RFP - Logan Justice Court Indigent Defense Services

Logan City
Purchasing Department
290 North West
Logan, Utah 84321
REQUEST FOR PROPOSAL
LOGAN JUSTICE COURT INDIGENT DEFENSE SERVICES
RFP DATE: October 2, 2026
PURPOSE OF REQUEST:
The purpose of this Request for Proposal ("RFP") is to enter into a contract with a qualified attorney and/or
law firm licensed to practice in the state of Utah, to provide indigent defense services for Logan City. The
company hereinafter may be referred to by the following terms: Attorney, Firm, Company, Consultant and/or
Proposer. Logan City hereinafter may be referred to as the City.
RESPONSE DATE AND LOCATION:
Offers must be received by 2:00 PM MDT on October 21, 2026. Proposal must be received electronically at
lori.mathys@loganutah.gov. Any proposal that is received after this due date and time will not be considered
and will be returned. If it becomes necessary to revise the RFP in whole or in part, an addendum will be posted
at https://www.loganutah.gov/government/departments/finance/purchasing/bid_and_proposal_requests.php.
It is the responsibility of the Proposer to check the web page for additions.
ADMINISTRATIVE GUIDANCE:
The information provided herein is intended and designed to provide those interested in responding sufficient
basic information regarding minimum requirements. It is not intended to limit a proposal's content or exclude
any relevant or essential data therefrom. Proposers are at liberty and are encouraged to expand upon the
specification to evidence service capability under any agreement. Logan City will not be liable for any costs
Proposers may incur in the preparation or presentation of this proposal.
PROPOSAL CONSIDERATION:
The City may award a contract based solely upon the merits of the initial proposal, without any oral
commentary. In light of this possibility, Proposers should present the most favorable price and service
available. The City may require an oral presentation from a short list of the top two or three Proposers to make
a final selection. If necessary, this presentation will be scheduled after the closing date and prior to the award
of the contract. The City reserves the right to reject any or all proposals received and to waive any informality
or technicality in any proposal in the interest of the City. All materials become the property of Logan City and
may be returned only at the City's option.
TERMS OF CONTRACT:
The agreement will be in accordance with requirements set forth in Exhibit A - Standard Contract Terms and
Conditions for Professional Services.
If there is a change to the personnel assigned, from the personnel proposed in the proposal, during the initial
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contract period, the City reserves the right to review the resume(s) and give approval of the proposed new
personnel. If the City does not approve of the personnel, another must be proposed. This procedure will be
followed until the firm and the City can agree upon personnel. If the City and the firm cannot come to an
agreement on personnel, the contract may be terminated.
All provisions of the agreement must be in compliance with established laws and ordinances of the State of
Utah and its political subdivisions.
BACKGROUND:
The City has a need for a public defender attorney who will provide indigent defense legal services for eligible
defendants at the Logan City Justice Court. The Logan City Justice Court weekly calendar is as follows:
Tuesday
3:30- 5:00 p.m. Public Defender pretrials.
Thursday
9:00 a.m. - 11:30 a.m. Public Defender trials, pretrials and detention hearings for in-custody Defendants.
1:30 p.m. - 3:00 p.m. Foreign language arraignments (as needed for Defendants that qualify for public
defense for trials and pretrials)
Friday: Jury Trials (as needed)
SCOPE OF SERVICES:
Public Defender will be required to supply his/her own laptop and other equipment necessary to perform the
public defense duties. Public Defender will be authorized to utilize an office located at the Logan Municipal
Court. Work shall be in person.
The scope of work requested for this procurement is to provide full range indigent defense legal services for
Class B and C misdemeanors as appointed by the Logan Municipal Justice Court. These services will include,
but is not limited to representing indigent clients at all stages of criminal cases including review of police
reports; legal research; preparation of pleadings; argument of legal concepts and principles; formal and
informal discovery; motion and pre-trial hearings; negotiating settlements or changes of plea, bench and jury
trials, and appeals.
Public Defender shall provide his/her own support staff, office facilities, equipment and materials necessary
for preparation and defense of all cases.
