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<br />9. Other Consultants. The City reserves the right to employ other consultants in <br />connection with the Services. <br />10. Indemnification. Consultant will defend, indemnify and hold City, its officers, agents, <br />volunteers and employees, harmless from and against all claims, damages, losses and <br />expenses, including attorney's fees arising out of performance of the Services, to the extent <br />caused in whole or in part by the willful misconduct or any negligent act or omission of the <br />consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone <br />for whose acts any of them may be liable, except where caused by the active negligence, sole <br />negligence, or willful misconduct by Agency or City. <br />The Parties expressly agree that any payment, attorney's fee, costs or expense City incurs or <br />makes to or on behalf of an injured employee under the City's self-administered workers' <br />compensation is included as a loss, expense or cost for the purposes of this section, and that <br />this section will survive the expiration or early termination of the Agreement. <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement and <br />any and all amendments, insurance against claims for injuries to persons or damage to property <br />which may arise out of or in connection with performance of the Services by Consultant or <br />Consultant's agents, representatives, employees or subcontractors. The insurance will be <br />obtained from an insurance carrier admitted and authorized to do business in the State of <br />California. The insurance carrier for Professional Liability is required to have a current Best's <br />Key Rating of not less than "B+:V"; all other insurance carriers are required to have a current <br />Best Key Rating of not less than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant will maintain the types of coverages and <br /> minimum limits indicated below, unless Risk Manager or City Manager, in consultation <br /> with the City Attorney approves a lower amount. These minimum amounts of coverage <br /> will not constitute any limitations or cap on Consultant's indemnification obligations under <br /> this Agreement. City, its officers, agents, volunteers and employees make no <br /> representation that the limits of the insurance specified to be carried by Consultant <br /> pursuant to this Agreement are adequate to protect Consultant. If Consultant believes <br /> that any required insurance coverage is inadequate, Consultant will obtain such <br /> additional insurance coverage, as Consultant deems adequate, at Consultant's sole <br /> expense. <br /> 11.1.1 Commercial General Liability Insurance. $1,000,000 combined single- <br /> limit per occurrence for bodily injury, personal injury and property damage. If the <br /> submitted policies contain aggregate limits, general aggregate limits will apply <br /> separately to the work under this Agreement or the general aggregate will be <br /> twice the required per occurrence limit. <br /> 11.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for <br /> bodily injury and property damage. <br /> 11.1.3 Workers' Compensation and Employer's Liability. Workers' <br /> Compensation limits as required by the California Labor Code and Employer's <br /> Liability limits of $1,000,000 per accident for bodily injury. Workers' <br /> Compensation and Employer's Liability insurance will not be required if <br /> Consultant has no employees and provides, to City's satisfaction, a declaration <br /> stating this. <br />Agreement over $10K 3 <br />City Attorney Approved Version 101003 <br /> -- <br />