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6.1 D <br /> Page 5 <br /> persons directiy employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship between any subcontractor of Consultant and City. <br /> Consultant will be responsibie for payment of subcontractors. Cansultant will bind every <br /> subcontractor and every subcantractor of a subcontractor by the terms of this <br /> Agreement applicable fio Consultant's work unless specifically noted fio the contrary in <br /> the subcontract and appro�ed in writing by City. <br /> 9. Other Consultants. The City reserves #he right to employ other consu�tants in <br /> connectian with the Services. <br /> 10. Indemnification. Consultanfi wil� defend, indemnify and hoid harmless Cifiy and its <br /> officers, agents, employees and volunteers from and against a#! claims> damages, <br /> lasses and expenses inciuding a�torney fees arising out o# 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 subcon#ractor, anyone directly or indirectly emplayed by <br /> any of them or anyone for whose acts any of them may be iiable, except where caused <br /> by the active negligence, sole negligence, or willful misconduct of City. <br /> The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br /> expense City incurs or makes ta or on beha�f of an injured employee under the City's <br /> self-administered workers' compensation is included as a 1oss, expense or cos# for the <br /> purposes af this section, and that this section wili survive the expiration or ear�y <br /> termination of the Agreement. <br /> 11, Insurance. Consultant will obtain and maintain for the duration of the Agreement <br /> and any and al! amendments, insurance against claims fo� injuries to persons or <br /> damage to properly 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 admit�ed and <br /> authorized to do business in the State of California. The insurance carrier is required �o <br /> have a curren� Best's Key Rating of not less �han "A-:V." <br /> 11.'i Coverages and Limits. Consultant will maintain the types of coverages <br /> and minimum limits indicated below, unless Risk Manager or Ci#y Manager, in <br /> consultation wi#h the City Attorney appro�es a Iower amount. These minimum <br /> amounts of coverage will not constitute any limitations or eap on Consultant's <br /> indemni#ication obligations under this Agreement. City, i#s officers, agents, <br /> valunteers and employees make no representation that the limits o# the <br /> insurance specified to be carried by Consultant pursuant to this Agreement are <br /> adequate fio pro#ect Consul#ant. If Consultant belie�es that any required <br /> insurance coverage is inadequate, Consultant will obtain such additional <br /> insurance coverage, as Consultant deems adequate, at Consuitant's sole <br /> expense. <br /> 1'!.'{.1 Commercial General Liability Insurance. $1,000,00o combined <br /> , <br /> single-limit per occurrence for bodily injury, personal injury and property <br /> ATTYIAGR/2009.027 3 <br /> 060809 <br />