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<br />8. Subcontractina. Consultant will not subcontract any portion of the Services <br />without prior written approval of City Manager or hislher designee. If Consultant <br />subcontracts any of the Services, Consultant will be responsible to City for the acts and <br />omissions of Consultant's subcontractor and of the persons either directly or indirectly <br />employed by the subcontractor, as Consultant is for the acts and omissions of persons <br />directly employed by Consultant. Nothing contained in this Agreement will create any <br />contractual relationship between any subcontractor of Consultant and City. Consultant <br />will be responsible for payment of subcontractors. Consultant will bind every <br />subcontractor and every subcontractor of a subcontractor by the terms of this <br />Agreement applicable to Consultant's work unless specifically noted to the contrary in <br />the subCOntract and approved in writing by City. <br /> <br />9. Other Consultants. The City reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br />officers,agents,employeesand volunteers from and against all claims, damages, <br />losses and expenses including attorney fees arising out of the performance of the <br />Services, to the extent caused in whole orin 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. <br /> <br />The Parties expressly agree that any reasonable payment, attomey'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. 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 Coveraaes 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 approve$ 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, its officers, agents, <br />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 /> <br />ATIY/AGR/2007.110 <br />122607 <br /> <br />3 <br />