2022/01/05 Council Agenda Packet

G. The Council further recognizes that certain practices have been in place for many years regarding approval as to form and legality by the City Attorney and regarding attestation by the City Clerk. Another purpose of this Resolution is to formalize and approve those practices NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. Findings. The foregoing recitals are incorporated and fully made a part of this Resolution. Section 2. Adoption of Guidelines. The City Council hereby finds it to be in the public interest to establish guidelines for execution of contracts, bonds, and instruments by the Chief Administrative Assistant and designated department head(s). Guidelines are hereby adopted as set forth in the attached Exhibit "A" to this Resolution. In this Resolution and in the Guidelines, "contracts, bonds and instruments" are collectively referred to as "Contracts." Section 3. Guidelines Implementation and Amendment. The City Council hereby authorizes the Mayor to adopt any necessary administrative policies or processes to implement the guidelines. The City Council hereby acknowledges that future amendments to the guidelines set forth in Exhibit "A" to this Resolution, if any, may be made administratively by the Mayor, and will be based on changes in law, rule, or business practice. Section 4. City Attorney Approval as to Form. The City Council recognizes that the requirement of Section 4.14 of the City Charter that all Contracts be "approved as to form and legality of the City Attorney" has been interpreted for many years as approval by the Office of the City Attorney, with staff attorneys from the Office of the City Attorney designated by the City Attorney to accomplish day-to-day approval of contracts. This approval as usually been abbreviated as "Approved as to Form" on Contracts. This resolution acknowledges and approves these practices. Staff attorneys as designated by the City Attorney may approve contracts as to form on behalf of the Office of the City Attorney. Further, this approval as to form may be by signature or stamp or any other mark signifying such approval (in ink, electronic or otherwise) or, alternatively, such approval may be by notation in the City's electronic contract management system. Section 5. City Clerk Attestation. The City Council recognizes that the requirement of Section 4.14 of the City Charter that written contracts be "attested by the Clerk" has been interpreted for many years as attestation by the Office of the City Clerk, with Clerk staff designated by the City Clerk to accomplish day-to-day attestation of contracts. This resolution acknowledges and approves that practice. Clerk staff as designated by the City Clerk may attest contracts on behalf of the Office of the City Clerk. Further, the Office of the City Clerk is entitled to rely on an electronic signature platform's verification of the Mayor's signature for attestation purposes. Attestation may be by signature or stamp or any other mark (in ink, electronic or otherwise) signifying attestation. Section 6. Severability. If any section, sentence, clause or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or the constitutionality of any other section, sentence, clause or phrase of this Resolution. Section 7. Effective Date. This Resolution shall take effect and be in full force immediately.