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REV: 06-07-21 MI concurrent active or passive negligence of the City of Redwood City, it’s City Council, Commissions, Committees, Boards, officers, employees, volunteers and agents. However, Contractor's duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which City has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 8. ASSIGNABILITY AND SUBCONTRACTING Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of City. Any such assignment or subcontract without City’s prior written consent shall give City the right to automatically and immediately terminate this Agreement without penalty or advance notice. 9. BUSINESS LICENSE. The Contractor must obtain a City business license, unless the Contractor qualifies for an exemption. 10. INSURANCE a. General Requirements Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by City, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish City with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII. b. Workers' Compensation and Employer's Liability Insurance Contractor shall maintain coverage as required by the California Labor Code and Employer’s Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Worker’s Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees, and volunteers. The Workers’ Compensation and Employer’s Liability Insurance will not be required if Consultant has no employees and provides, to the City’s satisfaction, a declaration stating this. ATTY/AGR.2021.132/Blanc Investigations (background Investigator) (Page 3 of 8)