1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM RESCINDING
RESOLUTION NO. 2021-031 AND
AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENTS ON BEHALF OF
THE CITY WHEN THE CONTRACT AMOUNT
DOES NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS; RESTATING THE
CITY MANAGER’S AUTHORITY TO SUBMIT
GRANT APPLICATIONS, RESOLVE
WORKER’S COMPENSATION CLAIMS, AND
DELEGATE LIMITED CONTRACTUAL
AUTHORITY TO EXECUTIVE MANAGERS OF
THE CITY; RESTATING THE CITY
ATTORNEY’S AUTHORITY TO TAKE
CERTAIN SPECIFIED ACTIONS IN DEFENSE
OF THE CITY; AND AMENDING COUNCIL
POLICY 4.1
WHEREAS, Section 518 of Title V of the Charter of the City of Anaheim (“City Charter”) provides that, by ordinance or resolution, the City Council may authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority; and WHEREAS, the City Manager’s current contractual authority is $200,000.00, which the City Council has determined should be modified to allow for more public and Council oversight of contracts in the City of Anaheim (“City”); and WHEREAS, pursuant to Section 518 of Title V of the City Charter, the City Council desires to grant authority to the City Manager to enter into and amend contracts and agreements (“agreements”), provided the total compensation payable under any agreement does not exceed One Hundred Thousand Dollars ($100,000.00); and WHEREAS, by Resolution 2021-031, the City Council i) authorized the City Manager to resolve worker’s compensation claims and approved the City Manager’s delegation of authority to resolve such claims to the City’s Risk Manager, pursuant to written guidelines issued by the City Manager, ii) granted authority to the City Attorney to undertake certain specific tasks essential and incident to the City Attorney’s role as the City’s chief legal advisor and representative under Section 703 of the City Charter, and iii) approved the City Manager’s submission of grant applications and delegation of limited contractual authority to City Executive Managers. The City Council now wishes to restate these previously-granted authorizations for ease of reference; and
2 WHEREAS, the contractual authority granted under this resolution does not extend to Public Works agreements entered into pursuant to Section 1211 of the City Charter, or to agreements that are required to be processed and approved by the Purchasing Agent pursuant to Section 1206 of the City Charter or Chapter 1.04 of the Anaheim Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that:
1. The City Manager is authorized to enter into, ratify and amend agreements for the acquisition of equipment, materials, supplies, labor, services or other items, as well as to enter into, ratify and amend memorandums of understanding, operational, cooperative, reimbursement, settlement, release, hold harmless, indemnification and other similar agreements, for which funds are available within the budget approved by the City Council, provided i) the total compensation payable under any such agreement, or amendment thereto, does not exceed One Hundred Thousand Dollars ($100,000.00), and ii) the total compensation payable to the person or entity contracting with the City for the provision of equipment, materials, supplies, labor, services or other items does not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) in any five (5) year period.
2. The City Manager is authorized to execute agreements and other documents necessary to procure and utilize grant funds, provided the total compensation payable under any such agreement does not exceed One Hundred Thousand Dollars ($100,000.00).
3. The City Council restates for ease of reference the following authorizations granted in Resolution 2021-031:
a. The City Manager is authorized to delegate up to Twenty-Five Thousand Dollars ($25,000.00) of his or her contractual authority to each Executive Manager (Department Head) of the City, such that Executive Managers shall have the authority to enter into, ratify and amend agreements on behalf of the City, pursuant to written guidelines issued by the City Manager (and in accordance with City policies, rules and regulations), provided i) the total compensation payable under any such agreement, or amendment thereto, does not exceed Twenty-Five Thousand Dollars ($25,000.00), and ii) the total compensation payable to the person or entity contracting with the City for the provision of equipment, materials, supplies, labor, services or other items does not exceed Seventy-Five Thousand Dollars ($75,000.00) in any five (5) year period. b. The City Manager is authorized to submit and ratify the submission of grant applications on behalf of the City.
c. The City Manager is authorized to resolve worker’s compensation claims pending against the City and to execute any agreements incident thereto. The City Council additionally approves and authorizes the City Manager to delegate the authority to 3 enter into worker’s compensation settlements and agreements to the Risk Manager, pursuant to written guidelines issued by the City Manager. d. In accordance with City Charter Section 703, the City Attorney is authorized, when he or she deems it to be in the best interest of the City for legal or strategic reasons, to i) enter into agreements tolling the statute of limitations applicable to claims/lawsuits against the City, and ii) waive the attorney-client privilege applicable to intra-agency communications, provided that neither the Council nor any of its members are part(ies) to those communications. The City Attorney is further authorized to initiate and/or participate in litigation on behalf of the City in situations where the City is (i) initiating litigation at the direction of the City Council, (ii) seeking to collect funds due to it, (iii) initiating an unlawful detainer action, (iv) filing a cross-complaint or cross-claim against a party or parties that have initiated litigation against the City, or (v) initiating litigation to meet a statutory, court or other deadline in order to preserve the City’s interests, provided the initiation of litigation is approved by the City Council at a subsequent, regular meeting of the Council.
4. Council Policy 4.1 is hereby amended to incorporate the authority granted in paragraph 1 above, as reflected in Exhibit A hereto. Council Policy 4.0, which was amended by Resolution 2021-031, is approved in its current form.
BE IT FURTHER RESOLVED that the authority granted herein shall not apply to Public Works agreements entered into pursuant to City Charter Section 1211 or to agreements that are required to be processed and approved by the Purchasing Agent pursuant to City Charter Section 1206 or Chapter 1.04 of the Anaheim Municipal Code.
BE IT ADDITIONALLY RESOLVED that Resolution No. 2021-031 be, and it is hereby, rescinded in its entirety.
