Form
: Standard Consultant Agreement (Non-Capital Projects) Page:
1 of _16_
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Standard City of San José Consultant Agreement
(Non-Capital Projects)
This Agreement is between the City of San José, a municipal corporation (“City”), and Hanson Bridgett, LLP (“Consultant”).
This Agreement is made and entered into this ___ day of _____________ 20__ (“Contract Date”).
THE CITY AND CONSULTANT AGREE AS FOLLOWS:
1. AGREEMENT SCOPE
1.1 General: This Agreement sets forth the terms and conditions under which the Consultant will provide professional consulting services to the City.
1.2 Exhibits: This Agreement consists of this agreement form and the following exhibits, which are incorporated herein by reference:
Exhibit A: Scope of Basic Services
Exhibit B: Compensatio n
Exhibit C: Insuran
ce Requirements
1.3 Direc
tor: “Director” means the City Clerk or the City Clerk’s designee.
1.4 Business Days: “Business Day” and “Business Days” means the day(s) on which City Hall is open to conduct business.
1.5 Entire Agreement: This Agreement is the final, complete and exclusive understanding of the parties as to the matters contained herein. It supersedes all prior communications and understandings regarding such matters.
1.6 Amendments: This Agreement may be modified only by a written amendment executed by the parties.
2. AGREEMENT TERM
The Agreement term is from the Contract Date to June 30, 2027, inclusive, unless terminated earlier pursuant to Section 19 below.
3. SCOPE OF SERVICES
3.1 Basic Services: “Basic Services” means the services set forth in Exhibit A. The Consultant must perform the Basic Services to the Director’s satisfaction.
3.2 Additional Services: “Additional Services” means the following: (a) services that are included in the Basic Services but exceed the specified level of the Basic Services, or (b) services that relate but are not included in the Basic Services.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 2 of _16_
3.2.1 Authorizatio
n: The City will not compensate Consultant for any Additional Services without the Director’s prior written authorization.
3.2.2 Director’s Authorization: The Director may authorize the Consultant to perform Additional Services up to the cumulative, maximum amount set forth in Exhibit B for such services. The Director must authorize the Consultant to perform Additional Services through a written amendment executed by both parties. The written amendment must set forth the scope of the Additional Services, the schedule for completing such services, and the amount and method of compensating the Consultant for such services. The Director is authorized to execute the amendment for Additional Services for the City.
4. INTENTIONALLY OMITTED
5. CITY’S CONT RACT MANAGER
The City’s contract manager for this Agreement is:
Name: Toni Taber, CMC and Matthew Tolnay,
Deput
y City Attorney
Phone No.: 408-535-1270
Department: Office of the City Clerk Email:
[email protected] and
[email protected]
Address: 200 E. Santa Clara St. 14th Floor
San Jose, CA 95113
The Director can change the above contract manager by giving the Consultant written notice.
6. CONSULTANT’S STAFFING
6.1 Consultant’s Contract Manager and Other Staffing: Identified below are the following: (a) the Consultant’s contract manager, and (b) the Consultant(s) and/or employee(s) of the Consultant who will be principally responsible for providing the Basic Services. If any individual identified below is required to file a Statement of Economic Interests, Form 700 (“Form 700”), and the individual does not have a current Form 700 on file with the City Clerk for a separate agreement with the City, the Consultant must comply with the requirements of Subsection 17.2 below.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 3 of _16_
Required to File Form
700?
Consultant’s Contract Manager Yes
Already
Filed
(Insert
Date
Filed)
Yes
Need
to File
No
Name: Steven D. Miller,
Partner and Lead
Evaluator
Phone No.:415-995-5831
X
Address:
425 Market St, 26th
Floor, San Francisco, CA
94105
Email:
[email protected]
Other Staffing
Name: Assignment: Email:
1. Jessil yn J. Ho Evaluator & Investi gator [email protected] X
2. 3.
6.2 Contract Manager’s Authority: The Consultant’s contract manager is authorized to act on behalf of the Consultant.
6.3 Staffing Changes: The Director’s prior written approval is required for the Consultant to remove, replace or add to any of its staffing identified in this provision.
7. USE OF SUBCONSULTANTS
7.1 Authority to Use: Whichever of the following is marked applies to this Agreement:
The Consultant can not use any subconsultants without the Director’s prior written approval.
The Consultant will use the following subconsult ants for the specified areas of work. The Consultant can not remove, replace or add to any of the subconsultants identified in this provision without the Director’s prior written approval.
Subconsultant’s Name Area of Work
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 4 of _16_
1. 2.
3. 7.2 Subconsultant Work: The Consultant warrants all services and deliverables provided by any subconsultants it uses, and represents that each such subconsultant is specially trained, experienced, and competent to perform its portion of the work.
8. INDEPENDENT CONTRACTOR
8.1 General: The Consultant has complete control over its operations and employees, and is an independent contractor. The Consultant is not an agent or employee of the City, and shall not represent or act as the City’s agent or employee. The Consultant does not have any rights to retirement benefits or other benefits accruing to City employees, and expressly waives any claim it may have to any such rights.
