HomeMy WebLinkAboutORD NO 3705ONDINAKCE NO. $ 0 5
k~ OEDINA~CE E~ENDING SECTION 3.20.105 OF
THE BAKERSFIELD MUNICIPAL CODE I~LATING
TO CONTRACT PROCEDURES NOT INVOLVING THE
PURCHASE OF ~0ODS.
BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION
Section 3.20.105 of the Bakersfield Municipal Code is hereby
amended to read as follows:
3.20.105 Contract procedure - Contracts not involving the purchase
of goods.
A. Amounts under ten thousand dollars. All contracts not
involving the purchase of goods under which the city is obligated
to pay under ten thousand dollars shall be set forth in writing
approved as to form by the city attorney, signed by a city
department head, and the finance director, and filed with the city
clerk.
B. Amounts between ten thousand and twenty thousand dollars.
All contracts not involving the purchase of goods under which the
city is obligated to pay between ten thousand and twenty thousand
dollars shall be set forth in writing approved as to form by the
city attorney, signed by the mayor, a city department head, the
city attorney, the finance director, and filed with the city clerk.
C. Amounts over twenty thousand dollars. All contracts
under which the City is obligated to pay twenty thousand dollars or
more, whether or not such amounts will be paid or reimbursed by a
third party, shall be authorized only by the city council. Such
contracts shall also require the signatures set forth in subsection
B. of this section.
D. Amendment to contracts. Any amendment or modification of
any contract subject to the provisions of this section shall be set
forth in writing and signed as required by subsection B. of this
section. Contracts requiring city council authorization, except
for public works contracts, may not be amended except by council
action. Amendments cumulatively exceeding twenty-five percent of
the original amount shall be authorized only by the city council.
E. Public works contract amendment. Each amendment to a
public works contract (change order) exceeding an amount of ten
thousand dollars or which, together with all other previously
approved change orders for that contract, exceeds twenty-five
percent of the original contract amount, must be authorized by the
city council and shall require the signatures specified in
subsection B. of this section, regardless of whether the city's
obligation under the original contract was for twenty thousand
dollars or more. Other change orders shall not require city
council approval, but shall require the signatures specified in
subsection B. of this section.
F. Representation must be in writing. The City of Bakers-
field shall not be bound by any representation of any officer,
employee or agent of the city which would serve to create or amend
a contract unless and until such representation has been set forth
in writing and approved and signed as set forth in this section.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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OF~IGiNAI
T HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City_~Qf Bakersfield at a regular
meeting thereof held on F[8 2 ! 1~ , by the following vote:
NOES: COUNCU~E~e~
ABSTAIN: COUNCILMEI~ER
Assistant CITY CLERK and Ex OffiCio Clerk of the
Council of the City o~ Bakersfield
APPROVED
BOB P
MAYOR ~f the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
Assistant City Attorney
City of Bakersfield
ADD/meg
MEG: ORD95-2 \CONTRACT. ORD
--January 12, 1996
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AGREEMENT NO.
SERVICES AGREEMENT
by
THIS AGREEMENT is made and entered into on
and between the CITY OF BAKERSFIELD, referred to
, referred to as "PROVIDER."
CITY AND PROVIDER MUTUALLY AGREE AS FOLLOWS:
as "CITY," and
SCOPE OF WORK. The scope of work is described as:
The scope of work includes all goods and actions necessary to complete
the task PROVIDER has been hired to perform, whether specifically
included in the scope of work or not.
2. COMPENSATION. PROVIDER shall be paid for services performed
under this Agreement as follows: One lump sum payment of $
This compensation shall be the total compensation for services,
including out-of-pocket costs. CITY shall pay no other compensation to
PROVIDER.
3. PAYMENT PROCEDURE. PROVIDER shall be paid for completed
services after receipt of an itemized invoice approved by CITY. Payment
shall be made within 30 days after approval of said invoice.
4. INS%R~%NCE. PROVIDER shall procure and maintain, at a minimum,
CGL insurance as required by the department head ordering PROVIDER's
services but not less than $50,000.00.
5. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the services of PROVIDER as an independent contractor.
6. INDEMNITY. PROVIDER shall indemnify, defend and hold harmless
CITY, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or
any of them, before administrative or judicial tribunals of any kind
whatsoever, arising out of, connected with or caused by PROVIDER or
PROVIDER's employees, agents or independent contractors or companies in
the performance of, or in any way arising from, the terms and provisions
of this Agreement whether or not caused in part by the party indemnified
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above-written.
CITY OF BAKERSFIELD ("CITY")
("PROVIDER")
APPROVED AS TO CONTENT:
By:
By:
Dept.:
DEPARTMENT HEAD
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
NAME OF COMPANY (if any)
(Address)
(Phone Number)
(Facsimile Number)
Conlractor's License Number
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) sso
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 1st day of March, 1996 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3705, passed by the
Bakersfield City Council at a meeting held on the 21st day of
February, 1996, and entitled:
AM ORDINANCE AMENDING SECTION 3.20.105 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
CONTRACT PROCEDURES NOT INVOLVING THE PURCHASE
OF GOODS
By:
/s/ CAROL WILLIAMS
City Clerk of theCity of Bakersfield