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has located a prior City Resolution (Number 13893) setting forth purchasing limitations for legal services, which is outdated and has not been used by the City for at least eight years.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 While certain staff believes that Council has already rescinded this resolution, staff has not been able to locate any record confirming such an action.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 procurement and to align with present day expectations. Based on this policy, the City Attorney’s office will advise the City Council whenever a matter will or is expected to expend attorney’s fees and costs (e.g. expert witness fees) in excess of $75,000, which is in line with existing authority to approve purchasing contracts with the same limit. The City Council retains full authority to review all legal expenditures and give direction as it sees fit.
Accordingly, staff recommends that City Council repeal Resolution 13893 and let Administrative Policies and Procedures, Number 5, Purchasing Policy, stand as the governing document for the City’s Purchasing Policy, with the understanding that the City Manager and the City Attorney’s settlement authority of $15,000 remains unchanged by this action.
The City Manager and the City Attorney expects to return in the coming year with a more comprehensive update to the City’s Purchasing Policy.
ALTERNATIVES
The City Council could choose to set different procurement limits than what is authorized by Administrative Policies and Procedures Number 5.
FINANCIAL IMPACT
There is no financial impact from this action.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project under Public Resources Code section 21065 and CEQA Guidelines section 15378.
CLIMATE IMPACTS
This action does not impact the climate.
RECOMMENDATION
Repeal City of Alameda Resolution 13893 and authorize the City Attorney’s Office to follow purchasing guidelines set forth in Administrative Policies and Procedures, Number 5.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the City Attorney recommendation.
Respectfully submitted,
Yibin Shen, City Attorney
By,
Lisa Cooper, Paralegal
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Resolution No. 13893
cc: Eric Levitt, City Manager