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<br />Consultant will bind every subcontractor and every subcontractor of a subcontractor by the <br />terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary <br />in the subcontract and approved in writing by City. <br /> <br />9. Other Consultants. The City reserves the right to employ other consultants in connection <br />with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br />officers, agents, employees and volunteers from and against all claims, damages, losses and <br />expenses including attorney fees arising out of the performance of the Services, caused in <br />whole 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 City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City <br />incurs or makes to or on behalf of an injured employee under the City's self-administered <br />workers' compensation is included as a loss, expense or cost for the purposes of this section, <br />and that this section will survive the expiration or early termination of the Agreement. <br /> <br />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement and any <br />and all amendments, insurance against claims for injuries to persons or damage to property <br />which may arise out of or in connection with performance of the Services by Consultant or <br />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 />11.1 Coveraaes and Limits. Consultant will maintain the types of coverages and <br />minimum limits indicated below, unless Risk Manager or City Manager, in consultation <br />with the City Attorney approves a lower amount. These minimum amounts of coverage <br />will not constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. City, its officers, agents, volunteers and employees make no <br />representation that the limits of the insurance specified to be carried by Consultant <br />pursuant to this Agreement are adequate to protect Consultant. If Consultant believes <br />that any required insurance coverage is inadequate, Consultant will obtain such <br />additional insurance coverage, as Consultant deems adequate, at Consultant's sole <br />expense. <br /> <br />11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit <br />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 twice <br />the required per occurrence limit. <br /> <br />11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident for <br />bodily injury and property damage. <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br />