(A) Execution by the Mayor. The Mayor, on behalf of and in the name of the city, shall execute all contracts made by the city.
(B) Role of the Corporation Counsel. Upon award of a contract by the Director of Purchasing, the Corporation Counsel or an attorney acting under the authority of the Corporation Counsel shall approve all contracts, both as to form and compliance with all legal requirements of the Charter. In addition to such other legal requirements as may be examined by the Corporation Counsel, a contract shall not be deemed to comply with the legal requirements of the Charter if the Corporation Counsel determines that satisfactory proof of the availability of unexpended, appropriated funds does not exist or if the file does not include each of the following:
(1) A recitation, by the using agency, of the amount of funds to be expended by the terms of the contract, including, but not limited to, a breakdown of funds in each fiscal year of a multi-year transaction, including an estimate of capital funds in subsequent years;
(2) The special terms and conditions required by federal and state government funding sources and the identity of the personnel of the using agency responsible for the administration of the transaction covered by the contract; and
(3) The Corporation Counsel shall review the vendor-submitted insurance and bonds in order to ascertain compliance with the standards set by the Director of Finance or his designee.
(C) Approval by the Board of Aldermen. The following shall be subject to Board of Aldermen approval:
(1) All contracts with the exception of contracts for services which are the subject of an exemption hereunder in excess of $50,000;
(2) Any multi-year contract, accompanied by appropriate explanatory information prepared by the Director of Purchasing,
(3) Contract amendments as provided in § 38.073 of this chapter;
(4) With respect to the disposition of the real property of the city, the provisions of § 38.069 of this chapter shall apply with regard to required Board of Aldermen approval; and
(5) "Hold harmless" or indemnification provisions, when the city chooses to grant the same. Notwithstanding the foregoing, the Mayor is authorized to execute contracts pertaining to grants with the state or federal governments which contain "hold harmless" or indemnification provisions that have been reviewed by the Corporation Counsel.
(D) Artificial division of expenditures prohibited. It shall be a violation of this chapter to artificially divide expenditures to circumvent the requirements of division (C) above.
(Ord. passed 6-20-2005)