Milpitas Municipal Code Ch. 4 Contract Authority

The term "Contract," for the purpose of this Chapter, means the following:

a. Agreements for the construction of public works projects that adhere to dollar value and all other requirements provided by Section I-2-3.20 (Public Works Contract Purchasing Procedures) of the Municipal Code;

b. Agreements for the lease or purchase of supplies, materials and equipment;

c. Leases, licenses and other agreements for the use of real property;

d. Agreements for professional services;

e. Agreements for personal services, including agreements with independent contractors and employees;

f. Agreements relating to the grant of funds by the City and to the City; and

g. Temporary construction easements not exceeding one year.

(Ord. No. 289.1, § 2, 11/7/17; Ord. No. 289, § 2, 6/2/15)

The term "Contract," for the purpose of this Chapter, except as provided in Section I-4-2.02, shall not include:

a. Unless specifically authorized under Section I-4-2.02, agreements for the transfer of title to or substantial permanent interest in real property, including:

1. Grant deeds;

2. Quit claim deeds; and

3. Easements.

b. Agreements for the acceptance or donation of personal property, real property, or otherwise, to or by the City.

(Ord. No. 289, § 2, 6/2/15)

The term "total cumulative monetary value of" means the contract obligations, including all amendments, involving the transfer to or from the City of money, goods, other value, or tangible or intangible personal property or an interest in real property having a dollar value in the amount stated.

(Ord. No. 289, § 2, 6/2/15)

The City Manager is authorized to enter into and execute for and on behalf of the City of Milpitas, without the prior approval of the City Council, any Contract, for which:

a. Funds have been appropriated, if funding is needed; and

b. There is an unexpended and unencumbered balance of such appropriation sufficient to pay the contract expense, if there is an expense associated with the contract;

c. The total cumulative monetary value of the contract, including amendments, does not exceed $100,000.00, or is a zero dollar contract; and

d. The City Attorney and Risk Manager/Finance Director have signed off and approved.

The contract authority of the City Manager in this Section does not include the authority to execute any contracts within the authority of the City Attorney.

(Ord. No. 301, § 5, 8/20/19; Ord. No. 289.2, § 2, 5/15/18; Ord. No. 289.1, § 2, 11/7/17; Ord. No. 289, § 2, 6/2/15)

In addition, the City Manager is authorized to execute for and on behalf of the City of Milpitas a certificate of acceptance of an instrument conveying to the City any interest in real property, where such conveyance is:

a. Of real property, or an interest therein, to be used for a public purpose; and

b. Required as a condition of:

1. A parcel map or tentative subdivision map approved pursuant to Chapter 1 of Title XI of the Municipal Code; or

2. A development permit approved pursuant to Chapter 10 of Title XI of the Municipal Code; and

c. The real property has been determined to present no significant toxics liability.

(Ord. No. 289, § 2, 6/2/15)

The City Manager is authorized to enter into and execute for and on behalf of the City of Milpitas, without the prior approval of the City Council, any amendment or change order to a Contract that was executed pursuant to their respective authority under this Chapter within the following guidelines:

a. To extend the term of the Contract for a period not to exceed twelve (12) consecutive months from the last Council-approved expiration date;

b. To make minor revisions to the scope of services or schedule; or

c. To make clerical corrections.

(Ord. No. 309, § 3, 1/19/21; Ord. No. 289, § 2, 6/2/15)

In addition, the City Manager is 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.

(Ord. No. 289, § 2, 6/2/15)

This Chapter shall not authorize any City officer or official to enter into and execute any Contract which such officer or official is otherwise prohibited from entering into and executing under the provisions of the Municipal Code, or any other applicable law, or by any resolution or action of the City Council; or which may expose the City to an extraordinary risk which the City Council has not authorized.

(Ord. No. 289, § 2, 6/2/15)

The contract authority under this Chapter is in addition to the contract authority set forth in Chapter 2 of Title I of the Municipal Code.

(Ord. No. 289, § 2, 6/2/15)

On no less than a monthly basis, the City Manager shall provide to the Finance Sub-Committee a report displaying all contracts approved by the City Manager for the prior month under Chapter 4 of Title I of the Milpitas Municipal Code. The Finance Sub-Committee shall review these contracts and have discretion to recommend contracts of its choosing for further review and inquiry by the full City Council at the next available City Council meeting.

(Ord. No. 289.1, § 2, 11/7/17)

Contracts approved by the City Manager shall be considered fully executed. However, once contracts are sent from the Finance Sub-Committee to the full City Council for further review and inquiry, contracts may terminated by the City Council if the contract in question:

a. Violates federal, state, or local statutes or code; or

b. Presents a conflict of interest for City staff requesting contract and/or City Manager approving contract; or

c. Engages a vendor that has previously been found guilty of violating federal, state, or local statutes or codes as it relates to public or private sector procurement.

(Ord. No. 289.1, § 2, 11/7/17)