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<br />of persons directly employed by Consultant. Nothing contained in this Agreement will <br />create any contractual relationship between any subcontractor of Consultant and <br />City/Agency. Consultant will be responsible for payment of subcontractors. Consultant <br />will bind every subcontractor and every subcontractor of a subcontractor by the terms of <br />this Agreement applicable to Consultant's work unless specifically noted to the contrary <br />in the subcontract and approved in writing by City/Agency. <br /> <br />9. Other Consultants. The City/Agency reserves the right to employ other <br />consultants in connection with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless <br />City/Agency and its officers, agents, employees and volunteers from and against all <br />claims, damages, losses and expenses including attorney fees arising out of the <br />performance of the Services, caused in whole or in part by the willful misconduct or any <br />negligent act or omission of the Consultant, any subcontractor, anyone directly or <br />indirectly employed by any of them or anyone for whose acts any of them may be liable, <br />except where caused by the active negligence, sole negligence, or willful misconduct of <br />City/Agency. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City/Agency incurs or makes to or on behalf of an injured employee under the <br />City's/Agency's self-administered workers' compensation is included as a loss, expense <br />or cost for the purposes of this section, and that this section will survive the expiration or <br />early termination of the Agreement. <br /> <br />11. 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 <br />damage to property which may arise out of or in connection with performance of the <br />Services by Consultant or Consultant'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 CoveraQes and Limits. Consultant 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 Consultant's <br />indemnification obligations under this Agreement. City/Agency, its 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 <br />adequate to protect Consultant. If Consultant believes that any required <br />insurance coverage is inadequate, Consultant will obtain such additional <br />insurance coverage, as Consultant deems adequate, at Consultant's sole <br />expense. <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br />