Public Defender agrees to perform the services set forth above in a prompt and efficient manner, and in
accordance with all applicable laws, rules and standards, including the Utah Code of Judicial Administration,
Utah Rules of Criminal Procedure and all applicable ethical rules. Utah Code of Judicial Administration Rule
9-302 mandates that documents be filed electronically using the electronic filer's interface. Public Defender
agrees that he/she will provide services at a level consistent with the manner and practices of other municipal
public defenders practicing in Utah.
Minimum weekly time commitment is projected of a minimum of 4 hours in court per week but may vary
with caseload and calendaring of court events. In Court hours do not include time required to meet or
communicate with clients, time required to petition to determine competency of appointed Defendants, time
required for appeals to the District Court, or Domestic Violence cases transferred to the District Court pursuant
to Utah Rules of Criminal Procedure 12.5.
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Proposal should include an amount to cover the cost of conflict counsel who has a contract with the indigent
defense system in Cache County pursuant to the Indigent Defense Act, Utah Code Title 78B Chapter 22.
Anticipated length of engagement is 3-5 years with renewable contract on an annual basis at the beginning of
each year.
PROPOSAL FORMAT:
Proposals must be concise and in outline format. All proposals must be organized and tabbed to comply with
the following sections. Each tabbed section must clearly and fully address the subject and be understandable.
Failure to do so will negatively impact the evaluation of your submitted proposal.
Proposals should be long enough to expand on your qualifications and experience; however, lengthy proposals
are discouraged.
Tab I. Letter of Transmittal.
* Prepare a one-page letter that declares interest and provides contact information. This letter
of interest should briefly summarize relevant qualifications and experience. The signature on this letter
shall be interpreted to signify the offeror's intent to comply with all the terms, conditions and
specifications set forth in this solicitation, unless otherwise specifically noted. The letter must be on
company letterhead.
Tab II. Qualifications.
* Name of attorney and/or firm, location of all offices, and specifically the location of the principal
place of business in Utah.
* Age of the firm, and average number of attorneys over the past five years in the Utah office.
* Submit resume outlining education, training, skills, qualifications, experience and areas of
expertise for each of the proposed attorney(s).
* Knowledge of legal and court policies, procedures, practices and systems.
* Knowledge of the principles and practices of law enforcement.
* Excellent verbal and written communication skills.
* Skilled in negotiation, problem-solving and decision making.
* Ability to remain flexible.
* Capable of spotting and framing issues to advance client's interests.
* Ability to establish and maintain effective working relationships with clients, prosecutors,
witnesses and judges/court personnel.
* Discuss the availability and current workload of the proposed attorney(s).
* Proposed attorney(s) must have sufficient support staff to handle potential caseload.
* Must have adequate system in place to check for conflicts of interest.
* Must be licensed to practice law in the state of Utah and be a member in good standing with the
Utah State Bar Association.
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Tab III. Experience.
* Provide statements of attorney(s) and/or firm(s) experience in providing the services
requested herein. Please identify the key individual(s) who will be assigned to serve as Public
Defenders. Give a brief resume of each key staff member and identify what responsibility each person
will have. Attorneys must have a Juris Doctorate Degree, membership in the Utah State Bar, and
admission to practice before all state courts and at least 3-5 years of experience in the field of criminal
law
* Detail your experience in providing the services requested herein for similar customers of similar
size, provide customer name, contact person, and telephone number(s). By providing such references
you agree that neither the City nor the clients referenced shall have any liability regarding the
provision of such references or the City's use of such references in making selections under this
request for proposal.
Tab IV. Cost Proposal.
Provide an annual flat rate for the indigent defense services which include all time spent in court and all the
time needed to prepare for said cases, secretarial costs, administrative costs, insurance, travel, fuel and any
other related costs.
Tab V. Insurance.
Proposal shall include proof of ability to comply with required insurances as shown on Exhibit B - Insurance
and Bond Requirements.
Tab VI. Agreement
Proposal shall include acceptance of or requested changes to the Standard Contract Terms and Conditions for
Professional Services included as Exhibit A.
Tab VII. Claim of Business Confidentiality
The Government Records Access and Management act (GRAMA) provides in part that certain records are
protected if properly classified. Proposers are responsible for determining which pages, if any, should be
classified as protected under a Claim of Business Confidentiality. (Not included in page count.)