8.2 Subcontractors: As an independent contractor, the Consultant has complete control over its subconsultants, subcontractors, suppliers, agents and any other person or entity with whom the Consultant contracts in furtherance of this Agreement (collectively “Subcontractors”). Subject to the requirements of Section 7 of this Agreement, the Consultant is solely responsible for selecting, managing and compensating its Subcontractors, and for ensuring they comply with this Agreement.
8.3 Indemnity: The Consultant shall place in each Subcontractor agreement indemnity obligations in favor of the City in the exact form and substance of those contained in Section 11 below.
9. STANDARD OF PERFORMANCE
The Consultant represents that it possesses all necessary training, licenses and permits needed to perform the Basic Services. The Consultant represents that its performance of the Basic Services will conform to the standard of practice of a professional that specializes in performing professional services of a like nature and complexity.
10. COMPENSATION
10.1 Maximum Total Compensation: The maximum amount the City will pay the Consultant for all professional fees, costs, charges and expenses related to performing Basic Services and any Additional Services is $300,000 (“Maximum Total Compensation”).
10.2 Intentionally Omitted.
10.3 Exhibit B - Compensation: The City will pay the Consultant up to the Maximum Total Compensation in accordance with Exhibit B.
10.3.1 Compensation Table: Exhibit B sets forth a compensation table establishing the manner in which the City will pay the Maximum Compensation to the Consultant (“Compensation Table”). The Compensation Table is subject to the terms and conditions set forth below in Subsections 10.4 through 10.7.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 5 of _16_
10.3.2 Schedule of Rates and Charges: If the City will compensate the Consultant for any Basic Services on a time-and-materials basis, then Exhibit B also sets forth a schedule of the Consultant’s rates and charges (“Schedule of Rates and Charges”). The Schedule of Rates and Charges is subject to the following requirements:
10.3.2.1 Premium Pay: “Premium Pay” is a special pay rate for working during times that are less desirable, such as weekends, holidays or late shifts.
The City will not pay Consultant Premium Pay.
10.3.2.2 No Increases: The City will not increase the Schedule of Rates and Charges during the Agreement term.
10.3.2.3 Conflict: In the event of a discrepancy between this Section and the Schedule of Rates and Charges, this Section governs.
10.4 Compensation Table – Part 1: Part 1 of the Compensation Table addresses compensation for the various tasks included in the Basic Services. The following terms and conditions apply to Part 1 of the Compensation Table.
10.4.1 Task Numbers (Column 1): Column 1 sets forth the task number(s) for which the City will compensate the Consultant. Each task number corresponds to the same task number in Exhibit A. If a task number included in Exhibit A is not included in the Compensation Table, then the City will not compensate the Consultant separately for that task, and payment for such task is deemed included in the other task(s) for which the Consultant is receiving compensation.
10.4.2 Basis of Compensation (Column 2): Column 2 identifies whether the City will pay the Consultant for the task(s) on a time-and-materials basis or on a fixed-fee (lump-sum) basis.
10.4.3 Invoice Period (Column 3): Column 3 identifies when the Consultant must submit its invoice for payment. If invoicing is monthly, the Consultant must submit its invoice to the City by the 10th Business Day of each month for work completed during the previous month. If invoicing is upon the completion of a task or group of tasks, the Consultant must submit its invoice to the Director within 20 Business Days following completion of the task(s) to the Director’s satisfaction. If invoicing is upon the completion of all work, the Consultant must submit its invoice to the Director within 20 Business Days following completion of all work to the Director’s satisfaction.
10.4.3.1 Invoice: Each invoice must include sufficient information and supporting documents to establish to the Director’s satisfaction that the Consultant is entitled to the payment requested. The City will pay the undisputed portion of the invoice amount within 20 Business Days of the Director’s approval of such undisputed amount.
10.4.3.2 Invoices Based on Time and Materials: If time and materials is the basis of compensation, then the Consultant will base its invoice on the hours, professional fees, costs, and charges associated with the work completed during the invoice period. If the Consultant is entitled to reimbursable expenses and/or separate payment for subconsultant costs, the invoice will include such expenses and/or costs associated with the work completed during the invoice period. The City will compensate the Consultant in accordance with the Schedule of Rates and Charges included in Exhibit B.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 6 of _16_
10.4.3.3 Monthly Inv
oices Based on Fixed Fee: If the Consultant invoices monthly for a “fixed fee,” then the Consultant will base its monthly invoice on the percentage of work completed during the previous month. If the Consultant is entitled to reimbursable expenses and/or separate payment for subconsultant costs, the invoice will include such expenses and/or costs incurred during the previous month.
10.4.4 Compensation (Column 4): Column 4 sets forth the total compensation the City will pay the Consultant for completing the task(s).
