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 $2100,000
1. Affected departments shall prepare a Request for Proposals (RFP) and invite a minimum of five (5) qualified firms to submit proposals.
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 $2100,000
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 $2100,000. 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 $2100,000, 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 $50250,000 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 $2100,000 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-