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9. Other Consultants. City reserves the right to employ other consultants in connection <br /> with the Services. <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 /> 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 /> The parties expressly agree that this section shall survive the expiration or early termination of <br /> the Agreement. <br /> 11. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and <br /> any 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 /> ConsultanYs 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 BesYs Key Rating of not less than <br /> ��A-:V.�� <br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the types <br /> of coverages and minimum limits indicated beiow, unless the Risk Manager or City <br /> Manager, in consultation with the City Attorney, approves a lower amount. These <br /> minimum amounts of coverage will not constitute any limitations or cap on ConsultanYs <br /> indemnification obligations under this Agreement. City, its officers, agents, volunteers <br /> and employees make no representation that the limits of the insurance specified to be <br /> carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If <br /> Consultant believes that any required insurance coverage is inadequate, Consultant will <br /> obtain such additional insurance coverage, as Consultant deems adequate, at <br /> ConsultanYs sole expense. <br /> 11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single- <br /> limit 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 <br /> twice the required per occurrence limit. <br /> 11.1.2 Automobile Liabilitv. $1,000,000 combined single-limit per accident for <br /> bodily injury and property damage. <br /> 11.1.3 Workers' Compensation and Emplover's Liability. Workers' <br /> Compensation limits as required by the California Labor Code and Employer's <br /> Liability limits of $1,000,000 per accident for bodily injury. Workers' <br /> Compensation and Employer's Liability insurance wili not be required if <br /> ATTY/AGR/2011. 062/BLT TOT CONSULTANT AGREEMENT <br /> 080511 <br /> 3 <br />