10.4.4.1 Time & Materials: If time and materials is the basis of compensation, then the amount in Column 4 is a “not-to-exceed” or maximum amount. Any hours worked for which payment would result in a total exceeding the amount in Column 4 is at no cost to the City. If the Consultant completes the task(s) for less than the amount set forth in Column 4, the Director (in the Director’s sole discretion) may use the cost savings to increase the budget of another task.
The Director must authorize such reallocation of cost savings in writing.
10.4.4.2 Fixed Fee: If “fixed fee” is the basis of compensation, then the Consultant must complete the task(s) for the amount set forth in Column 4. Any hours worked for which payment would result in a total exceeding the amount in Column 4 are at no cost to the City.
10.5 Compensation Table – Part 2: Part 2 of the Compensation Table indicates whether or not the City will reimburse the Consultant separately for expenses incurred in providing the work. The following terms and conditions apply if the City reimburses the Consultant separately for expenses.
10.5.1 Subconsultants: The cost of subconsultants is not treated as a reimbursable expense.
Subsection 10.6 of this Agreement addresses payment for the cost of subconsultants.
10.5.2 Maximum Amount of Reimbursable Expenses: The City will reimburse the Consultant for expenses up to the maximum amount set forth in the last column of Part 2. Any expenses that the Consultant incurs in excess of the stated maximum are at no cost to the City.
10.5.3 Expenses That Are Reimbursable: Any reimbursement to the Consultant is limited to the expenses set forth below in the Reimbursable Expense Schedule. The City will reimburse these expenses at actual cost only unless a markup is specified.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or deliver y of any documents or materials. No Markup
2. The cost of photographing, printi ng, reproducing and/or copying any documents or materials.
No Markup
3. Telephone and facsimile transmission charges. No Markup
4. The rental of any specialized equipment to the extent the City’s contract manager has preapproved, in writing, the cost of such rental.
As specified,
not to exceed
10%
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 7 of _16_
5. With the written pre-authorization of the City’s contract manager, mileage and other travel-related expenses to the same extent that the City reimburses its employees pursuant to the Employee Travel Policy (City Policy Manual, Sections 1.8.2 and 1.8.3). The Consultant acknowledges that it has received a copy of Sections 1.8.2 and 1.8.3 and is familiar with these sections of the Employee Travel Policy.
No Markup
6. Any other expenses expressly identified in Exhibit B as being reimbursable. As specified, not to exceed
10%
10.6 Compensation Table – Part 3: Part 3 indicates whether the City will compensate the Consultant separately for subconsultant costs incurred in providing any part of the services. If the City will compensate the Consultant for subconsultant costs, the City will do so in accordance with the following terms and conditions.
10.6.1 Actual Costs: The Consultant can invoice the City for no more than the actual cost of each subconsultant plus a specified markup not to exceed 5 percent.
10.6.2 Schedule of Rates and Charges: Any subconsultant rates and charges set forth in the Schedule of Rates and Charges, if one is included in Exhibit B, must be the subconsultant’s actual rates and charges exclusive of any markup. The City will compensate the Consultant in accordance with those rates and charges.
10.6.3 Maximum Amount: The City will compensate the Consultant for all subconsultants in a total amount not to exceed the amount set forth in the last column of Part 3. Any additional subconsultant costs that the Consultant incurs in excess of the specified maximum amount are at no cost to the City.
10.7 Compensation Table – Part 4: Part 4 sets forth the maximum compensation that the Director can authorize for Additional Services in accordance with Subsection 3.2 above. Any Additional Services performed by the Consultant that would result in compensation exceeding this maximum amount is at no cost to the City.
10.8 Tax Forms Required: The following are conditions on the City’s obligation to process any payment pursuant to this Agreement:
10.8.1 U.S. Based Person or Entity: If the Consultant is a U.S. based person or entity, the Consultant acknowledges and agrees that the Consultant is required to provide the City with a properly completed Internal Revenue Service Form W-9 before the City will process payment. If the Consultant is a U.S. based person or entity, but has neither a permanent place of business in California nor is registered with the California Secretary of State to do business in California, the Consultant acknowledges and agrees that the Consultant is required to provide the City with a properly completed California Franchise Tax Board form related to nonresident withholding of California source income.
10.8.2 Non-U.S. Based Person or Entity: If the Consultant is not a U.S. based person or entity, the Consultant acknowledges and agrees that the Consultant is required to provide the City with the applicable Internal Revenue Service form related to its foreign status and a California Franchise Tax Board form related to nonresident withholding before the City will process payment.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 8 of _16_
11. INDEMNIFICATION
11.1 Personal Injury or Death, or Property Damage: The Consultant shall defend, indemnify and hold harmless City, and its officers, agents and employees, against any claim, loss or liability regarding the personal injury or death of any person, or property damage, caused by Attorney, its officers, agents or employees while engaged in performance of this Agreement, due to the willful or negligent acts (active or passive) or omissions by Attorney’s officers, employees or agents.
The acceptance of said services and duties by City shall not operate as a waiver of such right of indemnification.
