RESOLUTION NO. 11502
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED PURSUANT
TO SECTION 3.08.095 OF THE ORANGE
MUNICIPAL CODE (“OMC”) AND
DELEGATING CERTAIN AUTHORITY TO THE
CITY MANAGER RELATED TO THE
APPROVAL AND ADMINISTRATION OF
CONTRACTS, AGREEMENTS, INSTRUMENTS
AND CONVEYANCES NOT OTHERWISE
COVERED BY CHAPTER 3.08 OR THE OMC
WHEREAS, the Orange Municipal Code (“OMC”) governs the approval of certain contracts, including those contracts related to the purchase of materials, supplies and equipment, as well as public works and professional services; and
WHEREAS, Section 3.08.095 of the OMC provides: “For any contracts, agreements, instruments and conveyances not otherwise covered by this chapter or any other provision of this code, the City Council may by resolution prescribe procedures, rules and regulations governing the approval and administration thereof”; and
WHEREAS, approval for all other contracts, agreements , instruments or conveyances (sometimes herein referred to generally as “contracts”) not otherwise delineated in the Code are presented to the City Council for approval; and
WHEREAS, it is a common practice throughout California cities for legislative bodies to delegate contracting authority to the City Manager or City Attorney for contracts of a routine nature that have little to no impact on City resources or operation; and
WHEREAS, delegating authority to the City Manager to approve and execute those routine contracts that address the day -to-day operation of the City supports the efficient administration of City affairs;
NOW, THEREFORE, BE IT RESOLVED that the City Council finds, resolves and orders as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. In addition to contracting authority contained in, the Orange Municipal Code or any other authority, express or implied , the City Manager with the concurrence of the City Attorney is hereby delegated the authority:
2 A. To execute contracts to retain legal and other professional services in connection with representing the City’s interest in legal matters, litigation and suits in which the City is a party or may be a party or in which it is directly or indirectly interested if requested by the City Attorney.
B. To execute funding agreements or Memoranda Of Understanding (“MOU s) with local, state and federal entities or agencies when required in connection with projects for which funds have been budgeted by the City Council or for the City’s receipt of grant funding.
C. To execute contracts with other public entities related to public projects, or contracts with private entities related to services provided in connection with applications , including, but not limited to, environmental assessments and other studies related to the processing of the application, where the City is reimbursed and there is no additional cost to the City, or contracts where a private entity has requested and agreed to pay for studies or analysis at their sole cost and expense, whether or not in connection with an application.
D. To terminate all contracts, agreements, instruments and conveyances, which includes, without limitation, leases of city-owned property, licenses and permits issued by staff, and temporary construction easements, in accordance with termination clauses (if applicable).
SECTION 3. All contracts, agreements, instruments or conveyances delineated in this Resolution for City Manager execution, shall not require prior approval of the City Council and may be executed by the City Manager or designee, and shall be approved as to form by the City Attorney. Nothing herein prevents the City Manager from presenting any contract to the City Council for their approval or ratification, in the City Manager’s sole and absolute discretion.
SECTION 4. If such contract, agreement, instrument, or conveyance delineated herein would have a fiscal impact on the City beyond funds budgeted by the City Council for those general purposes, the City Manager shall secure City Council approval prior to execution of said contract..
ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
3 APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange