RES-2021-031 RESOLUTION NO. 2021- 031
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE
CITY MANAGER TO SUBMIT GRANT
APPLICATIONS, RESOLVE WORKER'S
COMPENSATION CLAIMS, AND ENTER INTO
AGREEMENTS ON BEHALF OF THE CITY
WHEN THE CONTRACT AMOUNT DOES NOT
EXCEED TWO HUNDRED THOUSAND
DOLLARS; APPROVING THE CITY
MANAGER'S DELEGATION OF LIMITED
CONTRACTUAL AUTHORITY TO EXECUTIVE
MANAGERS OF THE CITY; AUTHORIZING
THE CITY ATTORNEY TO TAKE CERTAIN
SPECIFIED ACTIONS IN DEFENSE OF THE
CITY; RESCINDING RESOLUTION NO. 2017-
048; AND AMENDING COUNCIL POLICY 4.0
AND 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 $50,000.00,
which the City Council has determined should be increased to provide for the more efficient
processing 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"), as long as the total compensation payable under any agreement does
not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, the City Council desires to authorize the City Manager to resolve
worker's compensation claims and approves 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; and
WHEREAS, the City Council desires to expressly grant 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, as well as
to approve the City Manager's submission of grant applications and delegation of limited
contractual authority to City Executive Managers; and
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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 Two Hundred Thousand Dollars
($200,000.00), 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 Five Hundred Thousand Dollars
($500,000.00) in any five (5) year period.
2. The City Council approves and authorizes the City Manager to delegate up to
Twenty-Five Thousand Dollars ($25,000.00) of the contractual authority conveyed in
the preceding paragraph 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.
3. The City Manager is authorized to submit and ratify the submission of grant
applications on behalf of the City. In addition, 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
Two Hundred Thousand Dollars ($200,000.00).
4. 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
approves and authorizes the City Manager to delegate the authority to enter into
worker's compensation settlements and agreements to the Risk Manager, pursuant to
written guidelines issued by the City Manager.
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5. 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.
6. Council Policy 4.0 and Council Policy 4.1 are hereby amended to reflect this new
authority, attached hereto as Exhibit A and B
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. 2017-048 be, and it is
hereby, rescinded in its entirety.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this__1 3 day of April , 2021, by the following roll call vote:
AYES:Mayor Sidhu and Council Members Faessel, Diaz,
$xandman, and O'Neil
NOES:Council Members Moreno and Valencia
ABSENT:None
ABSTAIN: None
CITY • •I,t AHEIM
BY 111 ‘1111
M a,Y I 'I CI V1 OF AHEIM
AT .
CI CLE OF THE CITY OF ANAHEIM
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EXHIBIT A
City of Anaheim COUNCIL POLICY
Subject: Purchasing Procedures Policy # 4.0
Adopted Date: 08/08/78
Amended: 06/08/88
04/20/04
06/05/07
11/09/10
11/08/11(effective: 12/15/11)
04/13/21
Page (1) of(4)
Pursuant to Section 1206 of the City Charter and Sections 1.04.260 and 1.04.270 of the
Anaheim Municipal Code, the City Council hereby adopts the following rules and
regulations governing the contracting for, purchasing, storing, and distribution of supplies,
materials, equipment, and services. The term "contracts," as used herein, shall include
purchase orders. The term "bids" shall include proposals.
1. Contracts under $10,000 shall be made in accordance with procedures, as
authorized by the City Manager and implemented by the Purchasing Agent of the
City of Anaheim, unless a different procedure is established by the City Council
or the City Council expressly approves the contract.
2. Contracts in excess of$10,000 but not more than $50,000, shall be made in the
manner set forth in Section 1.04.270 of the Anaheim Municipal Code.
3. Contracts in excess of$50,000 shall be made as follows:
A. Notice inviting bids shall be published on the Internet. Bid results will be
posted on the City's website. This requirement may be waived at any time by
the City Council at its sole and absolute discretion by a duly adopted motion
of the City Council.
B. In the event a published notice, as described in paragraph 3A, is waived by the
City Council, the Purchasing Agent shall solicit at least three sealed bids
except as provided in paragraph 3D.
C. Sealed bids may be received in paper copy or secured electronic format at the
discretion of the Purchasing Agent.
D. Should a City department desire to restrict the bids to specified sources, or to
limit the purchase to a single source,justification therefore shall be presented
to the City Council for approval at the time of, or at any time prior to,
approval of the contract by the City Council.