11.2 Limitation on Obligation: The obligation in Subsection 11.1 above shall not apply to the extent that any claim, loss, damage, injury, expense or liability results from the sole negligence or willful misconduct of the City or its officers, employees or agents.
11.3 Duty to Defend: Intentionally Omitted.
11.4 Insurance: The City’s acceptance of any insurance in accordance with Section 12 does not relieve the Consultant from its obligations under this Section 11. The Consultant’s obligations under this Section 11 apply whether or not the insurance required by the Agreement covers any damages or claims for damages.
11.5 Survival: The Consultant’s obligations under this Section 11 survive the expiration or earlier termination of the Agreement.
12. INSURANCE REQUIREMENTS
12.1 General: The Consultant shall comply with the insurance requirements set forth in Exhibit C for the Agreement term.
12.2 Documentation: Before performing any services, the Co nsultant must submit to the City’s designated risk manager ("Risk Manager"), for the Risk Manager’s written approval, all documents demonstrating compliance with the requirements of Exhibit C.
12.3 Changes: The Risk Manager may amend or waive, in writing, any of the requirements contained in Exhibit C.
13. OWNERSHIP OF WORK PRODUCT
13.1 Ownership: The City owns all rights in and to any of the following work product (including electronic equivalents) without restriction or limitation upon their use, and immediately when and as created by the Consultant or any other person engaged directly or indirectly by the Consultant to perform the Consultant’s services pursuant to this Agreement: reports, drawings, plans, data, software, models, documents or other materials developed or discovered (collectively “Work Product”).
13.2 Copyright: To the extent permitted by Title 17 of the United States Code, the Work Product is deemed a work for hire and all copyrights in such Work Product are the property of the City. In the event it is ever determined that any Work Product is not a work for hire under United States law, the Consultant hereby assigns to the City all copyrights to such works when and as created.
13.3 Intentionally Omitted.
13.4 Consultant’s Reuse: With the Director’s prior written consent, the Consultant may retain and use copies of the Work Product for reference and as documentation of experience and DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 9 of _16_
capabilities.
14. DISCLOSURE OF WORK PRODUCT
14.1 Prohibition: Except as authorized by the Director or as otherwise required by law, the Consultant shall not disclose any of the following to a third party: (a) Work Product, (b) discussions between the City and Consultant, or (c) information prepared, developed or received by the Consultant or any of its Subcontractors in the course of performing services pursuant to this Agreement.
14.2 Notification: The Consultant will immediately notify the Di rector if it is requested by a third party to disclose any Work Product, discussions or information that the Consultant is otherwise prohibited from disclosing.
14.3 Limit on Prohibition: The prohibition in Subsection 14.1 above does not apply to disclosures between the Consultant and its Subcontractors that are needed to perform the Basic Services.
14.4 Survival: This Section 14 survives the expiration or earlier termination of this Agreement.
15. AUDIT/INSPECTION OF RECORDS
15.1 Retention Period: The Consultant shall retain the following records (collectively “Records”) for a minimum of 3 years from the date of the City’s final payment to the Consultant under this Agreement or for any longer period required by law:
All ledgers, books of accounts, invoices, vouchers, canceled checks, and other records relating to the
Consultant’s charges for performing services, or to the Consultant’s exp
enditures and disbursements charged to the City; and
All Work Product and other records evidencing Consultant’s performance.
15.2 Producing Records: At any time during the Agreement term or during the period of time that the Consultant is required to retain the Records, the City Manager, the Director, the City Attorney, the City Auditor, or a designated representative of any of these officers may request, in writing, production of all or a portion of the Records. The Consultant shall produce the requested Records at City Hall during normal business hours, or at any other location and time mutually agreed upon by the parties. The Consultant shall produce the requested Records at no cost to the City.
15.3 State Auditor: In accordance with Government Code Section 8546.7, the Consultant may be subject to audit by the California State Auditor with regard to the Consultant’s performance of this Agreement if the compensation under this Agreement exceeds $10,000.
16. NON-DISCRIMINATION/NON-PREFERENCE
16.1 Prohibition: The Consultant shall not discriminate against, or grant preferential treatment to, any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin. This prohibition applies to recruiting, hiring, demotion, layoff, termination, compensation, fringe benefits, advancement, training, apprenticeship and other terms, conditions, or privileges of employment, subcontracting and purchasing.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 10 of _16_
16.2 Intentionally Omitted.
16.3 Subcontracts: The Consultant shall include Subsection 16.1 of this Agreement in each subcontract that it enters into in furtherance of this Agreement.
17. CONFLICT OF INTEREST
17.1 General: The Consultant represents that it is familiar with the local and state conflict of interest laws, and agrees to comply with those laws in performing this Agreement. The Consultant certifies that, as of the Contract Date, it was unaware of any facts constituting a conflict of interest or creating an appearance of a conflict of interest. The Consultant shall avoid all conflicts of interest or appearances of conflicts of interest in performing this Agreement. The Consultant has the obligation of determining if the manner in which it performs any part of this Agreement results in a conflict of interest or an appearance of a conflict of interest, and shall immediately notify the City in writing if it becomes aware of any facts giving rise to a conflict of interest or the appearance of a conflict of interest.
