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<br />~ <br /> <br />8. Subcontractina. Consultant will not subcontract any portion of the <br />Services without prior written approval of City Manager or his/her designee. If <br />Consultant subcontracts any of the Services, Consultant will be fully responsible <br />to City for the acts and omissions of Consultant's subcontractor and of the <br />persons either directly or indirectly employed by the subcontractor, as Consultant <br />is for the acts and omissions of persons directly employed by Consultant. <br />Nothing contained in this Agreement will create any contractual relationship <br />between any subcontractor of Consultant and City. Consultant will be <br />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 <br />contrary in the subcontract and approved in writing by City. <br /> <br />9. Other Consultants. The City reserves the right to employ other <br />consultants in connection with the Services. Consultant shall have no <br />responsibility for any work performed by other consultants. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City <br />and its officers, agents, employees and volunteers from and against all claims, <br />damages, losses and expenses including attorney fees arising out of the <br />performance of the Services, caused in whole or in part by the willful misconduct <br />or any negligent act or omission of the Consultant, any subcontractor, anyone <br />directly or indirectly employed by any of them or anyone for whose acts any of <br />them may be liable, except where caused by the active negligence, sole <br />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 <br />City's self-administered workers' compensation is included as a loss, expense or <br />cost for the purposes of this section, and that this section will survive the <br />expiration or early termination of the Agreement. <br /> <br />11. Insurance. Consultant will obtain and maintain for the duration of the <br />Agreement and any and all amendments, insurance against claims for injuries to <br />persons or damage to property which may arise out of or in connection with <br />performance of the Services by Consultant or Consultant's agents, <br />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 <br />of not less than "A-:V." <br /> <br />11.1 Coveraaes and Limits. Consultant will maintain the types of <br />coverages and minimum limits indicated below, unless Risk Manager or <br />City Manager, in consultation with the City Attorney approves a lower <br />amount. These minimum amounts of coverage will not constitute any <br />limitations or cap on Consultant's indemnification obligations under this <br /> <br />A TTY/AGR/201 0.002 <br />011310 <br /> <br />3 <br />