Ordinance 3266CITY OF ALAMEDA ORDINANCE NO. 3266
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REVISING
SECTION 2-59.3 (LIMITATION AND POWER TO MAKE
CONTRACTS) OF ARTICLE IV (CONTRACTS) OF CHAPTER II
(ADMINISTRATION) AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO SETTLE LIABILITY CLAIMS UP
TO $75,000 UNLESS OTHERWISE LIMITED BY LAW AND TO
SETTLE LIABILITY CLAIMS INVOLVING PAYMENTS BY
EXCESS LIABILITY COVERAGE
WHEREAS, pursuant to labor law requirements of the State of California,
the City participates in California's workers' compensation program; and
WHEREAS, the State has established requirements for workers'
compensation benefits; and
WHEREAS, the City's workers' compensation program is conducted in
accordance with State laws; and
WHEREAS, authorization to approve liability payments, including workers'
compensation payments, up to $75,000 is consistent with the City's existing
purchasing policy and would permit the City Attorney's Office and City Manager's
Office to efficiently administer claims; and
WHEREAS, efficient administration of claims by the City Attorney's Office
and City Manager's Office would be furthered by authorization to proceed with
settlements for amounts above a Self-Insured Retention where entities providing
excess coverage have also given approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES ORDAIN AS FOLLOWS:
Section 1. Section 2-59.3 (Limitation and Power to Make Contracts) of Article
IV (CONTRACTS) of Chapter II (ADMINISTRATION) of the Code of the City of
Alameda is hereby amended to read as follows:
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) 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 dollars ($75,000.00) or more must be approved by Council.
(d) [Reserved l
(e) Settlement or comprise of any liability of the City, including workers'
compensation compromise and telease settlements, in excess of either
seventy-five thousand dollars ($75,000.00) 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 dollars ($75,000.00) or any otherwise applicable statutory
limitation below seventy-five thousand dollars ($75,000), 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.
Section 2. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance, for
any reason, is held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City
Council of the City of Alameda hereby declares that it would have passed this
ordinance, and each section, subsections, clause, or phrase hereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses and
phrases are declared to be invalid and unconstitutional.
Section 3: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this
Ordinance, to the extent of such inconsistencies and no further, is hereby repealed
or modified to the extent necessary to effectuate this Ordinance.
Section 4: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act (CEQA)
pursuant to the following, each a separate and independent basis: CEQA
Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant
environmental impact).
Section 5: EFFECTIVE DATE
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.
Attest:
******
I, 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 3rd day of March 2020, by the following vote
to wit:
AYES: Councilmembers Daysog, Knox White, Oddie and
Mayor Ezzy Ashcraft-4.
NOES: None.
ABSENT: Councilmember Vella - 1 .
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of March 2020.
APPROVED AS TO FORM:
Lara Weisiger "ty Clerk
City of Alameda