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.
2.80.035 Authority to execute contracts.
2.80.055 Change orders—Authority and limitations.
2.80.060 Compliance with chapter.
2.80.010 Execution authority—Limitations.
A. All contracts to which the city is a party shall be authorized by the city council, or by such staff as are authorized by the council by the most current version of the city’s adopted procurement policies and procedures. All contracts shall be in writing and executed in the name of the city by the city manager or his or her designee. In the absence of the city manager, the city council may authorize the acting manager, mayor, 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. 3940 § 1, 2019; 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 the city council and shall be executed on behalf of the city by the city manager or his or her designee. 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. 3940 § 1, 2019; Ord. 3234 § 2, 1994; Ord. 3137 § 2, 1990)
2.80.030 City council authorization—Provisions.
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. 3940 § 1, 2019; Ord. 3234 § 3, 1994; Ord. 3137 § 3, 1990)
2.80.035 Authority to execute contracts.
All contracts for public works, and for the purchase of supplies, materials, equipment or services required by this chapter shall be executed in accordance with the most current version of the city’s adopted procurement policies and procedures resolution. 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. (Ord. 3940 § 1, 2019; Ord. 3806 § 1, 2013)
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. 3940 § 1, 2019; Ord. 3234 § 4, 1994; Ord. 3137 § 4, 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 change orders shall be administered in accordance with the most current version of the city’s adopted procurement policies and procedures resolution. (Ord. 3940 § 1, 2019; Ord. 3806 § 2, 2013; Ord. 3708 § 1, 2009; 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. 3940 § 1, 2019; 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. 3940 § 1, 2019; Ord. 3370 § 1, 1997)