Agmt23 Pyro Spectaculars North, Inc.

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REV 3-27-2023 RL 8.4. The Consultant will forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Consultant. 9. Subcontracting. Consultant will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the subcontractor’s acts and omissions as Consultant is for the acts and omissions of persons directly employed by Consultant. Such responsibility will include responsibility for the acts and omissions of the subcontractor’s officers, employees, consultants, subcontractors, and agents. Nothing contained in this Agreement will create any contractual relationship between City and any subcontractor, and Consultant will be responsible for paying subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement that bind Consultant unless specifically noted to the contrary in the subcontract and approved in writing by the City Manager or their designee. 10. Other Consultants. City reserves the right to employ other consultants in connection with the Services. 11. Indemnification. Consultant will defend, indemnify and hold harmless (collectively “Indemnify”) City. Port of Redwood City, Portside Investors and their officers, boards and commissions, agents, employees and volunteers (collectively “Indemnitees”) from and against all claims, damages, losses and expenses including attorney fees (collectively “Losses”) that arise out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence or willful misconduct of City. The Parties expressly agree that any reasonable payment, attorney’s fee, cost or expense City incurs or makes to or on behalf of any injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this Section. The Parties expressly agree that this Section shall survive the expiration or earlier termination of the Agreement. 12. Insurance. Consultant will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”. ATTY/AGR.2023.063/Pyro Spectaculars North, Inc. (4th of July Fireworks Show 2023) (Page 3 of 11)