17.2 Filing Form 700: In accordance with the California Political Reform Act (Government Code Section 81000 et seq.), the Consultant shall cause each person performing services under this Agreement, and identified as having to file a Form 700 to do each of the following:
Disclose the categories of economic interests in Form 700 as required by the Director; Complete and file the Form 700 no later than 30 calendar days after the person begins performing services under this Agreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and File the original Form 700 with the City’s Clerk with a copy submitted to the Director.
17.3 Future Services: The Consultant acknowledges each of the following with regard to performing future services for the City:
The Consultant’s performance of the servic es required by this Agreement may create an actual or appearance of a conflict of interest with regard to the Consultant performing or participating in the performance of some related future services, particularly if the services required by this Agreement comprise one element or aspect of a multi-phase process or project;
Such an actual or appearance of a conflict of interest would be a ground for the City to disqualify the Consultant from performing or participating in the performance of such future services; and
The Consultant is solely responsible for consid ering what potential conflicts of interest, if any, performing the services required by this Agreement might have on its ability to obtain contracts to perform future services.
18. ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 11 of _16_
18.1 General: The Consultant shall perform its obligations under the Agreement in conformance with City Council Policy 1-19, entitled “Prohibition of City Funding for Purchase of Single Serving Bottled Water,” and City Council Policy 4-6, entitled “Environmentally Preferable Procurement Policy.”
18.2 Prohibition of City Funding for Purchase of Single Serving Bottled Water: The City’s policy is that City funds should not be used for the purchase of single-serving bottled water except for any of the following:
Public safety emergencies, investigations and extended deployments or activation of the Office of Emergen
cy Services;
Situations where there is a high risk of cross-contamination with non-potable water; or
Situations where there are no reasonable alternatives to bottled water, such as large public events and when large quantities of water need to be distributed for health and safety rea
sons.
An invoi
ce seeking reimbursement from City for the cost of single-serving bottled water under one of the above exceptions must be accompanied by a waiver form provided by the City and signed by the Director.
18.3 Environmentally Preferable Procurement Policy: The Environmentally Preferable Procurement Policy, along with a brief policy description, is located on the City’s website at the following link: https://www.sanjoseca.gov/home/showdocument?id=12833. Environmental procurement policies and activities related to the completion of Consultant’s work will include, whenever practicable, but are not limited to:
The use of recycled and/or recyclable products in daily operations (i.e. 30%, 50%, 100% PCW p
aper, chlorine process free, triclosan free hand cleaner, etc.);
The use of Energy-Star Compliant equipment;
The use of alternative fuel and hybrid vehicles, and implementation of protocols aimed at increa
sing the efficiency of vehicle operation;
The implementation of internal waste reduction and reuse protocol(s); and Water and resource conservation activities within facilities, including bans on individual servin
g bottled water and the use of compostable food service products.
19. TERMINATION
19.1 For Convenience: The Director may terminate this Agreement at any time and for any reason by giving the Consultant written notice of the termination. The written notice must set forth the effective date of the termination, which must be at least 7 Business Days’ after the date of the written notice.
19.2 For Cause: The Director may terminate this Agreement immediately upon written notice for any material breach by the Consultant. If the Director terminates the Agreement for cause and obtains the same services from another consultant at a greater cost, the Consultant is responsible for such excess cost in addition to any other remedies available to the City.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 12 of _16_
19.3 Delivery of Work: If the Director terminates the Agreement – whether for convenience or for cause – the Director has the option of requiring the Consultant to provide to the City any finished or unfinished Work Product prepared by the Consultant up to the date of Consultant’s receipt of the written notice of termination.
19.4 Compensation: The City will pay the Consultant the reasonable value of services satisfactorily rendered by the Consultant to the City up to the date of Consultant’s receipt of the written notice of termination. For services to be “satisfactorily rendered,” the Director must determine that the Consultant provided them in accordance with the terms and conditions of this Agreement. The Director will determine the reasonable value of satisfactorily rendered services based on the Compensation Table and any Schedule of Rates and Charges attached to this Agreement.
19.5 Receipt of Notice: For purposes of this provision, the Consultant’s receipt of the written notice of termination will be determined based on the date of actual receipt or based on Subsection 20.2 below, whichever occurs first.
20. NOTICES
20.1 Manner of Giving Notice: All notices and other communications required by this Agreement must be in writing, and must be made via e-mail, personal service or United States mail, postage prepaid.
20.2 When Effective: A notice or other communication that is e-mailed is effective when sent provided the sender receives an acknowledgement from the intended recipient (e.g. return receipt, return e-mail, or other written acknowledgement). A notice or other communication that is personally served is effective when personally delivered. A notice or other communication that is mailed is effective 3 calendar days after deposit in the United States mail.
