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<br />11. Indemnification. Consultant will defend, indemnify and hold harmless Agency <br />and the City of Redwood City ("City") and their officers, agents, employees and volunteers from <br />and against all claims, damages, losses and expenses including attorney fees arising out of the <br />performance of the Services, which shall mean and include Consultant's Work, caused in whole <br />or in part by the willful misconduct or any negligent act or omission of the Consultant, any <br />subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts <br />any of them may be liable, except where caused by the active negligence, sole negligence, or <br />willful misconduct of Agency or City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense Agency incurs or makes to or on behalf of an injured employee under the <br />Agency/City's self-administered workers' compensation is included as a loss, expense or cost <br />for the purposes of this section, and that this section will survive the expiration or early <br />termination of the Agreement. <br /> <br />12. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and all amendments, insurance against claims for injuries to persons or damage to <br />property which may arise out of or in connection with performance of the Services by Consultant <br />or 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 is required to have a current Best's Key Rating of not less than <br />"A-:V." <br /> <br />13.1 Coveraqes and Limits. Consultant will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or Executive Director, in <br />consultation with the General Counsel, approves a lower amount. These minimum <br />amounts of coverage will not constitute any limitations or cap on Consultant's <br />indemnification obligations under this Agreement. Agency and/or City, their officers, <br />agents, volunteers and employees make no representation that the limits of the <br />insurance specified to be carried by Consultant pursuant to this Agreement are adequate <br />to protect Consultant. If Consultant believes that any required insurance coverage is <br />inadequate, Consultant will obtain such additional insurance coverage, as Consultant <br />deems adequate, at Consultant's sole expense. <br /> <br />13.1.1 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 /> <br />13.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for <br />bodily injury and property damage. <br /> <br />13.1.3 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 Agency's satisfaction, a <br />declaration stating this. <br /> <br />ATTY/AGR/2006.079 <br />092906 <br /> <br />3 <br />