Loading...
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 .......... - 2 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 - 3 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