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incorporated herein by this reference, prior to performance of the Services <br />B Comprehensive General Liability insurance with carriers acceptable to City in the <br />minimum amount of One Million Dollars ($1,000,000) per occurrence and Two <br />Million Dollars ($2,000,000) aggregate, for public liability, property damage and <br />personal injury is required. City shall be named as an additional insured and such <br />insurance shall be primary and non-contributing to any insurance or self-insurance <br />maintained by City <br />C Business Auto Liability coverage, with minimum limits of One Million Dollars <br />($1,000,000) per occurrence, combined single limit bodily injury liability and <br />property damage liabihty This coverage shall include all Consultant owned vehicles <br />used in connection with Consultant's provision of the Services, hired and non -owned <br />vehicles, and employee non -ownership vehicles City shall be named as an additional <br />insured and such insurance shall be primary and non-contributing to any insurance or <br />self-insurance maintained by City <br />D Consultant is expressly prohibited from assigning or subcontracting any of the <br />Services without the prior written consent of City In the event of mutual agreement <br />by the Parties to assign or subcontract a portion of the Services, Consultant shall add <br />such assignee or subcontractor as an additional insured to the insurance policies <br />required hereby and provide City with the insurance endorsements prior to any <br />Services being performed by the assignee or subcontractor <br />6 2 Consultant shall defend, indemnify and hold harmless City and its elected officials, <br />employees and agents from and against any and all claims, losses or liability, including <br />attorneys' fees, arising from injury or death to persons or damage to property occasioned <br />by any negligent act or omission by, or the willful misconduct of, Consultant, or its <br />officers, employees and agents in performing the Services <br />ARTICLE 7 — CONFLICTS OF INTEREST <br />7 1 Consultant covenants and represents that it does not have any investment or interest in <br />any real property that may be the subject of this Agreement or any other source of <br />income, interest in real property or investment that would be affected in any manner or <br />degree by the performance of Consultant's Services Consultant further covenants and <br />represents that in the performance of its duties hereunder, no person having any such <br />interest shall perform any Services under this Agreement. <br />7.2 Consultant agrees it is not a designated employee within the meaning of the Political <br />Reform Act because Consultant: <br />A. Does not make a governmental decision whether to <br />(i) approve a rate, rule or regulation, or adopt or enforce a City law; <br />(ii) issue, deny, suspend or revoke any City permit, license, application, <br />certification, approval, order or similar authorization or entitlement; <br />(in) authorize City to enter into, modify or renew a contract; <br />3 <br />L:\ca\djm\Agreements\Miller Architectural Agreement.PS-1 1.FY21-0023.doc.jn <br />