RESOLUTION NO. 2022-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA AUTHORIZING THE CITY MANAGER AND DEPUTY CITY MANAGER TO PROCURE GOODS AND SERVICES AND SETTLE CLAIMS ON BEHALF OF THE CITY UP TO SPECIFIED AMOUNTS WHEREAS, Chapter 2, Article III, Division 1, Section 2-80 of the Fontana Municipal Code provides that the City Manager shall be responsible for and approve the purchase of all supplies for all of the departments or divisions of the City of Fontana (“City”) as submitted by the purchasing agent; and WHEREAS, Government Code section 935.4 provides that the City Council may, by ordinance or resolution, authorize an employee of the City to allow, compromise, or settle a claim against the City, up to, but not exceeding, fifty thousand dollars ($50,000); and WHEREAS, Resolution No. 2019-127 authorized the City Manager to sign contracts obligating the City up to one hundred thousand dollars ($100,000); and WHEREAS, Resolution No. 2019-127 authorized the Deputy City Manager to sign contracts obligating the City up to twenty-five thousand dollars ($25,000); and WHEREAS, in 2020, during the COVID-19 pandemic, the then-Interim City Manager issued a statement to City staff declaring the following limits to sign contracts obligating the City: City Manager ($100,000), Deputy City Manager ($50,000), and Department Heads ($25,000) (“Statement”); and WHEREAS, the Statement was never codified nor authorized by City Council; and WHEREAS, the City Council seeks to increase the authorized limits of the City Manager, Deputy City Manager(s), and Department Heads’ spending authority to be reflective of current Fontana City government and ensure the smooth and efficient operation of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fontana resolves as follows:
Section 1. Resolution No. 2019-127 is hereby repealed and replaced in entirety by this Resolution No. 2022-XX Section 2. The City Manager is hereby authorized to approve contracts and other instruments necessary or convenient to obtain, hire, purchase, or rent equipment, materials, supplies, labor, services, or other items up to a maximum of one hundred thousand dollars ($100,000) per contract and to execute all contracts or other instruments necessary and convenient in connection therewith.
Section 3. Pursuant to Government Code section 935.4, the City Manager is hereby authorized to allow, compromise, or settle any claim against the City, up to, but not exceeding, fifty thousand dollars ($50,000).
Section 4. The Deputy City Manager(s) is/(are) hereby authorized to approve contracts and other instruments necessary or convenient to obtain, hire, purchase, or rent equipment, materials, supplies, labor, services, or other items up to a maximum of fifty thousand dollars ($50,000) per contract and to execute all contracts or other instruments necessary and convenient in connection therewith.
Section 5. Department Heads are hereby authorized to approve contracts and other instruments necessary or convenient to obtain, hire, purchase, or rent equipment, materials, supplies, labor, services, or other items up to a maximum of twenty-five thousand dollars ($25,000) per contract and to execute all contracts or other instruments necessary and convenient in connection therewith.
Section 6. This Resolution shall in no way supersede the City’s Purchasing Policy – Administrative Policy Section 20-50, which provides, in part, the following restrictions: (1) any purchase over $2,500 requires a purchase order, (2) purchases between $2,500 and $25,000 may use an informal procurement process, and (3) purchases above $25,000 require a formal procurement process.
Section 7. In addition to these spending limits and authorities, the City Manager has the authority to execute all property purchase agreements as authorized by City Council on behalf of the Housing Department. These transactions may exceed the above spending limits.
Section 8. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall become effective upon the passage by the City Council.
APPROVED AND ADOPTED this 14th day of June 2022.
READ AND APPROVED AS TO LEGAL FORM:
_____________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council of the City of Fontana, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 14th day of June 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
______________________________
Germaine McClellan Key, City Clerk
______________________________
Acquanetta Warren, Mayor
ATTEST:
______________________________
Germaine McClellan Key, City Clerk
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