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prior to commencement of the Services. Insurance policies shall include a provision <br /> prohibiting cancellation or modification of the policy except upon thirty (30) days prior <br /> written notice to City. <br /> 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets <br /> statutory requirements with an insurance carrier acceptable to City, or certification to <br /> City that Consultant is self-insured or exempt from the workers' compensation laws of <br /> the State of California. Consultant shall provide City with Exhibit "D," entitled <br /> "Workers' Compensation Insurance Certification," which is attached hereto and <br /> incorporated herein by this reference prior to performance of the Services. <br /> 6.3 Consultant shall secure and maintain comprehensive general liability insurance with <br /> carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per <br /> occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property <br /> damage and personal injury is required. City shall be named as an additional insured and <br /> such insurance shall be primary and non-contributing to any insurance or self-insurance <br /> maintained by City. <br /> 6.4 Consultant shall secure and maintain professional liability insurance throughout the term <br /> of this Agreement in the arnount of One Million Dollars ($1,000,000)per claim made. <br /> 6.5 Consultant shall secure and maintain business auto liability coverage, with minimum <br /> limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily <br /> injury liability and property damage liability. This coverage shall include all Consultant <br /> owned vehicles used in connection with Consultant's provision of the Services, hired and <br /> non-owned vehicles, and employee non-ownership vehicles. City shall be named as an <br /> additional insured and such insurance shall be primary and non-contributing to any <br /> insurance or self insurance maintained by City. <br /> 6.6 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 ConsuItant'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 /> I:%ca\djm\Agrcemenfs\MSW Cemetery Service Pee Study 3.3[.16.doe 3 <br />