To protect information under a Claim of Business Confidentiality, the Proposer must:
1) Provide a written Claim of Business Confidentiality at the time the proposal is provided to Logan
City; and
2) Include a concise statement of reasons supporting the Claim of Business Confidentiality (Utah Code
Ann. 63G-2-309). See Exhibit C.
To ensure the information is properly protected, the City asks the Proposer to clearly identify in the body of
the proposal (by clearly marking the applicable pages as confidential) any specific information for which a
Proposer claims business confidentiality protection as "PROTECTED". If no statement is provided, it is
assumed that the information is not protected.
EVALUATION CRITERIA:
The Statements of Qualifications will be examined closely by the following evaluation criteria to determine
that they meet the standards necessary for this assignment, as determined by the City. The City will be the
sole judge as to which firm (if any) is selected to provide legal services as Public Defender.
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1. Qualifications. Overall qualifications, experience, and performance of attorney or the firm and the
individuals(s) assigned to serve as Public Defender.
2. Support. Capability including personnel staffing, equipment, and availability to perform this work.
3. Price.
Understandability and comprehensiveness of information supplied in this proposal will affect the evaluation
of the above criteria.
QUESTIONS:
Please direct questions concerning this RFP in writing to:
Lori Mathys
Logan City Purchasing Agent
lori.mathys@loganutah.gov
All questions must be received by 5:00 PM MDT, October 14, 2026. Responses will be posted at
https://www.loganutah.gov/government/departments/finance/purchasing/bid_and_proposal_requests.php. It
is the responsibility of the Proposer to check the web page for additions.
INVOICING AND PAYMENT:
The company shall submit a monthly written invoice for services rendered and the City shall pay the invoiced
fee within thirty (30) days after receipt of the invoice by the City. Invoices shall be submitted to
accountspayable@loganutah.gov.
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Exhibit A
CITY OF LOGAN
Standard Contract Terms and Conditions for Professional Services
Project: LOGAN JUSTICE COURT INDIGENT DEFENSE SERVICES
1. PARTIES: This Standard Contract Terms and Conditions for Professional Services ("Agreement" or
"Contract") is made and entered into as of the day of , 2026, by and
between the City of Logan, a Utah municipal corporation, hereinafter referred to as the "CITY", and
, hereinafter referred to as "CONTRACTOR".
2. CONTRACT DOCUMENTS: This Contract incorporates by reference Request for Proposal, which
includes the Insurance and Bond Requirements, dated , and the Proposal dated
.
3. AUTHORITY: This Contract is entered into and authorized by Logan Municipal Code 3.04, and related
statutes which permit the CITY to purchase certain specified services, and other approved purchases for the
CITY.
4. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this Contract
shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of
the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Logan,
in the First Judicial District Court for Cache County.
5. LAWS AND REGULATIONS: CONTRACTOR and any and all supplies, services, equipment, and
construction furnished under this Contract will comply fully with all applicable Federal, and State, and local
laws, codes, rules, regulations, and ordinances, including applicable licensure and certification requirements.
6. RECORDS ADMINISTRATION: The CONTRACTOR shall maintain, or supervise the maintenance
of, all records necessary to properly account for the payments made to the CONTRACTOR for costs
authorized by this Contract. These records shall be retained by the CONTRACTOR for at least four years after
the Contract terminates, or until all audits initiated within the four years, have been completed, whichever is
later. The CONTRACTOR agrees to allow State and Federal auditors, and CITY staff, access to all the records
to this Contract, for audit and inspection, and monitoring of services. Such access will be during normal
business hours, or by appointment.
7. TIME: The CONTRACTOR shall complete the scope of services work in a manner to achieve any
milestones identified in the procurement documents related to this Contract and the attachments to this
Contract. The full scope of services work shall be completed by any applicable deadline stated in the
solicitation.
8. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence and
CONTRACTOR shall be liable for all damages to the CITY and anyone for whom the CITY may be liable,
as a result of the failure to timely complete the scope of work required under this Contract.
8.1 PAYMENT:
8.1 Payments are normally made within 30 days following the date the order is delivered or the date a
correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the
appropriate CITY official, the CONTRACTOR may assess interest on overdue, undisputed account charges
up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed
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similarly as the requirements of Utah Code Annotated Section 15-6-3. The IRS interest rate is adjusted
quarterly, and is applied on a per annum basis, on the invoice amount that is overdue.
