Chapter 2.80
CITY CONTRACTS
Sections:
2.80.010 Execution authority—Limitations.
2.80.020 Involving real property—Execution.
2.80.030 City council authorization—Provisions.
2.80.040 Recordkeeping.
2.80.050 Minor contracts—Execution authority.
2.80.055 Change orders—Authority and limitations.
2.80.060 Compliance with chapter.
2.80.070 Eminent domain.
2.80.010 Execution authority—Limitations.
A. Except as provided herein, all contracts to which the city is a party shall be authorized by the city council and shall be in writing and executed in the name of the city by the mayor or the city manager. In the absence of the city manager or mayor, the city council may authorize the acting manager or deputy mayor to execute contracts. Such documents shall be attested by the city clerk and approved as to form by the city attorney.
B. No contracts to which the city is obligated shall be executed in the name of a department of the city. (Ord. 3234 § 1, 1994; Ord. 3137 § 1, 1990)
2.80.020 Involving real property—Execution.
All documents by which the city conveys an interest in real property must be authorized by ordinance and shall be executed on behalf of the city by the mayor, or in his/her absence, the deputy mayor, provided, that if the interest conveyed is a license or easement for the use of city property and such use does not substantially alter the primary use of the property available to the city, it may be authorized as provided in Section 2.28.030 of this chapter. The grant of real property or an interest in real property to the city may be accepted by motion of the city council duly carried. (Ord. 3234 § 2, 1994; Ord. 3137 § 2, 1990)
2.80.030 City council authorization—Provisions.
Except for conveyance of an interest in real property, authorization by the city council shall be in the form of a motion duly carried. When the city council by motion or otherwise awards a contract after a call for bids or acceptance of a proposal, such award shall be deemed an authorization for the city manager to execute the contract even if the motion did not specifically so provide. (Ord. 3234 § 3, 1994; Ord. 3137 § 3, 1990)
2.80.040 Recordkeeping.
The city clerk shall retain signed originals of all contracts and real property conveyances to which the city is a party. (Ord. 3234 § 4, 1994; Ord. 3137 § 4, 1990)
2.80.050 Minor contracts—Execution authority.
A. The city council hereby authorizes the city manager to execute minor personal service, purchasing, public works and other routine contracts without individual approval of each contract by the city council. The city manager may seek council authorization to execute any such contract should it be deemed appropriate. In exercising this authority, the city manager shall have discretion to interchange line item appropriations, so long as the total budgeted funds are not exceeded.
B. For the purposes of this section, a “minor contract” is defined to mean a contract having a dollar amount of twenty thousand dollars or less. (Ord. 3428 § 1, 1999; Ord. 3234 § 5, 1994; Ord. 3137 § 5, 1990)
2.80.055 Change orders—Authority and limitations
In the event it becomes reasonably necessary to make alterations and changes to the scope of work of a contract for the proper completion of the work such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change, adjustments of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the city council or by the city manager as set forth below:
A. The city manager may approve change orders, which when accumulated with prior change orders approved by the city manager, total an amount equal to or less than twenty thousand dollars plus ten percent of the initial contract price over one hundred thousand dollars, up to a maximum of two hundred thousand dollars.
B. Change orders which individually or when accumulated with prior change orders approved by the city manager, exceed the above criteria, require city council approval. The dollar amounts of change orders approved by the city council, plus the dollar amounts of any change orders which predate such city council action, shall not be counted in computing the accumulated change order amount subject to the limit set forth above for the city manager to approve change orders hereunder.
C. After issuing any change order, the city manager shall report such action to the city council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practical. (Ord. 3428 § 2, 1999)
2.80.060 Compliance with chapter.
Nothing herein contained shall prevent the city manager from authorizing department heads and other subordinates to sign routine purchase orders for services and/or materials clearly appropriated in the budget: provided, the city manager shall remain accountable therefor. (Ord. 3234 § 6, 1994; Ord. 3137 § 6, 1990)
2.80.070 Eminent domain.
Notwithstanding anything in this chapter to the contrary, the council may authorize by motion the acquisition of rights-of-way or other interests in land using such procedures as are deemed expedient and will result in favorable conditions for the city.
A. The council may, by motion, contract with other agencies, public and/or private, to perform all or any part of the acquisition process, including but not limited to appraisal, acquisition, relocation, property management services, and condemnation.
B. The city manager and/or his designee(s) shall have the authority to negotiate and execute any and all documents, agreements, and undertakings on behalf of the city in furtherance of the intent of this section within cost limits as may be preauthorized by the city. (Ord. 3370 § 1, 1997)