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Ordinance Amending Chapter 3.20, Section 3.20.105 of the Bakersfield Municipal Code Relating to Purchasing and Contract procedures.
ORDINANCE NO. ___________
ORDINANCE AMENDING CHAPTER 3.20, SECTION 3.20.105
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
PURCHASING AND CONTRACT PROCEDURES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 3.20, Section 3.20.105 of the Bakersfield Municipal Code is hereby amended to read as follows:
3.20.105 Contract procedures.
A. Amounts of Twenty-Five Thousand Dollars or Less. All contracts involving the purchase of services under which the city is obligated to pay twenty -five thousand dollars or less shall be set forth in writing, approved as to form by the city attorney, signed by a city department head and the finance director, and filed with the city clerk.
B. Contracts of More than Twenty -Five Thousand Dollars and Less than One Hundred Thousand Dollars and One Cent. All contracts involving the purchase of services under which the city is obligated to pay more than ten twenty-five thousand dollars and less than one hundred thousand dollars and one cent shall be set forth in writing, approved as to form by the city attorney, signed by the mayor, a city department head, the city attorney, the finance director, and filed with the city clerk.
C. Amounts Over One Hundred Thousand Dollars. With the exception of contracts under the city’s single -family residential rehabilitation program which are funded with federal funds, which do not exceed the city council -adopted maximum amount s, all contracts under which the city is obligated to pay more than one hundred thousand dollars, whether or not such amounts will be paid or reimbursed by a third party, shall be authorized only by the city council. Such contracts shall also require the signatures set forth in subsection B of this section.
D. Amendment to Contracts. Any amendment or modification of any contracts subject to the provisions of this section shall be set forth in writing and signed as required by the applicable subsection of this section. Contracts requiring city council authorization, except for public works contracts, may only be amended by city council action. Except for public works contracts, amendments cumulatively exceeding the amounts set forth in subsection B of this section shall be authorized only by the city council.
E. Public Works Contract Amendment. Each amendment to a public works contract (change order) exceeding an amount of ten twenty-five thousand dollars or which, together with all other previously approved change orders for that contract, exceeds twenty-five percent
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Ordinance Amending Chapter 3.20, Section 3.20.105 of the Bakersfield Municipal Code Relating to Purchasing and Contract procedures.
of the original contract amount, must be authorized by the city council and shall require the signatures specified in subsection B of this section, regardless of whether the city’s obligation under the original contract was for forty one hundred thousand dollars or more. Other change orders shall not require city council approval, but shall require the signatures specified in subsection B of this section.
F. Representation Must Be in Writing. The city of Bakersfield shall not be bound by any representation of any officer, employee or agent of the city which would serve to create or amend a contract unless and until such representation has been set forth in writing and approved and signed as set forth in this section.
G. Notwithstanding subsection C of this section, contracts for the purchase of concrete, fuel and asphalt less than one hundred and fifty thousand dollars and one cent shall not require city council authorization. (Ord. 5186 § 3, 2024; Ord. 4285 § 1, 2005; Or d. 4057 § 1, 2002; Ord. 3863 §§ 3—7, 1998; Ord. 3750 § 1, 1997; Ord. 3705 § 1, 1996; Ord. 3278 § 1, 1990)
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: __________________________________________________________________ ABSTAIN: COUNCILMEMBER: ___________________________________________________________________ ABSENT: COUNCILMEMBER: ____________________________________________________________________
______________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED:
By:______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ______________________________
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Ordinance Amending Chapter 3.20, Section 3.20.105 of the Bakersfield Municipal Code Relating to Purchasing and Contract procedures.
ASHLEY ZAMBRANO
Deputy City Attorney II
AEZ/blf S:\COUNCIL\Ords\25-26\3.20.105Contract Procedures.Rdl.docx