8.2 The Contract total may be changed only by written amendment executed by authorized personnel
of the parties. Unless otherwise stated in the Contract, all payments to the CONTRACTOR will be remitted
by mail or electronic funds transfer.
8.3 The acceptance by the CONTRACTOR of final payment without a written protest filed with the
CITY within ten (10) working days of receipt of final payment shall release the CITY from all claims and all
liability to the CONTRACTOR for fees and costs of the performance of the services pursuant to this Contract.
9. PROMPT PAYMENT DISCOUNT: CONTRACTOR may quote a prompt payment discount based
upon early payment; however, discounts offered for less than 30 days will not be considered in making the
award. CONTRACTOR shall list Payment Discount Terms on invoices. The date from which discount time
is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except
that if testing is performed, the date will be the date of acceptance of the merchandise.
10. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract
shall be in the form of a written amendment to this Contract, mutually agreed to and signed by duly authorized
representatives of both parties, specifying any such changes, fee adjustments, any adjustment in time of
performance, or any other significant factors arising from the changes in the scope of services.
11. DOCUMENT OWNERSHIP: CONTRACTOR agrees that any work/services and all Deliverables
prepared for the CITY, to the extent to which it is eligible under copyright law in any county, shall be deemed
a work made for hire, such that all right, title and interest in the work and Deliverables reside with the CITY.
To the extent any work or Deliverable is deemed not to be, for any reason whatsoever, work made for hire,
CONTRACTOR agrees to assign and hereby assigns all right, title, and interest, including but not limited to,
copyright, patent, trademark, and trade secret, to such work and Deliverables, and all extensions and renewals
thereof, to the CITY. CONTRACTOR further agrees to provide all assistance reasonably requested by CITY
in the establishment, preservation and enforcement of its rights in such work and deliverables, or subsequent
amendments or modifications to such work and deliverables, without any additional compensation to
CONTRACTOR. CONTRACTOR agrees to waive, and hereby, to the extent permissible, waives, all rights
relating to such work and deliverables, or subsequent amendments or modifications to such work and
deliverables, including without limitation any and all rights of identification of authorship and any and all
rights of approval, restriction or limitation on use.
12. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION
SYSTEM": The Status Verification System, also referred to as "E-verify," only applies to contracts issued
through a Request for Proposal process, and to sole sources that are included within a Request for Proposal.
It does not apply to Invitation to Bids nor to the Multi-Step Process.
12.1 Status Verification System
(1) CONTRACTOR certifies as to its own entity, under penalty of perjury, that the named
CONTRACTOR has registered and is participating in the Status Verification System to verify the work
eligibility status of the CONTRACTOR's new employees that are employed in the State of Utah in accordance
with applicable immigration laws including Utah Code Ann. Section 63G-12-302.
(2) The CONTRACTOR shall require that the following provision be placed in each subcontract at
every tier: "The subcontractor shall certify to the main (prime or general) contractor by affidavit that the
subcontractor has verified through the Status Verification System the employment status of each new
employee of the respective subcontractor, all in accordance with applicable immigration laws including Utah
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Code Ann. Section 63G-12-302 and to comply with all applicable employee status verification laws. Such
affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work."
(3) The CITY will not consider a proposal for award, nor will it make any award, where there has not
been compliance with this Section.
(4) Manually or electronically signing the Proposal is deemed the CONTRACTOR's certification of
compliance with all provisions of this employment status verification certification required by all applicable
status verification laws, including Utah Code Ann. Section 63G-12-302.
12.2 Indemnity Clause for Status Verification System
CONTRACTOR (includes, but is not limited to any CONTRACTOR) shall protect, indemnify and hold
harmless, the CITY and its officers, employees, agents, representatives and anyone that the CITY may be liable
for, against any claim, damages or liability arising out of or resulting from violations of the above Status
Verification System Section whether violated by employees, agents, or contractors of the following: (a)
CONTRACTOR; (b) CONTRACTOR's subcontractor or subconsultant at any tier; and/or (c) any entity or
person for whom the CONTRACTOR or Subcontractor may be liable.