20.3 To Whom Given: All notices and other communications between the parties regarding the Agreement must be given to the individuals identified below using the appropriate contact information for giving notice:
To the City: City of San José
Office of the City Clerk
Attn: Toni Taber, CMC
200E. Santa Clara Street
San Jose, CA 95113
408-535-127
0 c
[email protected] and;
City of San José
Office of the City Attorney
Attn: Matthew Tolnay, Deputy City Attorney
200E. Santa Clara Street
San Jose, CA 95113
408-535-191
2 Matthew.toln
[email protected]
T
o the Consultant: Hanson Bridgett
Attn: Steven D. Miller
425 Market Street, 26th Floor
San Francisco, CA 94105
(415) 99
5-5831
[email protected]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 13 of _16_
20.4 Changing Contact Information: Either party may change its contact information for receiving written notices and communications regarding the Agreement by providing notice of such change to the other party pursuant to this Section 20.
21. WAGE THEFT PREVENTION
21.1 Compliance with Wage and Hour Laws: Consultant, and any subcontractor performing work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, the San José Living Wage Policy, the San José Prevailing Wage Policy, and the San José Minimum Wage Ordinance.
21.2 Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, the City of San José Office of Equality Assurance, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
21.3 Prior Judgments against Consultant and/or its Subcontractors: BY SIGNING THIS
AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS,
DECISIONS OR ORDERS RELATING TO WAGE AND HOUR LAWS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING AS TO THE CONSULTANT AND ITS SUBCONTRACTOR(S) – IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT.
CONSULTANT FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.
21.4 Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed, Consultant shall inform the Office of Equality Assurance, no more than 15 days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. Consultant and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City’s Office of Equality Assurance with documentary evidence of compliance with the final judgment, decision or order within five days of satisfying the final judgment, decision or order.
21.5 City’s Right to Withhold Payment: Where Consultant or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency with respect to work under this Agreement, the City reserves the right to withhold payment to Consultant until such judgment, decision or order has been satisfied in full.
21.6 Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
21.7 Notice to City Related to Wage Theft Prevention: Notice provided to the City’s Office of Equality Assurance as required under this Section shall be addressed to: Office of Equality Assurance, 200 East Santa Clara Street, 5th Floor, San José, CA 95113. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 14 of _16_
22. MISCELLANEOUS
22.1 Gifts Prohibited: The Consultant represents that it is familiar with Chapter 12.08 of the San José Municipal Code, which generally prohibits a City officer or designated employee from accepting any gift. The Consultant shall not offer any City officer or designated employee any gift prohibited by Chapter 12.08. The Consultant’s violation of this Subsection 22.1 is a material breach.
22.2 Disqualification of Former Employees: The Consultant represents that it is familiar with Chapter 12.10 of the City’s Municipal Code, which generally prohibits a former City officer and a former designated employee from providing services to the City connected with his/her former duties or official responsibilities. The Consultant shall not use either directly or indirectly any officer, employee or agent to perform any services if doing so would violate Chapter 12.10. The Consultant’s violation of this Subsection 22.2 is a material breach.
22.3 Waiver of a Violation: The City’s waiver of any violation of this Agreement by the Consultant is not a waiver of any other violation by the Consultant.
22.4 Acceptance of Services Not a Waiver: The City’s acceptance of any service or deliverable is not a waiver or release of any professional duty of care applicable to such service or deliverable, or of any right of indemnification, any insurance requirements, or any other term or condition of this Agreement.
22.5 Compliance with Laws: The Consultant shall perform all services consistent with all applicable federal, state and local laws, ordinances, codes and regulations. This obligation is not limited in any way by the Consultant’s obligation to comply with any specific law, ordinance, code or regulation set forth elsewhere in this Agreement.
22.6 Business Tax: The Consultant represents and warrants that it currently has a City business tax certificate or exemption, if qualified, and will maintain such certificate or exemption for the Agreement term.
22.7 Assignability: Except to the extent this Agreement authorizes the Consultant to use subconsultants, the Consultant shall not assign any part of this Agreement without the Director’s prior written consent. The Director, at the Director’s discretion, may void this Agreement if a violation of this provision occurs.
22.8 Governing Law: California law governs the construction and performance of this Agreement.
22.9 Disputes: Any litigation resulting from this Agreement will be filed and resolved by either the Superior Court of California for the County of Santa Clara, or the San José Division of the Northern District of California.
22.10 Survival of Provisions: If a court finds any part of this Agreement unenforceable, all other parts shall remain enforceable.
22.11 Headings: The section and exhibit headings are for convenience only and are not to be used in its construction.
22.12 Execution in Counterparts: This Agreement may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 15 of _16_
22.13 Use of Electronic Signatures: Unless otherwise prohibited by law or City policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City. ///
IN WITNESS WHEREOF, the City and Consultant have caused this Agreement to be executed by their respective duly authorized representatives as follows.
NOTE: The Consultant must sign one of the following representations. The City will not process this Agreement unless the Consultant has signed one of the provisions.
