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HomeMy WebLinkAbout06/21/1989 (2) VICE MAYOR'REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: June 21, 1989 REFERRED TO: BUDGET AND FINANCE - JOHN W. STINSON ITEM: (Proposed) An Ordinance of the Council of the City of Bakersfield adding Section 3.20.105 to the Bakersfield Municipal Code Relating to Formal Contract Procedure for Contracts Not Involving the Purchase of Goods. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee on Committee Report No. Sent to Council on Public Hearing on Ordinance Adopted (date) Proposed Ordinance Canceled (date) Other cc: Carol Williams Mary Ellen Gonzales REFER.18 JP M O R A N D U M June 19, 1989 To: Vice Mayor Pat Smith From: City Attorney ~/~ Arthur J. Saalfield/~'-'~.----~ Subject: REFERRAL OF PROPOSED ~DINANCE RE FORMAL CONTRACT PROCEDURES FOR CONTRACTS NOT INVOLVING THE PURCHASE OF GOODS. Please refer the following proposed ordinance to whiChever com- mittee you deem appropriate: 1. FORMAL CONTRACT PROCEDURE. Background: This-~rdinance covers matters'not ~now addressed by the Municipal Code and formally establishes, rules as to execution of contracts (other than those for the purchase of goods). AJS/meg 4:M.SMITH9 Attachment cc: J. Dale Hawley Trudy Thornton Greg Klimko DRAFT ORDINANCE NO. , NEW SERIES AN ORDINANCE'OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTION 3.20.105 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO FORMAL CONTRACT PROCEDURE FOR CONTRACTS NOT INVOLVING THE PURCHASE OF GOODS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section] 3.20.105 is hereby added to the Bakersfield Municipal Code to read as follows: 3.20.105 Formal contract procedure - Contracts not involving the purchase of goods. A. All contracts not involving the purchase of goods shall be set forth in writing approved as to form by the City Attorney, signed by the Mayor, a City department head, the Finance Director and fi~ed with the City Clerk. Sections 3.20.090 and 3.20.100 of this Chapter shall not apply to contracts under this section. B. All such contracts under which the City is obligated to pay $20,000.00 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 signa- tures set forth in subsection A. of this section. C. Amendments. 1. No contract subject to the provisions of this section may be amended or otherwise modified unless the terms of sgch amendment are set forth in writing and signed by all of the original signators. No contract requiring City Council authoriza- tion may be amended except by council action. 2. Each public works contract to be amended by change order in an amount of $10,000.00 or less shall reguire the signatures set forth in subsection A. of this section, regardless of whether the City's obligation under the original contract was for $20,000100 or more. Each change order for more than $5,000.00 shall be approved only by the City Council unless the cumulative obligation remains less than $20,000.00. D. The City of Bakersfield shall not be bound by any represe~]tation of any employee or 'agent of the City which would, serve to create or amend a contract unless and until such repre- sentation 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 City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .... o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Cou,]cil of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk o.~ the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg O ORD 4 CONTRACT. 1 6/19/89