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(a) Notwithstanding any other provisions of the Municipal Code, in cases where the Purchaser deems that it is in the City’s best interests to do so, the Purchaser is authorized, subject to the Board of Supervisors’ approval by Resolution, to sell to, acquire from, participate in, sponsor, conduct, or administer cooperative purchasing agreements for the benefit of public agencies in California or elsewhere, and may enter into reciprocal agreements for the cooperative use of Commodities or Services or the common use or lease of facilities, under the terms agreed upon between the parties.
(b) Notwithstanding any other provisions of the Municipal Code, the Purchaser may utilize competitive procurements conducted by or for the benefit of other public agencies to make purchases of Commodities or Services for the use of the City, under the terms established in those procurements, upon making a determination that (i) the other procurement was competitive or the result of a sole source award, and (ii) the use of the other procurement would be in the City’s best interests.
(c) Departments may utilize the results of competitive Solicitation by other City departments if such potential use by other City departments is specified in the Solicitation.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 115-05, File No. 050595, App. 6/17/2005; Ord. 161-24, File No. 240366, App. 7/3/2024, Eff. 8/3/2024)
At a minimum, all Purchasing contracts, excluding Purchase Orders and contracts executed electronically, shall be executed in triplicate. One original shall be retained by the ordering department, one original shall be retained by the Purchaser, and one original shall be provided to the contractor.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
All contracts entered into on behalf of the City for Commodities or Services to be purchased at the expense of the City shall contain a paragraph stating all of the following:
(a) The City's obligation hereunder shall not at any time exceed the amount certified by the Controller for the purpose and period stated in such certification.
(b) Except as may be provided by laws governing emergency procedures, officers and employees of the City are not authorized to request, and the City is not required to reimburse the Contractor for, Commodities or Services beyond the agreed upon contract scope unless the changed scope is authorized by amendment and approved as required by law.
(c) Officers and employees of the City are not authorized to offer or promise, nor is the City required to honor, any offered or promised additional funding in excess of the maximum amount of funding for which the contract is certified without certification of the additional amount by the Controller.
(d) The Controller is not authorized to make payments on any contract for which funds have not been certified as available in the budget or by supplemental appropriation.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
All City contracts subject to this Chapter must conform to the insurance requirements established by the Risk Manager. The Risk Manager shall develop uniform insurance requirements for City contracts subject to this Chapter 21. The Risk Manager shall review and update such insurance requirements as necessary to protect the City’s interests.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 164-23, File No. 230647, App. 7/28/2023, Eff. 8/28/2023)
Each Contractor entering into a contract with the City that could involve the Contractor's provision of intellectual property to the City must save, keep, hold harmless and fully indemnify the City and any of its officers or agents from all damages, or claims for damages, costs or expenses in law or equity that may at any time arise or be set up for infringement of the patent rights, copyright, trademark or other intellectual property claims of any person in consequence of the use by the City, or any of its officers or agents, of articles to be supplied under such contract and of which the contractor is not the patentee or assignee or has not the lawful right to sell the same.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
No contract shall be assigned, except by written instrument executed and approved in the same manner as the original contract, which instrument shall include the signature of the assignee. The Contracting Officer shall notify the Controller in writing of such assignments.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
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