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<br />subcontracts any of this agreement, Bay Span will be fully responsible to City for the <br />acts and omissions of Bay Span's subcontractor and of the persons either directly or <br />indirectly employed by the subcontractor, as Bay Span is for the acts and omissions of <br />persons directly employed by Bay Span. Nothing contained in this Agreement will create <br />any contractual relationship between any subcontractor of Bay Span and City. Bay <br />Span will be responsible for payment of subcontractors. Bay Span will bind every <br />subcontractor and every subcontractor of a subcontractor by the terms of this <br />Agreement applicable to Bay Span's temporary labor unless specifically noted to the <br />contrary in the subcontract and approved in writing by City. <br /> <br />1O. Other Vendors. The City reserves the right to employ other vendors in <br />connection with the temporary labor needs. <br /> <br />11. Indemnification. Bay Span will defend, indemnify and hold harmless City and its <br />officers, agents, employees and volunteers from and against all claims, damages, <br />losses and expenses including attorney fees arising out of the performance of the <br />temporary labor, caused in whole or in part by the willful misconduct or any negligent <br />act or omission of Bay Span, any subcontractor, anyone directly or indirectly employed <br />by any of them or anyone for whose acts any of them may be liable, except where <br />caused by the active negligence, sole negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's <br />self-administered workers' compensation is included as a loss, expense or cost for the <br />purposes of this section, and that this section will survive the expiration or early <br />termination of the Agreement. <br /> <br />12. Insurance. Bay Span will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or <br />damage to property which may arise out of or in connection with performance under this <br />Agreement by Bay Span or Bay Span's agents, representatives, employees or <br />subcontractors. The insurance will be obtained from an insurance carrier admitted and <br />authorized to do business in the State of California. The insurance carrier is required to <br />have a current Best's Key Rating of not less than "A-:V." <br /> <br />12.1 Coveraqes and Limits. Bay Span will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in <br />consultation with the City Attorney approves a lower amount. These minimum <br />amounts of coverage will not constitute any limitations or cap on Bay Span's <br />indemnification obligations under this Agreement. City, its officers, agents, <br />volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Bay Span pursuant to this Agreement are <br />adequate to protect Bay Span. If Bay Span believes that any required insurance <br />coverage is inadequate, Bay Span will obtain such additional insurance <br />coverage, as Bay Span deems adequate, at Bay Span's sole expense. <br /> <br />12.1.1 Commercial General Liability Insurance. $1,000,000 combined <br />single-limit per occurrence for bodily injury, personal injury and property <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br /> <br />. ...._.....~ <br />