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REV: 06-20-24 VR <br />ATTY/AGR.2024.088/Pyro Spectaculars North, Inc. (Page 3 of 12) <br />8.3. Consultant will post, at each job site, a copy of the prevailing rate of per <br />diem wages. <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 />11.1. Consultant will defend, indemnify and hold harmless (collectively <br />“Indemnify”) City, Port of Redwood City, Portside Investors and their officers, <br />boards and commissions, agents, employees and volunteers (collectively <br />“Indemnitees”) from and against all claims, damages, losses and expenses <br />including attorney fees (collectively “Losses”) arising out of the performance of the <br />Services, caused or claimed to be caused by the acts, errors and/or omissions of <br />Consultant, or any Consultant Personnel or anyone for whose acts any of them <br />may be liable (collectively, “Responsible Parties”). Consultant’s responsibilities <br />under this Section 11 include liability arising from, connected with, caused by, or <br />claimed to be caused by the active or passive negligent acts or omissions of City, <br />which may be in combination with the acts or omissions of any Responsible Party, <br />provided that Consultant’s duty to Indemnify will not include any Losses arising <br />from the active negligence or willful misconduct of City. <br />11.2. <br />ATTY/AGR./Pyro Spectaculars (Page 3 of 12)