13. CONFLICT OF INTEREST: CONTRACTOR represents that none of its officers or employees are
officers or employees of the CITY, unless disclosure has been made. CONTRACTOR also represents that it
has no conflict of interest in performing the services for the CITY under this Contract, unless such conflict of
interest has been disclosed to the CITY and approval to proceed, notwithstanding the conflict, has been
obtained from the CITY in writing.
14. CONTRACTOR AN INDEPENDENT CONTRACTOR: The CONTRACTOR shall be an
independent contractor, and as such, shall have no authorization, express or implied, to bind the CITY to any
agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent
for the CITY, except as herein expressly set forth. Compensation stated herein shall be the total amount
payable to the CONTRACTOR by the CITY. The CONTRACTOR shall be responsible for the payment of
all income tax and Social Security amounts due as a result of payments received from the CITY for these
contract services. Persons employed by the CITY and acting under the direction of the CITY shall not be
deemed to be employees or agents of the CONTRACTOR.
15. INDEMNITY CLAUSE: The CONTRACTOR agrees to indemnify, save harmless, and release the
CITY, and all its officers, agents, volunteers, and employees from and against any and all claims, loss,
damages, injury, liability, suits, and proceedings arising out of the performance of this Contract which are
caused in whole or in part by the wrongful acts or negligence of (a) the CONTRACTOR, (b) the
CONTRACTOR's officers, agents, volunteers, or employees, (c) the CONTRACTOR's subcontractors or
subconsultants at any tier, or (d) anyone for whom CONTRACTOR may be liable but not for claims arising
from the CITY's sole negligence. The parties agree that if there are any Limitations of the CONTRACTOR's
Liability, including a limitation of liability for anyone for whom the CONTRACTOR is responsible, such
Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.
16. EMPLOYMENT PRACTICES CLAUSE: The CONTRACTOR agrees to abide by the provisions of
Title VI and VII of the Civil Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any
employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion,
color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which
prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and
Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits
discrimination on the basis of disabilities. Also, the CONTRACTOR agrees to abide by Utah's Executive
Order, dated December 13, 2006, which prohibits sexual harassment in the workplace. CONTRACTOR also
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agrees to abide by any laws and policies of the CITY regarding any of the above-mentioned prohibitions in
this paragraph.
17. PERFORMANCE EVALUATION: The CITY may conduct a performance evaluation of the
CONTRACTOR's services, including specific personnel of the CONTRACTOR. References in the Contract
to CONTRACTOR shall include CONTRACTOR, CONTRACTOR's subcontractors, or subconsultants at
any tier, if any. Results of any evaluation will be made available to the CONTRACTOR.
18. WAIVERS: No waiver by the CITY or CONTRACTOR of any default shall constitute a waiver of the
same default at a later time or of a different default.
19. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal authority, that any
provision of this Contract is illegal and void shall not affect the legality and enforceability of any other
provision of this Contract, unless the provisions are mutually dependent.
20. RENEGOTIATION OR MODIFICATIONS: This Contract may be amended, modified, or
supplemented only by written amendment to this Contract, executed by authorized persons of the parties
hereto, and attached to the original signed copy of this Contract. Automatic renewals will not apply to this
Contract.
21. SUSPENSION/DEBARMENT: The CONTRACTOR certifies that neither it nor its principals, agents,
officers, employees, or representatives are presently or have ever been debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract), by
any governmental department or agency in the United States, including any federal, state or local agency. If
the CONTRACTOR cannot certify this statement, attach a written explanation for review by the CITY. The
CONTRACTOR must notify the Purchasing Agent within 30 days if suspended or debarred by any
governmental entity during the contract period.
22. TERMINATION:
22.1 Unless otherwise stated in the Additional Terms and Conditions of the CITY, if applicable, this
Contract may be terminated, with cause by either party, in advance of the specified termination date, upon
written notice being given by the other party. The party in violation will be given ten (10) working days after
notification to correct and cease the violations, after which this Contract may be terminated for cause. This
Contract may be terminated without cause, in advance of the specified expiration date,by either party, upon
sixty (60) days prior written notice being given to the other party. On termination of this Contract, all accounts
and payments will be processed according to the financial arrangements set forth herein for approved services
rendered to date of termination.
