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<br />Consultant will be responsible for payment of subcontractors. Consultant will bind every <br />subcontractor and every subcontractor of a subcontractor by the terms f this <br />Agreement applicable to Consultant's work unless specifically noted to the cont ary in <br />the subcontract and approved in writing by City. <br /> <br />9. Other Consultants. The City reserves the right to employ other consult <br />connection with the Services. <br /> <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City nd its <br />officers, agents, employees and volunteers from and against all claims, da ages, <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 Consultant, any subcontractor, anyone directly or indirectly emplo ed by <br />any of them or anyone for whose acts any of them may be liable, except where aused <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, ost or <br />expense City incurs or makes to or on behalf of an injured employee under th City's <br />self-administered workers' compensation is included as a loss, expense or cost or the <br />purposes of this section, and that this section will survive the expiration 0 early <br />termination of the Agreement. <br /> <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agr ement <br />and any and all amendments, insurance against claims for injuries to pers ns 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, employes or <br />subcontractors. The insurance will be obtained from an insurance carrier admitt d and <br />authorized to do business in the State of California. The insurance carrier is req ired 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 cov rages <br />and minimum limits indicated below, unless Risk Manager or City Mana er, in <br />consultation with the City Attorney approves a lower amount. These mi imum <br />amounts of coverage will not constitute any limitations or cap on Cons Ita nt's <br />indemnification obligations under this Agreement. City, its officers, gents, <br />volunteers and employees make no representation that the limits f the <br />insurance specified to be carried by Consultant pursuant to this Agreem nt are <br />adequate to protect Consultant. If Consultant believes that any r quired <br />insurance coverage is inadequate, Consultant will obtain such ad itional <br />insurance coverage, as Consultant deems adequate, at Consultant' sole <br />expense. <br /> <br />11.1.1 Commercial General Liabilitv Insurance. $1,000,000 co bined <br />single-limit per occurrence for bodily injury, personal injury and p operty <br />damage. If the submitted policies contain aggregate limits, eneral <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br />