063 of 1997 - Text Amendment Relating to City Contracts0 97-1
0 97-26
SALT LAKE CITY ORDINANCE
No. 63 of 1997
(City Contracts)
AN ORDINANCE REPEALING CHAPTER 3.24. AND CHAPTER 3.28, AND
ENACTING CHAPTER 3.25, SALT LAKE CITY CODE, RELATING TO CITY
CONTRACTS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 3.24 and Chapter 3.28, Salt Lake City Code, be,
and the same hereby are, repealed.
SECTION 2. That Chapter 3.25, Salt Lake City Code, be, and the same
hereby is, enacted to read as follows:
Chapter 3.25. CITY CONTRACTS
3.25.010. Contract procedures.
3.25.020. Insurance and securities.
3.25.030. Bid, performance and payment bonds.
3.25.010 Contract procedures.
A. No liability against the city shall or may be created and no expenditure
of public funds may be made which is not for a public purpose.
B. No contract may become valid or is binding against the city until:
1. The contract has been reduced to writing;
2. The terms of the contract are approved by the department
director or other employee responsible for negotiating the contract;
3. Funds are certified as available under a lawful city budget;
4. The city has complied with any federal contract or grant
assurance conditions that are a prerequisite to forming a contract;
5. The documents are approved as to form by the city attorney;
6. The contract has been executed by:
a. The chairperson of the city council or designee for
contracts made within the scope of the city council's legislative authority; or
b. The mayor or the mayor's designee authorized to sign for
contracts in a prior written executive order, except those city council contracts
described in subparagraph a; and
7. The signature has been attested by the city recorder.
C. Notwithstanding the requirements of this section 3.25.010, a city
purchase order shall become valid and binding against the city when executed by
an authorized city official on the city's form, and when not in conflict with any
federal, state or local law, including any procurement requirements as set forth in
title 3, chapter 24.
3.25.020 Insurance and securities.
A. When directed by the mayor, city council or city attorney, or any of
their designees, or when required by state statute or city ordinance, evidence of
insurance coverage, and permit, performance, payment or other bonds, or letters of
credit or other securities, shall be provided to the recorder in a form and in amounts
approved by the city attorney. Such documents, when required, are conditions
precedent to the city executing a contract. Such bonds, insurance, or other
securities shall:
1. Name the city as an additional insured if an insurance policy, or
otherwise appropriately designate the city as the beneficiary of the security;
2. Provide that no cancellation thereof may be made without first
giving the city at least thirty days prior written notice;
3. Be in sums sufficient to protect the city and its interests; and
4. All insurers and corporate guarantors or sureties shall be
licensed to do business in the State of Utah and shall be sound and reputable firms,
as determined acceptable to the city attorney.
B. The city attorney shall have authority to waive any requirement with
respect to insurance, bonds or other securities contained in this Chapter 25, and to
promulgate rules for adoption by the mayor regarding acceptable requirements for
insurance, bonds or other securities.
3.25.030 Bid, performance and payment bonds.
A. Construction contractors desiring to enter contracts with the city
shall be required to post bid, performance and payment bonds at a time and in a
form and amount determined by the city engineer or that person's designee. The
city engineer, or that person's designee, may require other bonds, securities or
insurance in connection with city construction in any form and amount that he or
she shall find reasonably necessary to protect the interest of the city.
B. The chief procurement officer, or that person's designee, shall have
the authority to require a performance bond or other insurance or security before a
contract is entered to purchase or acquire supplies or services, or at any other time,
in such amount as he or she shall find reasonably necessary to protect the interest
of the city.
SECTION 3. Effective Date. This Ordinance shall become effective on the
date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 14th day of
October , 1997.
ATTEST AND COUNTERSIGN:
EF ' P Y CITY "EC S RD
Transmitted to the Mayor on October 15, 1997
Mayor's Action: xxx Approved Vetoed
liav
MAY R()
act
EST AND COUNTERSIGN:
Bill No. 1997.
I Published: October 21, 1997.
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