Laserfiche WebLink
30 <br /> <br />performed during the postconstruction phases of construction, including, but not limited to, all <br />cleanup work at the jobsite. <br /> <br /> Developer shall indemnify, defend (with counsel approved by City) and hold the City, <br />and its respective elected and appointed officers, officials, employees, agents, consultants, and <br />contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, <br />expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, <br />action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage <br />(all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are <br />caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in <br />connection with, or relate to, the payment or requirement of payment of prevailing wages or the <br />requirement of competitive bidding in the construction of the Project, the failure to comply with <br />any state or federal labor laws, regulations or standards in connection with this Agreement, <br />including but not limited to the Prevailing Wage Laws, or any act or omission of Developer <br />related to this Agreement with respect to the payment or requirement of payment of prevailing <br />wages or the requirement of competitive bidding, whether or not any insurance policies shall <br />have been determined to be applicable to any such Claims. It is further agreed that City does not <br />and shall not waive any rights against Developer which it may have by reason of this indemnity <br />and hold harmless agreement because of the acceptance by City, or Developer’s deposit with <br />City of any of the insurance policies described in this Agreement. The provisions of this Section <br />shall survive the expiration or earlier termination of this Agreement and the issuance of <br />Certificates of Occupancy for the Project. Developer’s indemnification obligations under this <br />Section shall not apply to any Claim which arises as a result of an Indemnitee’s gross negligence <br />or willful misconduct. <br /> <br /> 1.6.2 Developer Hotel. Developer shall enter into a labor peace agreement with <br />the appropriate labor organization regarding the operation of the Developer Hotel located on the <br />Developer Hotel Parcel. The Developer Hotel Ground Lease shall require the operator of the <br />Developer Hotel operated thereon to adhere to such labor peace agreement. <br /> <br /> 1.6.3 Local Hiring. It is in the interests of City, its residents and local <br />businesses to encourage development within the City boundaries that strengthens the local <br />economy by providing jobs and increasing economic activity overall. The construction of the <br />Project will directly create construction jobs and indirectly could increase ancillary and <br />complementary jobs that support the Project’s construction activities. City has a strong public <br />interest in encouraging hiring local firms and business for major projects with the City. In order <br />to further these goals, Developer shall make a good faith effort to contract with appropriate <br />businesses located in San Leandro for both professionals and construction trades that will be <br />working on the Project construction, subject to the following standards: <br /> <br />(a) For the purpose of this Section 1.6.3, a business is located in San <br />Leandro if it has a physical presence within the City limits and has applied for and received a <br />local business license; such business may also have offices outside the City. <br /> <br />(b) Developer shall conduct outreach to make City businesses aware <br />of the availability of Project related contracts by (a) advertising such opportunities in the local