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<br />10. Indemnification. Consultant will indemnify and hold harmless City and its officers,
<br />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,
<br />any subcontractor, anyone directly or indirectly employed by any of them or anyone for
<br />whose acts any of them may be liable, except where caused by the active negligence, sole
<br />negliger ,œ, or willful misconduct of City.
<br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense
<br />City incurs or makes to or on behalf of an injured employee under the City's self-
<br />administered workers' compensation is included as a loss, expense or cost for the purposes
<br />of this section, and that this section will survive the expiration or earty termination of the
<br />Agreement.
<br />11, Insurance. Consultant will obtain and maintain for the duration of the Agreement
<br />and any and all amendments, insurance against claims for injuries to persons or damage to
<br />property which may arise out of or in connection with performance of the Services by
<br />Consultant or Consultant's agents, representatives, employees or subcontractors. The
<br />insurance will be obtained from an insurance carrier admitted and authorized to do business
<br />in the State of California. The insurance carrier is required to have a current Best's Key
<br />Rating of not less than "A-:V."
<br /> 11,1 Coveraaes and Limits. Consultant will maintain the types of coverages and
<br /> minimum limits indicated below, unless Risk Manager or City Manager, in
<br /> consultation with the City Attorney approves a lower amount. These minimum
<br /> amounts of coverage will not constitute any limitations or cap on Consultant's
<br /> indemnification obligations under this Agreement. City, its officers, agents,
<br /> volunteers and employees make no representation that the limits of the insurance
<br /> specified to be carried by Consultant pursuant to this Agreement are adequate to
<br /> protect Consultant. If Consultant believes that any required insurance coverage is
<br /> inadequate, Consultant will obtain such additional insurance coverage, as
<br /> Consultant deems adequate, at Consultant's sole expense,
<br /> 11,1.1 Commercial General Liability 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 twice
<br /> the required per occurrence limit.
<br /> 11.1.2 Automobile Liability, $1,000,000 combined single-limit per accident for
<br /> bodily injury and property damage,
<br /> 11,1,3 Workers' Compensation and Employer's Liability, Workers'
<br /> Compensation limits as required by the Califomia Labor Code and Employer's
<br /> Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation
<br /> and Employer's Liability insurance will not be required if Consultant has no
<br /> employees and provides, to City's satisfaction, a declaration stating this.
<br /> 11,1,4 Professional Liability, Errors and omissions liability appropriate to
<br /> Consultant's profession with limits of not less than $1,000,000 per claim.
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