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.. 5.1E Page 5 subcontracts any of this agreement, Bay Span will be fully responsible to City for the acts and omissions of Bay Span's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Bay Span is for the acts and omissions of persons directly employed by Bay Span. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Bay Span and City. Bay Span will be responsible for payment of subcontractors. Bay Span will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Bay Span's temporary labor unless specifically noted to the contrary in the subcontract and approved in writing by City. .. . 10. Other Vendors. The City reserves the right to employ other vendors in connection with the temporary labor needs. 11. Indemnification. Bay Span will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out. of the performance of the temporary labor, caused in whole or in part by the willful misconduct or any negligent act or omission of Bay Span, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where . caused by the active negligence, sole negligence, or willful misconduct of City. The Parties expressly agree that any reasonable payment, attomey's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agre.ement. 12. Insurance. Bay Span will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance under this Agreement by Bay Span or Bay Span's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V." 12.1 Coverages and Limits. Bay Span will maintain the types of coverages and minimum limits _indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Bay Span's indemnifJCation obligations under this Agreement. City, its officers, agents, ;' volunteers and employees make no representation that the limits of the insurance specified to be carried by Bay Span pursuant to this Agreement are adequate to protect Bay Span. If Bay Span believes that any required insurance coverage is inadequate, Bay Span will obtain such additional insurance coverage, as Bay Span deems adequate, at Bay Span's sole expense. 12.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property AgnMHnent over $10K 3 City Attorney Approved Version 111803 ., ' "......- ..-..-+ ....."....,"~...,~, ..,-_..._,.. ..-......--.,. .-. .-..- ----.-