Alameda Municipal Code § 2-59 Authorization of Contracts

Except as otherwise provided by ordinance, every contract involving consideration reasonably valued at more than one thousand dollars ($1,000.00) shall be made in writing or other manner as provided by ordinance. The draft of the contract shall be approved by the employee authorized to make the contract.

Every contract must be approved by the City Attorney as to form, except the following:

(1) Contracts involving a sum of five thousand dollars ($5,000.00) or less, for the purchase, rental, repair or maintenance of materials, supplies and equipment;

(2) Contracts involving the sum of five thousand dollars ($5,000.00) or less, for the purchase of professional or personal services, or for construction or maintenance services;

(3) Contracts not required to be made in writing or other manner as provided by ordinance.

The contract shall be signed on behalf of the City by:

(a) The employee authorized to enter into the contract; or

(b) In the case of a contract authorized by Council, the person authorized by the Council.

The City shall not be, and is not, bound by any contract unless it complies with the requirements of this section and all other applicable requirements of the Charter.

The restrictions of this section shall not apply to a case of a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as provided in Section 3-15.2 of the Charter.

(Ord. 3001 N.S. § 1)

In accordance with Government Code 830.6 the City Council hereby delegates to the City Engineer, or his or her designee, the authority to approve plans, specifications, and designs, and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works projects.

(Ord. 3001 N.S. § 1)

(Ord. No. 3154 N.S., § 1, 6-7-2016)

(a) Except as otherwise provided in the Charter or this Code, no employee of the City shall make any contract, obligating the City, or any department of the City, to make or receive payments of money or other valuable consideration for a period longer than five (5) years, unless such contract shall have been first approved by the Council.

(b) For the purpose of this section, a contract obligating the City, or any operational department of the City, to make or receive payments or other valuable consideration for a period longer than five (5) years, shall include a contract which contains a provision, such as, but not limited to, an option clause, which allows for a cumulative period longer than five (5) years, said period calculated as of the date of execution of the contract.

(c) Except as otherwise authorized by the Council, contracts for personal or professional services involving specialized knowledge, including, without limitation, architects, engineers, or accountants, in the amount of seventy-five thousand ($75,000.00) dollars or more must be approved by Council.

(d) [Reserved.]

(e) Settlement or comprise of any liability of the City, including workers' compensation compromise and release settlements, in excess of either seventy-five thousand ($75,000.00) dollars or otherwise applicable statutory limits for delegation must be approved by the Council. The City Manager and the City Attorney are authorized to settle or compromise any such liability of the City when the amount necessary to be expended in order to settle or compromise such liability does not exceed either seventy-five thousand ($75,000.00) dollars or any otherwise applicable statutory limitation below seventy-five thousand ($75,000) dollars, without the necessity of first receiving approval of the City Council. The City Manager and the City Attorney are also authorized to settle or compromise any such liability of the City when the amount necessary to be expended in order to settle or compromise such liability exceeds a self-insured retention amount by the City and an entity providing excess coverage for the liability authorizes payments for the settlement or compromise.

(Ord. 3001 N.S. § 1)

(Ord. No. 3262 N.S., § 2, 2-18-2020; Ord. No. 3266, § 1, 3-3-2020)

The following definitions shall apply to the following terms used in this article:

"Contract" means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the City of Alameda or to the public, which is let, awarded or entered into with, or on behalf of, the City of Alameda or any awarding authority thereof.

(Ord. 3001 N.S. § 1)