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S. CONFLICT OF INTEREST CLAUSE <br />CONSULTANT covenants that it presently has no interests and shall not have <br />interests, direct or indirect, which would conflict in any manner with performance of <br />services specified under this contract. <br />9. CERTIFICATION OF NONDISCRIMINATION <br />By signing this agreement, CONSULTANT certifies that it does not discriminate in <br />hiring or treatment on the basis of race, color, creed, religion, sex, age, national <br />origin, ancestry, physical handicap or medical condition, or veteran status, as <br />defined and prohibited by applicable law, in the recruitment, selection, training, <br />utilization, promotion, termination or other employment -related activities. <br />CONSULTANT affirms that it is an equal opportunity employer and shall comply <br />with all applicable federal, state and local laws and regulations. <br />10. INDEMNIFICATION <br />CONSULTANT agrees to indemnify and hold harmless CITY, its officers and <br />employees, from and against any and all loss or damage, from any and all suits, <br />actions and claims filed or brought by any person or persons, arising out of <br />negligent acts or omissions of CONSULTANT or its subcontractors or of the <br />officers, agents, employees of CONSULTANT or of its subcontractors, in the <br />performance of this Agreement. <br />11. INSURANCE <br />Worker's Compensation Insurance: <br />In accordance with the provisions of Section 2700 of the Labor Code, <br />CONSULTANT, if CONSULTANT has any employees, is required to be <br />insured against liability for worker's compensation or to undertake self- <br />insurance. CONSULTANT agrees to comply with such provisions before <br />commencing the performance of the work under this Agreement. <br />(a) The following requirements apply to all insurance to be provided by <br />CONSULTANT. <br />(i) A certificate of insurance shall be furnished to the CITY within 30 <br />days of the execution of this Agreement. <br />(ii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other materia <br />aspect without thirty (30) days prior written notice to the CITY. <br />(b) If CONSULTANT fails or refuses to procure or maintain the insurance <br />Page 4 of 6 <br />