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<br />Consultant will be fully responsible to City for the acts and omissions of Consultant's <br />subcontractor and of the persons either directly or indirectly employed by the <br />subcontractor, as Consultant is for the acts and omissions of persons directly employed <br />by Consultant. Nothing contained in this Agreement will create any contractual <br />relationship between any subcontractor of Consultant and City. Consultant will be <br />responsible for payment of subcontractors. Consultant will bind every subcontractor <br />and every subcontractor of a subcontractor by the terms of this Agreement applicable to <br />Consultant's work unless specifically noted to the contrary in the subcontract and <br />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, employees and volunteers from and against all claims, damages, <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 employed by <br />any of them or anyone for whose acts any of them may be liable, except where caused <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, 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, and its subcontractor American Appraisal Services, will <br />obtain and maintain for the duration of the Agreement and any and all amendments, <br />insurance against claims for injuries to persons or damage to property which may arise <br />out of or in connection with performance of the Services by Consultant or Consultant's <br />agents, representatives, employees or subcontractors. The insurance will be obtained <br />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 <br />less than "A-V." <br /> <br />11.1 Coveraqes and Limits. Consultant and its subcontractor American <br />Appraisal Services will maintain the types of coverages and minimum limits <br />indicated below, unless Risk Manager or City Manager, in consultation with the <br />City Attorney approves a lower amount. These minimum amounts of coverage <br />will not constitute any limitations or cap on indemnification obligations under this <br />Agreement. City, its officers, agents, volunteers and employees make no <br />representation that the limits of the insurance specified to be carried by <br />Consultant pursuant to this Agreement are adequate to protect Consultant. If <br />Consultant believes that any required insurance coverage is inadequate, <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br />