Approval of an Ordinance amending Chapter 4.04 of
Title 4 of the San José Municipal Code by adding a new section 4.04.055 to
authorize the City Manager, City Attorney, City Auditor and City Clerk to
approve minor amendments to contracts previously approved by the City Council
which involve no increase in compensation: to extend the term up to 6
consecutive months, to make minor revisions to scopes of services and to make
clerical corrections; and to approve assignments of contracts.
On May 15, 2001 the City Council approved an ordinance implementing recent charter changes for public works construction contracts and purchase of supplies, materials and equipment and streamlining City contracting procedures. The code section authorizing Council Appointees to make minor amendments was inadvertently omitted from the ordinance which was adopted. Therefore it is recommended that the City Council now approve an ordinance to add a provision to the San José Municipal Code to authorize Council Appointees to enter into the following types of minor amendments where there is no increase in the maximum compensation:
1. to extend the term for a period not to
exceed six months from the last City Council approved termination date;
2. to make minor revisions to the scope of
services;
3. to make clerical corrections.
In addition, the
amendment will grant the authority to approve assignments of contracts in
instances where the Council Appointee has determined the proposed assignee is
at least as responsible and capable as the original contractor.
Not applicable
Richard
Doyle
City Attorney
By: Brian Doyle
Senior Deputy
City Attorney
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF SAN
José amending CHAPTER 4.04 OF TITLE 4 of THE SAN José MUNICIPAL CODE BY ADDING
A NEW SECTION 4.04.055 to authorize THE CITY MANAGER, CITY ATTORNEY,
CITY CLERK AND CITY AUDITOR TO APPROVE MINOR AMENDMENTS TO CONTRACTS WHICH
INVOLVE NO INCREASE IN COMPENSATION: TO EXTEND THE TERM UP TO 6 CONSECUTIVE
MONTHS, TO MAKE MINOR REVISIONS TO SCOPES OF SERVICES AND TO MAKE CLERICAL
CORRECTIONS; AND TO APPROVE ASSIGNMENTS
OF CONTRACTS
WHEREAS, on May 15, 2001 the City Council approved Ordinance No. 26386, implementing recent charter changes for public works construction contracts and purchase of supplies, materials and equipment and streamlining City contracting procedures; and
WHEREAS, the code section authorizing Council Appointees to make minor amendments was inadvertently omitted from the Ordinance which was adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSÉ:
Chapter 4.04 of Title 4 of the San Jose Municipal Code is hereby amended by adding a new section to be numbered and entitled and to read as follows:
4.04.055 Contract Amendment Authority of Council Appointees
A. The City Manager, the City Attorney, City Clerk and City Auditor are authorized to enter into and execute for and on behalf of the City of San Jose, without the prior approval of the City Council, any amendment to a contract which does not increase the compensation for the contract to accomplish the following:
1. To extend the term of the contract for a period not to exceed six (6) consecutive months from the last City Council approved termination date; or
2. To make minor revisions to the scope of services; or
3. To make clerical corrections.
B.
In addition, the City
Manager, the City Attorney, City Clerk and City Auditor are authorized to
approve assignments to contracts previously approved by the City Council when
he or she has determined that the proposed assignee is at least as responsible
and capable of performing the agreement as the original contractor.
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PASSED FOR PUBLICATION OF TITLE this_____day of___________,
2001 by the following vote: |
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AYES: |
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NOES: |
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ABSENT: |
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DISQUALIFIED: |
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RON GONZALES Mayor |
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ATTEST: |
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PATRICIA L. O’ HEARN |
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City Clerk |
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