Chapter 2.78
CONTRACT APPROVAL AUTHORIZATION

Sections:

2.78.010    Contract approval extended to mayor or city administrator.

2.78.020    City attorney review.

2.78.030    Contract or purchase breakdown prohibited.

2.78.040    Prior approval by city council.

2.78.050    Approval of interlocal agreements.

2.78.060    Definitions.

2.78.010 Contract approval extended to mayor or city administrator.

The city council authorizes the mayor or the city administrator, with the mayor’s approval, to enter into and execute on behalf of the city the following contracts without individual approval of each contract by the city council, so long as the contract is consistent with the approved annual budget for the city, and the city’s liability under the contract does not exceed available fund balances:

(1) Contracts for purchase of goods, supplies, materials, or equipment involving a cost or fee (excluding sales tax) of less than ten thousand dollars.

(2) Professional service contracts, including contracts for architectural, engineering, legal, and consulting services involving a cost or fee (excluding sales tax) of less than ten thousand dollars.

(3) Maintenance contracts involving a cost or fee (excluding sales tax) of less than ten thousand dollars per year.

(4) Public works projects involving a cost or fee of less than thirty-five thousand dollars involving multiple trades, and twenty thousand dollars involving a single trade.

(5) Settlement agreements involving a cost or fee of less than one thousand dollars, and retention of legal counsel and expert consultants, involving risk management claims or suits.

(6) Other routine agreement where no expenditure is involved, or the cost, expenditure, or fee (excluding sales tax) does not exceed ten thousand dollars.

(7) Lease agreements for materials, supplies, and equipment where the expenditure or fee does not exceed ten thousand dollars per year.

(8) Sale of unneeded surplus personal property with an estimated cumulative value of ten thousand dollars or less, which has been certified for disposition, such sale or disposition to be made by the administration in accordance with informal procedures and in the best interest of the city, except property relating to city utilities.

(9) Contracts which carry out or implement a provision of the Connell Municipal Code or established city policy, e.g., maintenance or performance bonds for plat improvements.

(10) Emergency contracts. “Emergency” means a set of unforeseen circumstances that either:

(a) Presents a real, immediate threat to the proper performance of essential functions; or

(b) May result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken; or

(c) For public works projects, may result in a substantial loss to the city if the contract is not immediately entered into. (Ord. 870 § 1 (part), 2010).

2.78.020 City attorney review.

All contracts presented for signature by the mayor or city administrator shall be reviewed by the city attorney as to form and legality. (Ord. 870 § 1 (part), 2010).

2.78.030 Contract or purchase breakdown prohibited.

The breaking down of any purchase or contract into units or phases for the purpose of avoiding the maximum dollar amount is prohibited. The amount of a contract includes all amendments; provided, amendments that do not exceed in total ten percent of the contract amount may be entered into without prior city council approval. (Ord. 870 § 1 (part), 2010).

2.78.040 Prior approval by city council.

The mayor or city administrator in their discretion may present any contract to the city council for prior approval, even if the contract is allowed to be approved without prior city council approval. (Ord. 870 § 1 (part), 2010).

2.78.050 Approval of interlocal agreements.

All interlocal agreements shall be presented to the city council for prior approval. (Ord. 870 § 1 (part), 2010).

2.78.060 Definitions.

“Contract” means any agreement creating a legal relationship between the city and another person or entity, or any amendment thereto. (Ord. 870 § 1 (part), 2010).