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<br />losses and expenses including attorney fees arising out of the performance of the <br />Services, caused in whole or in part by the willful misconduct or any negligent act or <br />omission of the Contractor, any subcontractor, anyone directly or indirectly employed by <br />any of them or anyone for whose acts any of them may be liable, except where caused <br />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 />11. Insurance. Contractor 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 of the <br />Services by Contractor or Contractor'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 />11.1 Coveraaes and Limits. Contractor will maintain the types of coverages <br />and 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 Contractor'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 Contractor pursuant to this Agreement are <br />adequate to protect Contractor. If Contractor believes that any required <br />insurance coverage is inadequate, Contractor will obtain such additional <br />insurance coverage, as Contractor deems adequate, at Contractor's sole <br />expense. <br /> <br />11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined <br />single-limit per occurrence for bodily injury, personal injury and property <br />damage. If the submitted policies contain aggregate limits, general <br />aggregate limits will apply separately to the work under this Agreement or <br />the general aggregate will be twice the required per occurrence limit. <br /> <br />11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident <br />for bodily injury and property damage. <br /> <br />11 .1 .3 Workers' Compensation and Emplover's Liabilitv. Workers' <br />Compensation limits as required by the California Labor Code and <br />Employer's Liability limits of $1,000,000 per accident for bodily injury. <br />Workers' Compensation and Employer's Liability insurance will not be <br />required if Contractor has no employees and provides, to City's <br />satisfaction, a declaration stating this. <br /> <br />Agreement over $10K <br />City Attorney Approved Version 111803 <br /> <br />3 <br />