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Chapter XIII

Purchases - Contracts - Leases

Section 13.1.  Reserved.

       Editor's note-Section 13.1 which pertained to the purchase and sale of property and was amended by election on Sep. 24, 1974, July 29, 1980, and Nov. 5, 1985, of this Charter was repealed by an election on Nov. 7, 1989.

Section 13.2.  Emergency Purchases.

       In case of emergency affecting the public peace, health or safety, the Council may waive all provisions for competitive bidding and direct the Purchasing Agent to purchase necessary supplies in the open market at not more than commercial prices.

Section 13.3.  Contracts.

       (a)All contracts or leases to which the City was a party when this Charter became effective shall remain in full force and effect for the complete term of such contract or lease.

       (b)The authority to contract on behalf of the City is vested in the Council and shall be exercised in accordance with the provisions of this Charter.  Contracts may be made on behalf of the City by the City Manager in such amounts and for such purposes as City Council may, form time to time, prescribe by ordinance.  No contract shall be binding upon the City unless the contract is in writing and duly signed by the Mayor or other authorized City Officer.  (Amended 11-7-95)

       (c)Any contract or agreement in an amount exceeding a maximum amount as may be set from time to time by the Council by ordinance, and which is made in a form or with terms other than the standard City purchase order form, shall before execution be submitted to the City Attorney, who shall review the contract to determine its adequacy as to form and legality.

       (d)No contract or purchase order shall be subdivided for the purpose of circumventing the dollar value limitations contained in this section or in any ordinance enacted pursuant to this section.

       (e)No contract shall be amended after the same has been made except upon the authority of the Council, provided that the City Manager may amend contracts to the extent such authority has been delegated to him by City Council by ordinance.

       (f)No compensation shall be paid to any contractor except in accordance with the terms of the contract.

       (g)No contract shall be made with any person, firm or corporation in default to the City.

       (h)Before any contract, agreement or purchase order obligating the City to pay an amount exceeding a maximum amount as may be set from time to time by the Council by ordinance is executed, the Finance Director or the City Manager first shall have certified that an appropriation has been made for the payment thereof, or that sufficient funds will be available if it be for a purpose being financed by the issuance of bonds or by special assessments or for some other purpose not chargeable to a budget appropriation.

 In the case of a contract or agreement obligating the City for periodic payments in future fiscal years for the furnishing of a continuing service or the leasing of property, such certification need not cover those payments which will be due in future fiscal years; but this exception shall not apply to a contract for the purchase or construction of a public improvement unless such purchase or construction is being financed by an installment contract.  Certification by the Finance Director of the City or the City Manager shall be endorsed on each contract, agreement or purchase order requiring same or shall be filed as an attachment thereto.

       (i)  An individual agreement of employment shall not be deemed a contract requiring opinion by the Attorney or certification by the Finance Director of the City.

       (j)  In all purchases or contracts in excess of such maximum amount as may be set from time to time by Council by ordinance, (1) the purchase or contract shall be approved or ratified by the Council, (2) sealed bids shall be obtained, either by public notice or selective invitation to bidders as directed by the Council, except (a) where the council shall determine by unanimous resolution of those present at the meeting that the public interest will be best served by joint purchase or contract with, or purchase or contract from another unit of government, or (b) upon recommendation of the City Manager when the Council shall determine that the public interest will be best served by negotiated contract with a single bidder, and (3) no purchase or contract shall be divided for the purpose of circumventing the dollar value limitation contained in this section.

       (k)Whenever comparative prices have been obtained by public bidding, purchases shall be awarded to the lowest competent bidder meeting specifications, unless City Council after reviewing the bids received determines that the public interest will be better served by accepting a higher bid.  Council shall have the right to reject all bids.  Sales of City Property shall be made to the bidder whose bid is most advantageous to the City.

       (l)  All purchases by the City shall be evidenced by written contract, invoice or purchase order.  Detailed procedures concerning the making of contracts, the purchase of real and personal property, bidding requirements and the lease, sale or disposal of City Property shall be established by City Council by ordinance.

       (m)            The purchase and sale of all City Property shall be subject to the provisions of Section 5.12.  (As amended 11-1-83, 11-7-89)

Section 13.4.  Powers to Lease Property.

       The Council may lease any real estate, together with all facilities thereon, or any other property owned by the City when deemed by {the} Council to be in the best interest of the City.  Any such lease shall be in writing and shall be approved and ratified by ordinance.  No such ordinance shall be enacted unless the party leasing the property has filed with the Clerk an unconditional acceptance of all terms of such lease agreement.  (As amended 9-24-74, 11-1-83)