Ordinance 3001CITY OF ALAMEDA ORDINANCE NO. 3001
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING SECTION 59 AT
ARTICLE IV TO CHAPTER 11 PERTAINING TO CONTRACTS IN WRITING
WHEREAS, at the consolidated election of November 4, 2008, Alameda
voters amended the city charter by passage of measure R; and
WHEREAS, Measure R added Article XXII, Section 13 to the City Charter,
which requires a written contract when the consideration involved in the transaction
is reasonably valued at more than an amount specified by ordinance; and
WHEREAS, related requirements would aid in the proper administration of
contracts; and
WHEREAS, the addition of contract protocols to the municipal Code will
provide notice to prospective contracting parties of legal requirements and provide
legal protection to the city.
BE IT ORDAINED by the city council of Alameda that:
Section 1 The Alameda Municipal Code is hereby amended by adding a
new Article IV to chapter 11, which shall read as follows:
ARTICLE IV CONTRACTS
2 -59 AUTHORIZATION OF CONTRACTS
2 -59.1 Formalities Approval
Except as otherwise provided by ordinance, every contract involving
consideration reasonably valued at more than One Thousand Dollars ($1,000) 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 fora, except the
following:
(1) Contracts involving a suns of Five Thousand Dollars ($5,000), 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), 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 �y:
(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.
2 --59.2 submission of Terms to council.
Whenever any public works contract with the city of Alameda must be
approved or authorized by the city council, the head of the department or other
employee of the City entering into such contract shall submit to the city council for
its approval the plans and specifications for the work, services and materials to be
furnished the city under such contract.
2 -59.3 Limitation and Power to make contracts.
(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) Contracts for personal or professional services involving specialized
knowledge, including without limitation architects, engineers, or
accountants, in the amount of $75,000 or more must be approved by
Council.
2 -59.4 Definitions.
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.
Section 2 This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Presiding Offic tl�e
r o Cy Council
Attest:
L ijzn�- I-k�
Lara Weisiger, Cit C rk
1, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the council of the city of Alameda in a regular
meeting assembled on the 6 day of October, 2009 by the following vote to wit:
AWES: councilrnembers del -laan, Gilmore, Matarrese, Tam, and
Mayor Johnson 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said city this 7 day of October. 2009.
r r