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Vendor Application, Continued

Acknowledgement of Bidding Practices by the City of Oakland re: Indemnity

The City of Oakland requires contractors and vendors of either materials or services, to agree to indemnity and hold the City of Oakland harmless for claims or losses arising from or in connection with the contracting party's work for the City of Oakland.

To reduce the possibility of misunderstanding between contracting parties and the City in the case of a claim or lawsuit, the City of Oakland is requesting that contracting parties who wish to do business with the City sign the Bid Form.

In consideration of the opportunity of making bids to the City of Oakland and the potential benefits to be received by contracting with the City of Oakland, the contracting party hereby agrees:

1. That in the event that a purchase or confirming order is issued by the City of Oakland, awarding a contract, that this agreement is to be considered part of that and any subsequent contract;

2. That the contracting party waives the benefits and protection of Labor Code Section 3864, which provides:

"If an action as provided in this chapter is prosecuted by the employer, or both jointly against the third person results in judgement against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgement or settlement in the absence of a written agreement to do so executed prior to the injury."

3. That the contracting party understands and agrees that each offer to bid or award of a contract by the City of Oakland includes a requirement that the contracting party indemnify and hold the City of Oakland harmless, as specified by the terms of the contract between the parties;

4. That this agreement has been signed by an authorized representative of the contracting party and shall not be modified without written consent of the City of Oakland.

5. That this agreement shall be binding upon the successors and assigness of the contracting party to any contract with the City of Oakland. As a condition precedent to accepting any contracts from the City of Oakland, the contracting party agrees to advise its successors or assignees of this agreement and to obtain their consent to it in writing before the work of the respective successor or assignees begins;

6. This letter will act as an agreement between the parties which will become part of each and every contract between the City of Oakland and the contract parties signing the Bid Forms for the period of January 1, 1991 to January 1, 2020.

By approving Bid Forms, I agree to the terms of this Statement of Agreement