22.2 In the event of such termination, the CONTRACTOR shall be compensated for services properly
performed under this Contract up to the effective date of the notice of termination. The CONTRACTOR agrees
that in the event of such termination for cause or without cause, CONTRACTOR's sole remedy and monetary
recovery from the CITY is limited to full payment for all work properly performed as authorized under this
Contract up to the date of termination as well as any reasonable monies owed as a result of the CONTRACTOR
having to terminate contracts necessarily and appropriately entered into by the CONTRACTOR pursuant to
this Contract. CONTRACTOR further acknowledges that in the event of such termination, all work product,
which includes but is not limited to all manuals, forms, contracts, schedules, reports, and any and all
documents produced by CONTRACTOR under this Contract up to the date of termination are the property of
the CITY and shall be promptly delivered to the CITY.
23. INSURANCE:
23.1 To protect against liability, loss and/or expense in connection with the performance of services
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described under this Contract, the CONTRACTOR shall obtain and maintain in force during the entire period
of this Contract without interruption, at its own expense, insurance as listed below from insurance companies
authorized to do business in the State of Utah and with an A.M. Best rating as approved by the CITY Risk
Manager.
23.2 The following are minimum coverages that may be supplemented by additional requirements
contained in the solicitation for this Contract or provided in an Attachment to this Contract:
(1) Worker's Compensation Insurance and Employers' Liability Insurance. Worker's compensation
insurance shall cover full liability under the worker's compensation laws of the jurisdiction in which the
service is performed at the statutory limits required by said jurisdiction.
(2) Professional liability insurance in the amount as described in the solicitation for this Contract, if
applicable.
(3) Any other insurance described in the solicitation for this Contract, if applicable.
23.3 Any type of insurance or any increase of limits of liability not described in this Contract which
the CONTRACTOR requires for its own protection or on account of any statute, rule, or regulation shall be
its own responsibility, and shall be provided at CONTRACTOR's own expense.
23.4 The carrying of insurance required by this Contract shall not be interpreted as relieving the
CONTRACTOR of any other responsibility or liability under this Contract or any applicable law, statute, rule,
regulation, or order.
24. STANDARD OF CARE: The services of CONTRACTOR and its subcontractors and subconsultants at
any tier, if any, shall be performed in accordance with the standard of care exercised by licensed members of
their respective professions having substantial experience providing similar services which similarities include
the type, magnitude and complexity of the services that are the subject of this Contract. The CONTRACTOR
shall be liable to the CITY for claims, liabilities, additional burdens, penalties, damages or third-party claims
(i.e. another CONTRACTOR's claim against the CITY), to the extent caused by wrongful acts, errors or
omissions that do not meet this standard of care.
25. CITY REVIEWS, LIMITATIONS: The right of the CITY to perform plan checks, plan reviews, other
reviews and/or comment upon the services of the CONTRACTOR, as well as any approval by the CITY, shall
not be construed as relieving the Contractor from its professional and legal responsibility for services required
under this Contract. No review by the CITY or any entity/user, approval or acceptance, or payment for any of
the services required under this Contract shall be construed to operate as a waiver by the CITY of any right
under this Contract or of any cause of action arising out of the performance or nonperformance of this Contract,
and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all
damages to the CITY caused by the wrongful acts, errors and/or omissions of the CONTRACTOR or its
subcontractors or subconsultants at any tier, if any.
26. NONAPPROPRIATION OF FUNDS: The CONTRACTOR acknowledges that the CITY cannot
contract for the payment of funds not yet appropriated by the CITY Council. If the Council does not
appropriate funds for paying the CITY's obligations on this Contract, or if funding to the CITY is reduced due
to an order by the Mayor, or is required by State law, or if Federal funding (when applicable) is not provided,
the CITY may terminate this Contract or proportionately reduce the services and purchase obligations and the
amount due from the CITY upon 30 days' written notice to CONTRACTOR. If this Contract is terminated,
or services and purchase obligations are reduced due to nonappropriation of funds or reduction in funding, as
described in the preceding sentence, the CITY will pay CONTRACTOR for services properly performed, and
will reimburse CONTRACTOR for expenses incurred, as authorized under this Contract, through the date of
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