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REV: 03-18-22 RL <br />8.4. The Consultant will forfeit fifty dollars ($50.00) for each calendar day or <br />portion thereof for each worker paid less than the stipulated prevailing rates for <br />any public work done under the Agreement by it or by any subcontractor under <br />Consultant. <br />9. Subcontracting. Consultant will not subcontract any portion of the Services without <br />prior written approval of the City Manager or their designee. If Consultant subcontracts <br />any of the Services, Consultant will be fully responsible to City for the subcontractor’s <br />acts and omissions as Consultant is for the acts and omissions of persons directly <br />employed by Consultant. Such responsibility will include responsibility for the acts and <br />omissions of the subcontractor’s officers, employees, consultants, subcontractors, and <br />agents. Nothing contained in this Agreement will create any contractual relationship <br />between City and any subcontractor, and Consultant will be responsible for paying <br />subcontractors. Consultant will bind every subcontractor and every subcontractor of a <br />subcontractor by the terms of this Agreement that bind Consultant unless specifically <br />noted to the contrary in the subcontract and approved in writing by the City Manager or <br />their designee. <br />10. Other Consultants. City reserves the right to employ other consultants in <br />connection with the Services. <br />11. Indemnification. <br />Consultant will defend, indemnify and hold harmless City, Port of Redwood City, <br />Portside Investors and their officers, agents, employees and volunteers from and <br />against all claims, damages, losses and expenses including attorney fees arising <br />out of the performance of the Services, caused in whole or in part by the willful <br />misconduct or any negligent act or omission of the Consultant, any subcontractor, <br />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 or willful <br />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 <br />City's self-administered workers' compensation is included as a loss, expense or <br />cost for the purposes of this section. <br />The parties expressly agree that this section shall survive the expiration or early <br />termination of the Agreement. <br />12. 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 <br />to 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 carrier is required to maintain an A.M. Best rating of not less than “A-:VII”. <br />ATTY/AGR.2022.036/Pyro Spectaculars North, Inc. (2022 4th of July Fireworks Show) (Page 3 of 12)