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<br />Consultant or any agent, employee, or subcontractor of Consultant for work done under <br />this Agreement. At the Agency's election, Agency may deduct the indemnification <br />amount from any balance owing to Consultant. <br /> <br />8. Subcontractinq. Consultant will subcontract with the firms of Fehr and Peers <br />Transportation, OPAC Consulting Engineers, Multicultural Institute, and <br />translation/childcare services. The consultant will not subcontract any portion of the <br />Services to other firms without prior written approval of Executive Director or his/her <br />designee. If Consultant subcontracts any of the Services, Consultant will be fully <br />responsible to Agency for the acts and omissions of Consultant's subcontractor and of <br />the persons either directly or indirectly employed by the subcontractor, as Consultant is <br />for the acts and omissions of persons directly employed by Consultant. Nothing <br />contained in this Agreement will create any contractual relationship between any <br />subcontractor of Consultant and Agency. Consultant will be responsible for payment of <br />subcontractors. Consultant will bind every subcontractor and every subcontractor of a <br />subcontractor by the terms of this Agreement applicable to Consultant's work unless <br />specifically noted to the contrary in the subcontract and approved in writing by Agency. <br /> <br />9. Other Consultants. Agency reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless Agency <br />and the City of Redwood City ("City") and their officers, agents, employees and <br />volunteers from and against all claims, damages, losses and expenses including <br />attorney fees arising out of the performance of the Services, caused in whole or in part <br />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 <br />whose acts any of them may be liable, except where caused by the active negligence, <br />sole negligence, or 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 <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 Executive Director, <br /> <br />ATTY/AGR/2007.089 <br />092607 <br /> <br />3 <br />