Chapter 27.34

(Ord. 30308.)

INTERGOVERNMENTAL CONTRACTS

If a Contractor claims, in accordance with the California Subletting and Subcontracting Fair Practices Act, that it made an inadvertent clerical error in listing a subcontractor, the Director is authorized to do the following:

• A. Consent to the requested substitution if the Contractor, the listed subcontractor and the intended subcontractor agree that the Contractor made an inadvertent clerical error;

• B. Consent to the requested substitution if the Contractor and the intended subcontractor agree that the Contractor made an inadvertent clerical error, and if the listed subcontractor fails to submit written objections to the Contractor's claim within 5 Business Days of the Contractor's notice of its claim; and

• C. If the listed subcontractor submits written objections to the Contractor's claim within 5 Business Days of the Contractor's notice of its claim, investigate the Contractor's claim, conduct an informal

Sections:

27.34.030 Charter exception.

27.34.040 Council authority.

This Chapter 27.34 applies to Intergovernmental Contracts, as defined herein. (Ord. 30308.)

Intergovernmental Contract means a contract in which a Public Works Project is done for the City by another public or governmental body or agency. (Ord. 30308.)

Section 1217(i)(1) of the City of San José Charter excepts Intergovernmental Contracts from

T27:39

SAN JOSÉ CODE

§ 27.34.030

the Major Public Works Contract procurement requirements of Section 1217(c) of the City of San José Charter. (Ord. 30308.)

The authority to award an Intergovernmental Contract that exceeds the threshold amount for a Minor Public Works Contract is reserved to the Council.

(Ord. 30308.)

In addition to any other terms and conditions the City may require, the Intergovernmental Contract must meet the following minimum requirements:

• A. The contract must include payment and performance bond requirements consistent with Part 1 of Chapter 27.24 of this Title 27, and require the bonds to name the City as an additional obligee;

• B. The contract must include insurance requirements complying with Part 2 of Chapter 27.24 of this Title 27, and require the City to be named as an additional insured;

• C. The contract must include appropriate indemnity requirements that have been approved by the City Attorney; and

• D. The contract must comply with all other applicable laws and regulations.

• (Ord. 30308.)