Title
Recommendation to Authorize the City Attorney's Office to Follow Purchasing Guidelines Set Forth in Administrative Policies and Procedures, Number 5; and
Adoption of Resolution Repealing Resolution No. 13893 Empowering the City Attorney to Employ Special Legal Counsel. (City Attorney 2310)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Manager and the City Attorney recently updated Administrative Policies and Procedures, Number 5, Purchasing Policy, as a first step in providing for enhanced transparency and accountability in the City of Alameda (City) procurement. Staff has located a prior City Resolution (Number 13893) setting forth purchasing limitations for legal services, which is outdated and has not been used by the City for at least eight years. Accordingly, the City Attorney's office recommends repealing Resolution 13893 (Exhibit 1).
BACKGROUND
Resolution 13893 was adopted on September 6, 2005 at the request of then City Attorney Carol Korade, which granted the City Attorney authority to hire special legal counsel for any matter up to $35,000. Over the course of the ensuing 14 years, costs have increased and the not to exceed amount in Resolution 19893 is no longer viable. Additionally, setting a hard cap on legal services creates serious negative consequences, as it could leave the City unable to provide effective and timely legal defense and/or risk forfeiture of critical legal positions when staff is unable to timely seek City Council authorization. Accordingly, Resolution 13893 fell out of use approximately eight years ago. While certain staff believes that Council has already rescinded this resolution, staff has not been able to locate any record confirming such an action.
DISCUSSION
In July 2019, the City Manager and the City Attorney revised Administrative Policies and Procedures, Number 5, Purchasing Policy, as a first step in providing for enhanced transparency and accountability in City ...
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