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4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this day of , 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By_________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
City of Anaheim COUNCIL POLICY
Subject: Selection of Professional Policy # 4.1
Consultants Adopted Date: 08/28/79
Amended: 04/23/91
04/20/04
06/05/07
11/09/10
11/08/11(effective: 12/15/11)
03/07/17
04/13/21
04/27/21
08/15/23
Page (1) of (4)
It is the policy of the City Council that the following procedures shall be used in the selection and procurement of technical and professional consulting services (other than legal services).
This policy shall include, but not be limited to, services in the following fields:
Architecture
City and Regional Planning
Data Processing
Economic Analysis
Engineering (civil, mechanical, electrical, structural, traffic, etc.) Environmental Analysis
Financial Analysis
Grant Writing
Landscape Architecture
Property Analysis
Training
Purpose of Policy:
Technical consultant services are of a professional nature, and due to the ethical codes of the professions involved, as well as the nature of the services to be provided, do not readily fall within the competitive bidding process. Technical and professional consultants should be individually selected for a specific project or purpose with the objective of selecting the most qualified consultant at a fair and reasonable cost.
Recommendation Process:
A. Major Projects – Anticipated fee of more than $100,000
1. Affected departments shall prepare a Request for Proposals (RFP) and invite a minimum of five (5) qualified firms to submit proposals.
EXHIBIT “A”
City of Anaheim COUNCIL POLICY
Subject: Selection of Professional Policy # 4.1
Consultants Adopted Date: 08/28/79
Amended: 08/15/23
Page (2) of (4)
2. A Review Board, selected by the Deputy City Manager or the appropriate department head or designee (hereinafter collectively referred to as “department head”) and composed of appropriate staff representatives and/or qualified outside representatives, will review the proposals received and select the most qualified firms for interviews. The Review Board shall rank the consultants based upon the following criteria:
a. Ability of the consultants to perform the specific tasks outlined in the RFP.
b. Qualifications of the specific individuals who will work on the project. c. Amount of time and involvement of key personnel who will be involved in respective portions of the project.
d. Reasonableness of the fee requested to do the work.
e. Demonstrated record of success by the consultant on work previously performed.
f. The specific method and techniques to be employed by the consultant on the project or problem.
g. Any other criteria prescribed by the department head that is requiring the service(s).
3. When five (5) potential firms are unavailable, or if it is in the best interest of the City to limit the number of firms solicited, the proposed contract/agreement will be placed on the Council agenda in accordance with the Approval Process set forth in this policy.
City of Anaheim COUNCIL POLICY
Subject: Selection of Professional Policy # 4.1
Consultants Adopted Date: 08/28/79
Amended: 08/15/23
Page (3) of (4)
B. Intermediate Projects – Anticipated fee between $50,000 and $100,000
1. Affected departments shall utilize procedures noted above and solicit proposals from a minimum of three (3) qualified consultants.
2. The department head shall make a selection based upon the criteria set forth in Section A.2 and submit the contract for approval as provided in this policy.
3. When three (3) potential firms are unavailable, or if it is in the best interest of the City to limit the number of firms solicited, the proposed contract/agreement will be placed on the Council agenda in accordance with the Approval Process set forth in this policy.
C. Minor Projects – Anticipated fee under $50,000
1. The department head shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone, e-mail or letter, contact at least three (3) qualified consultants and request them to submit a proposal.
2. The department head shall make a selection based upon the criteria noted in Section A.2.
3. The City Manager is authorized to waive the requirements of section C.1. if the department head demonstrates that there are not three (3) qualified consultants available to submit a proposal.
Approval Process:
The City Manager is authorized by City Council resolution to execute, ratify and amend contracts and agreements (“contracts”) in cases where the compensation payable under the contract does not exceed $100,000. Contracts that exceed the City Manager’s authority shall be placed on the City Council Agenda for approval, with a summary of the basis used to select the recommended consultant. In addition, any contract valued at over $50,000 where the consultant is selected without following the selection protocol set forth in this policy shall be placed on the City Council agenda for approval, with an explanation of the reasons for the selection protocol utilized.
City of Anaheim COUNCIL POLICY
Subject: Selection of Professional Policy # 4.1
Consultants Adopted Date: 08/28/79
Amended: 08/15/23
Page (4) of (4)
City Executive Managers (department heads) are authorized by City Council resolution and delegation of the City Manager to execute, ratify and amend contracts involving fees of $25,000 or less if the contract complies with City rules and policies and any guidelines established by the City Manager; provided however, that if the fees payable to a consultant under multiple contracts exceed $75,000 in any five (5) year period, the contract must be referred to the City Manager or placed on the City Council Agenda for approval pursuant to the criteria set forth in this policy.
City Manager/City Council Renewal of Contracts with Professional Consultants:
Requests to the City Manager or City Council to renew a contract with a professional consultant should include an evaluation of the work performed by the consultant, as well as a determination that the fees being charged are comparable to fees for similar services offered by other consultants.
If the fees for the renewed contract do not exceed $100,000, the City Manager may execute the contract consistent with this policy. If the fees for the renewed contract exceed $200,000, the request to renew the agreement will be placed on the City Council Agenda for approval. In addition, if the combined fees payable to a consultant under multiple contracts and/or agreements exceed $250,000 during any five (5) year period, the contract will be placed on the City Council Agenda for approval.
Reporting:
Annually, the City Manager shall prepare and provide to the City Council, for information purposes, a list of contracts awarded that are valued at $100,000 or less.
The award of professional consultant contracts valued at $25,000 or more shall be published on the City’s website within 72 hours after an agreement is finalized and notification shall be provided to the City Council once an agreement has been posted.
Reference: Ordinance Nos. 6195 & 6227
Previous Council Policy 401
Resolution No. 2021-031
Resolution No. 2021-039
Resolution No. 2023-____