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<br />CALIFORNIA PRELIMINARY NOTICE: City shall cooperate with CLP as reasonably
<br />requested in connection with the preparation of California preliminary notices( s) and the
<br />filing of any stop notice(s) or payment bond claim(s).
<br />PREV AILING WAGE: City shall inform CLP in advance if the construction work to be
<br />performed calls for the payment of prevailing wages, and shall execute a Prevailing Wage
<br />Addendum to this Agreement. Should City fail to notify CLP of the work's prevailing
<br />wage status, City shall be invoiced for and agrees to pay any supplemental charges
<br />associated with conversion of the CLP Worker's pay rate to the appropriate prevailing
<br />wage rate and associated fringe benefits. In addition City shall pay CLP a service fee of
<br />$25 per CLP Worker per week or fraction thereof that supplemental charges are required.
<br />INDEMNIFICATION: City shall defend, indemnify and hold harmless CLP, its agents,
<br />employees and insurers, form all claims, demands, causes of actions and liabilities for
<br />personal injury or property damage, arising out of or in connection with City's operations
<br />or work performed by CLP Workers. This indemnification shall extend to claims
<br />occurring after this Agreement is terminated.
<br />HOLD HARMLESS: CLP hereby agrees to defend, indemnify and save harmless the
<br />City of Redwood City, its Council, officers, boards, commissions, agents and employees
<br />("the Indemnitees") from and against any and all claims, suits, actions, liability, loss,
<br />damages, expense, costs, including without limitation, costs and fees of litigation of every
<br />nature, kind and description which may be brought against, or suffered or sustained by the
<br />Indemnitees caused by, or alleged to have been caused by, the negligence, intentional
<br />tortuous act or omission, or willful misconduct of CLP, its officers, agents or employees
<br />in the performance of any services or work pursuant to this agreement. The duty of CLP
<br />to indemnify and save harmless, as set forth herein, shall include the duty to defend as set
<br />forth in Section 2778 of the California Civil Code; provided however, that nothing herein
<br />shall be construed to require CLP to indemnify the Indemnitees against any responsibility
<br />or liability in contravention of Section 2782 of the California Civil Code.
<br />Notwithstanding any other term or provision of this Agreement, CLP shall not be
<br />obligated to defend or indemnify the IndeIIl.1-litees from or against any liabilitf to t.ì.e
<br />extent that such liability arises from the sole, active or passive negligence of the
<br />Indemnitees or any of them. This indemnification shall extend to claims occurring after
<br />this Agreement is terminated.
<br />BUYOUT PROVISION: If any CLP Worker is hired by City within six months after the
<br />CLP Worker's last date of assignment with City, City shall execute a Buyout Agreement
<br />and pay a Buyout Fee specified in writing on a separate Schedule of Fees, which is
<br />subject to change from time to time at CLP's sole discretion. The Buyout Fee is due
<br />upon receipt of invoice. In addition to the Buyout Fee, City shall pay CLP a fee of $2,500
<br />if City hires a CLP Worker without notification to CLP and execution of a Buyout
<br />Agreement, or if City causes a CLP Worker to terminate employment with CLP and
<br />commence work for a competing labor supplier.
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