{{__signer#}} The Consultant certifies that the Consultant has a permanent place of business in California or is registered with the California Secretary of State to do business in California. The Consultant will file a California tax return and withhold on payments of California source income to nonresidents when required. If the Consultant ceases to have a permanent place of business in California or ceases to do any of the above, the Consultant will promptly notify the City at the address specified in Subsection
20.3 of this Agreement.
Or
{{__signer#}} If the Consultant is unable to make the above certification, the Consultant acknowledges and agrees to provide the City with the applicable tax forms issued by the Internal Revenue Service and California Franchise Tax Board, as applicable, as specified in Section 10.8 of this Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form: Standard Consultant Agreement (Non-Capital Projects) Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 16 of _16_
City o
f San José
By {{__signer#}}
Name: Toni Taber, CMC
Title: City Clerk
Consultant
By {{__signer#}}
Name: Steven Miller
Title: Hanson Bridget, LLP, Partner & Lead
Evaluator/Investigator
Approval as to Form (City Attorney):
Form Approved by the Office of the City
Attorney
(Maximum Total Compensation is $100,000 or less, and
standard provisions of the form are not altered.)
Appro ved as to Form:
{{__signer#}}
Name: Matthew Tolnay
Title: Deputy City Attorney
By {{__signer#}}
Name: [Ins
ert Name.]
Title: [Insert Title of Signature.]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit A: Scope of Basic Services
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 1 of _1_
EXHIBIT A: SCOPE OF BASIC SERVICES
(Non-Capital Projects)
The Consultant shall provide services and deliverables as set forth in this Exhibit A. The Consultant shall provide all services and deliverables required by this Exhibit A to the satisfaction of the Director.
General Description of Project: At the request and direction of the City of San Jose Board of Fair Campaign and Political Practices (“Board”), the City’s goal and objective is to obtain complete, thorough and expeditious investigators and evaluations of complaints which are filed with the Board. The investigations and evaluations of complaints must be conducted within the highest legal and ethical standards. The evaluations and investigations must include in-depth and sound analysis of the facts, evidence and legal issues relating to complaints alleging violations of the “Ethics Provisions” contained in Title 12 of the San Jose Municipal Code. Evaluator/Investigator shall be neutral and impartial and must not appear to have any bias or favoritism toward any person or entity involved in any way with any complaint or investigation and in accordance with the Regulations and Procedures for the Board as currently set forth in Resolution No. 79187, and as may be amended and updated from time to time by the City Council, and in order to avoid any potential or actual conflicts of interest, should be located outside of the County of Santa Clara and must forgo any involvement in political campaigns in the County of Santa Clara. Evaluator/Investigator shall perform the following services on an ongoing basis throughout the term of this agreement and completed by June 30, 2027:
____________________________________________________________________________________ Task No. 1: Evaluator/Investigator Services
A. Services: The Evaluator/Investigator shall perform the following services:
1. Review and investigate complaints and prepare a written report and recommendations directly to the Board. The evaluation and investigation process for complaints, including the report and recommendations of Evaluator/Investigator, will be required to be done in accordance with the Regulations and Procedures for the Board of Fair Campaign and Political Practices Investigations and Hearings, as currently set forth in Resolution No. 79187, and as may be amended and updated from time to time by the City Council.
2. Appear at the request of the Board for meetings and/or hearings concerning complaints which are filed with the Board.
3. Conduct investigations, reviews or evaluations of documents including reports, statements or forms filed with the City Clerk or a public agency.
4. At the request of the Board, Evaluator/Investigator will monitor compliance with the requirements of Title 12 of the San José Municipal Code and conduct audits.
B. Deliverable: Evaluator and Investigator will prepare a written Report and Recommendation directly to the Board, required to be done in an expedited basis and according to the standards as noted in this exhibit A General Description.
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: _________________________________.
On or before _30___ Business Days from date of receiving each complaint or request____________.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit A: Scope of Basic Services
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 2 of _1_
Investigative Services Special Provisions:
A) If Evaluator/Inve
stigator determines that investigative services are required that do not require dire
ct involvement of an attorney and the participation of a non-attorney investigator can provide a sa
vings in time and money to the Board, the Evaluator/Investigator will retain a private inve
stigation firm after obtaining written approval from CITY.
B)
Evaluator/Investigator shall be responsible for directing the work of any private investigation firm and for an
y compensation due to the firm. CITY agrees to compensate Evaluator/Investigator as sho
wn in Exhibit B Compensation and Schedule of Rates and Charges for “Investigator.” City assumes no
responsibility whatsoever concerning such compensation.
C)
Evaluator/Investigator shall change or add private investigation firms only with the written approval of the City Attorne
y or his or her designee.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett
June 2023
Form Name: Standard C onsultant Agreement (Non-Capital Projects) Exhibit B – Compensation
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 1 of _2_
EXHIBIT B: COMPENSATION
Section 1 – Compensation Table
Part 1 – Compensation for Basic Services
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation 1 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $ Part 2 – Reimbursable Expenses
No expenses are separately reimbursable. The amount(s) in Column 4 of Part 1 include(s) payment for all expenses.
