Chapter 2.14
EXECUTION OF CONTRACTS AND OTHER LEGAL DOCUMENTS

Sections:

2.14.010    Purpose.

2.14.020    Council approval.

2.14.030    Mayor approval.

2.14.040    Execution of documents – Delegation authorized.

2.14.050    Minor purchases – Supplies.

2.14.060    Public works – Change order authority.

2.14.070    Rules and regulations for contracting.

2.14.080    Responsibility of finance department.

2.14.010 Purpose.

The following provisions and procedures establish a uniform practice for the approval and execution of city of Tumwater contracts, ensure city council review of important and legally required contracts and other legal instruments, provide for efficient, streamlined preparation and execution of contracts not requiring council review, while also ensuring accountability by designating the individuals authorized to execute contracts on the city’s behalf.

This chapter does not create any enforceable rights or causes of action in third parties.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.020 Council approval.

The following documents and instruments shall be presented to the city council for approval prior to execution by the mayor or city administrator:

A.    Interlocal agreements. All contracts, agreements, memoranda of understanding, or other documents between the city of Tumwater and any other governmental agency.

B.    Instruments conveying real property. Any contract, agreement, lease, easement, bill of sale, or other instrument pertaining to the city’s disposition, conveyance or acquisition of real property, except to the extent these documents pertain to the acquisition of real property for purposes of an approved public works project in which case they shall not require council approval.

C.    Any contract, agreement, or other document with a cost of more than $100,000.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.030 Mayor approval.

The mayor, or the mayor’s designee, is authorized to approve and execute on behalf of the city of Tumwater any contract, agreement, document or instrument not otherwise subject to TMC 2.14.020.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.040 Execution of documents – Delegation authorized.

The mayor is authorized, but not required, to delegate to a department director, or the director’s designee, the authority to approve and execute on behalf of the city of Tumwater any contract, agreement, document or instrument which does not exceed $50,000 and is not otherwise subject to TMC 2.14.020.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.050 Minor purchases – Supplies.

A department director, or his or her designee, acting within the department budget, is authorized to approve and execute documents for purchases of routine office and operating supplies.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.060 Public works – Change order authority.

The director of public works or the department director of the project department is authorized to approve any contract change order, provided the total construction costs with the change order do not exceed the contract bid amount by more than ten percent. Total construction costs are the construction costs to date plus the anticipated construction costs (including deducts from savings or additions from quantity increases) plus the proposed change order.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.070 Rules and regulations for contracting.

The city administrator is authorized to establish written rules and regulations for the acquisition of public works and the procurement of goods, services, and materials by the city. Such rules and regulations shall be governed by sound management practices designed to secure the best quality at a fair price. The city administrator is authorized to revise the rules and regulations from time to time as circumstances change or as the city administrator may, in his or her discretion, deem appropriate.

The exercise of the powers, duties and procedures related to contracting by the city shall comply with the Revised Code of Washington, Washington Administrative Code and all other applicable local, state and federal laws and regulations.

(Ord. O2009-006, Amended, 06/02/2009; Ord. O96-043, Added, 12/03/1996)

2.14.080 Responsibility of finance department.

It shall be the responsibility of the finance department to retain signed originals of all contracts, agreements, documents, and instruments to which the city is a party. The failure to retain any such document shall not invalidate or excuse performance of any obligations contained therein.

(Ord. O2009-006, Added, 06/02/2009)