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subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement applicable to ConsultanYs work unless specifically noted to the contrary in <br /> the subcontract and approved in writing by City. <br /> 9. Other Consultants. City reserves the right to employ other consultants in <br /> connection 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, <br /> losses and expenses including attorney fees arising out of the pertormance 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 /> 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. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance Consultant shall 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 ConsultanYs agents, representatives, <br /> employees or subcontractors. The insurance will be obtained from an insurance carrier <br /> admitted and authorized to do business in the State of California. The insurance carrier <br /> is required.to have a current BesYs Key Rating of not less than "A-:V." <br /> 11.1 Coveraqes and Limits. Consultant, at its sole expense, shall maintain the <br /> types of coverages and minimum limits indicated below, unless the Risk Manager <br /> or City Manager, in consultation with the City Attorney, approves a lower amount. <br /> These minimum amounts of coverage will not constitute any limitations or cap on <br /> ConsultanYs indemnification obligations under this Agreement. City, its officers, <br /> agents, volunteers and employees make no representation that the limits of the <br /> insurance specified to be carried by Consultant pursuant to this Agreement are <br /> adequate to protect Consultant. If Consultant believes that any required <br /> insurance coverage is inadequate, Consultant will obtain such additional <br /> insurance coverage, as Consuitant deems adequate, at ConsultanYs sole <br /> expense. <br /> 11.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined <br /> single-limit per occurrence for bodily injury, personal injury and property <br /> damage. If the submitted policies contain aggregate limits, general <br /> Agreement over $10K 3 <br /> . City Attorney Approved Version 012611 , <br />