Expenses are separately reimbursable in accordance with Subsection 10.5 of this Agreement. The maximum amount of reimbursable expenses is:
$
Part 3 – Subconsultant Costs
Subconsultant costs are not separately compensable. The amount(s) in Column 4 of Part 1 include(s) payment for
subconsultants.
Subconsultant costs are separately compensable in accordance with Subsection 10.6 of this Agreement. The maximum amount of compensation for subconsultant costs is:
$
Part 4 – Additional Services
No money is budgeted for Additional Services, and the
Director can not authorize any Additional Services.
The Director may authorize the Consultant to perform Additional Services up to the following maximum amount:
$
Maximum Total Compensation (sum of Parts 1 through 4): $300,000 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit B – Compensation
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 2 of _2_
Section 2 – Schedule of Rates and Charges
Omitted . No Schedule of Rates and Charges is included because the City will not be compensating the Consultant for any Basic Services on a “time & materials” basis.
The following is the Schedule of Rates and Charges applicable to this Agreement:
Classific
ation Hourly Rate
Partner $515
Senior Counsel $430
Associate $415
Paralegal /Other Political Compliance Specialist $210
Investigator A
t Cost*
These rates will be in effect for one year and will then increase on July 1 of each year of contract term in accordance with the CPI rate in effect. * Investig
ator hourly rate not to exceed $200.
Maxim
um compensation for agreement term is $300,000. Reimbursable expenses incurred by Evaluator/Investigator which are determined by the City Attorney to be reasonable in amount necessary to permit Evaluator/Investigator to perform its obligations.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit C: Insurance Requirements
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 1 of _4_
EXHIBIT C: INSURANCE REQUIREMENTS
Evaluator/Investigator, at Evaluator/Investigator's sole cost and expense, shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by Evaluator/Investigator, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The coverage provided by Insurance Services Office Commercial General Liability coverage (“occurrence”) Form Number CG 0001; and
2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall be included for all owned, non-owned and hired automobiles; and
3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and
4. Professional Liability Errors and Omissions in surance appropriate to Evaluator/Investigator’s profession.
There shall be no endorsement reducing the scope of coverage required above unless approved by the CITY’s Risk Manager.
B. Minimum Limits of Insurance
Evaluator/Investigator shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and
3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident; and
4. Professional Liability Errors and Omissions: $1,000,000 per claim and $1,000,000 aggregate.
Any limits requirement may be met with any combination of primary and excess coverage so long as the excess coverage is written on a "follow form" or umbrella basis.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by CITY's Risk Manager.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit C: Insurance Requirements
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 2 of _4_
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability and Automobile Liability Coverages
a. The City of San Jose, its officers, employ ees and agents are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, Evaluator/Investigator; products and completed operations of Evaluator/Investigator; premises owned, leased or used by Evaluator/Investigator; and automobiles owned, leased, hired or borrowed by Evaluator/Investigator. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees.
b. Evaluator/Investigator's insurance coverage s hall be primary insurance as respects CITY, its officers, employees, agents and contractors. Any insurance or self-insurance maintained by CITY, its officers, employees, or agents shall be excess of Evaluator/Investigator's insurance and shall not contribute with it.
c. Any failure to comply with reporting provis ions of the policies by Evaluator/Investigator’s shall not affect coverage provided CITY, its officers, employees, or agents.
d. Coverage shall state that Ev aluator/Investigator’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
e. Coverage shall contain a waiver of subrogation in favor of the City, its officers, employees, and agents.
2. Workers’ Compensation and Employers’ Liability
Coverage shall contain waiver of subrogation in favor of the City of San Jose, its officers, employees, and agents.
3. Claims Made Coverages
If coverage is obtained on a “claims made” policy form, the retroactive date shall precede the date services were initiated with the City and the coverage shall be maintained for a period of three (3) years after termination of services under this Agreement.
4. All Coverages
Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to CITY, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
E. Acceptability of Insurers
Insurance is to be placed with insurers acceptable to CITY's Risk Manager.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form Name: Standard Consultant Agreement (Non-Capital Projects) Exhibit C: Insurance Requirements
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 3 of _4_
F. Verification of Coverage
Evaluator/Investigator shall furnish CITY with certificates of insurance and endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Consultant: Hanson Bridgett, LLP
June 2023
Form Name: Standard C onsultant Agreement (Non-Capital Projects) Exhibit C: Insurance Requirements
Form/File No.: 1348123_4/T-32026
City Attorney Approval Date: May 2023
Page: 4 of _4_
Proof of insu
rance shall be emailed in pdf format to: [email protected]:
Certificate Ho
lder
City of San Jose—Finance
Risk Management & Insurance
200 East Santa Clara Street, 14th Floor Tower
San Jose, CA 95113-1905
G. Subcontrac
tors
Evaluato
r/Investigator shall include all subcontractors or subconsultants as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.