Agmt12 Devastating Pyrotechnics - Laserfiche WebLink

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4. Independent Contractor. At all times during the term of this Agreement, Contractor, its employees and agents shall be independent contractors and not employees or agents of the City. Contractor, its employees and agents shall have no authority, express or implied,to bind the City to any obligation whatsoever. 5. Assignment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to City for entering into this agreement was, and is, the qualifications and competence of Contractor. Therefore, Contractor shall not subcontract, assign or transfer any portion of the performance contemplated and provided for in this Agreement without the approval of the City Manager. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. 6. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from and against all claims, demands, damages ar costs arising from Contractor's negligent errors, acts or omissions ar willful misconduct with respect to Contractor's work performed pursuant to this Agreement. The foregoing obligation of Contractor shall not apply to the extent the claims, demands, damages or costs arise out of the negligence of City. 7. Insurance. Throughout the term of this Agreement, Contractor shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. The City and its elected officials, officers, agents, employees, and volunteers shall be named as additional insureds on all policies. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VIL Contractor's insurance shall be primary with respect to City for any claims related to the services rendered by Contractor. (a) Statutory Worker's Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly for Contractor with limits not less than $1,000,000. (b) Commercial General Liability insurance in an amount not less than $5,000,000 per occurrence. (c) Business automobile liability insurance in the amount of $1 million,per accident. If applicable, Contractor shall not allow any subcontractors to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor in the amounts indicated herein. 8. Nondiscrimination and Equal Opportunity. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for General Services Agreement between the City of Redwood City and June 12,2012 Devastating Pyrotechnics Page 2 of 6