City of Anaheim COUNCIL POLICY
Subject: Purchasing Procedures Policy # 4.0
Adopted Date: 08/08/78
Amended: 06/08/88
04/20/4
06/05/07
11/09/10
11/08/11(effective: 12/15/11)
04/13/21
Page (2) of(4)
E. The Purchasing Agent shall publicly open the bids at a time and place set forth
in the published notice or solicitation.
F. Except for those contracts specified in Paragraph 3G, award and contract shall
be made to the lowest responsible bidder who has submitted a responsive bid.
G. Bids solicited for any contract for which the criteria for evaluation and award,
asspecified in any of the bid documents, is not based solely upon monetary
costs, shall be evaluated in accordance with the criteria, as set forth in the bid
documents. The City may exercise its absolute discretion in awarding any
such contract.
H. For contracts not exceeding $100,000 in value (including the value of any
extension or renewal options specifically authorized as an expenditure in the
contract), the Purchasing Agent is authorized to execute the contract and to
bind the City without previous approval of the City Council, pursuant to
Section 1.04.260 of the Anaheim Municipal Code.
I. For contracts in excess of$100,000 in value that are not within the authority
of the City Manager, following the review and evaluation of the bids, the
Purchasing Agent shall present a recommendation to the City Council for the
award of the contract.
J. Any bid which does not conform to the minimum specifications or criteria
established by the Purchasing Agent may be considered non-responsive.
K. Irregularities in bids or proposals may be waived by the person/authority
awarding the contract to the extent permitted by law.
L. The Purchasing Agent is authorized to execute Change Orders increasing a
contract to a dollar value up to 10% more than the original bid value without
rebidding when: (i) additional product or services of a like nature that were
not foreseen by the using department at the time of bid are required by the
City of Anaheim COUNCIL POLICY
Subject: Purchasing Procedures Policy# 4.0
Adopted Date: 08/08/78
Amended: 06/08/88
04/20/4
06/05/07
11/09/10
11/08/11(effective: 12/15/11)
04/13/21
Page (3) of(4)
City; (ii) budget appropriations are available; and (iii) in the professional
opinion of the Purchasing Agent, it is in the City's best interest to do so.
4. Local Bidder Preference:
In determining the lowest responsible bidder, the bid of any suppliers located
within the City of Anaheim shall be credited with a one percent discount from the
bid amount for the portion thereof which is subject to sales tax to the extent the
City will receive a return of such tax amount.
5. Special Circumstances Requiring City Council Approval:
For procurements over $50,000, if the Purchasing Agent finds it impractical,
undesirable, or otherwise not in the City's best interest to request competitive bids
for any specific procurement or to bid the same without Internet publication, the
award recommendation and the reasons for waiving bidding or publication
requirements shall be brought to City Council for approval prior to executing the
purchase order or service agreement.
6. Applicability of Policy:
The provisions of this policy shall not apply to:
A. Any contract governed by and subject to the requirements of Section 1211 of
the Charter of the City of Anaheim.
B. Any contract for legal or other professional services, or for services governed
by the provisions of City Council Policy 4.1.
C. The procurement of supplies, materials, equipment or services for which the
Purchasing Agent is not responsible, as described in Section 1.04.310 of the
Anaheim Municipal Code.
D. Any contract made on behalf of the City by the City Manager, pursuant to the
authority set forth in Section 518 of the Charter of the City of Anaheim.
City of Anaheim COUNCIL POLICY
Subject: Purchasing Procedures Policy# 4.0
Adopted Date: 08/08/78
Amended: 06/08/88
04/20/4
06/05/07
11/09/10
11/08/11(effective: 12/15/11)
04/13/21
Page (4) of(4)
E. Any contract as to which the provisions of this policy have been waived at any
time prior to the award of the contract by a duly adopted motion of the City
Council.
F. Any contract awarded by the Purchasing Agent using pre-established
cooperative purchasing agreements, or a pre-existing contract of another
government agency, when such agreements or contracts resulted from
competitive bids that would meet the bidding requirements of City purchasing
regulations. Such agreements or contracts may be used in lieu of competitive
bidding by the City when their solicitation was for equal or greater quantities
of like items or services, purchased under similar terms and conditions, and
the Purchasing Agent determines it is in the best interest of the City to do so.
References: Ordinance Nos. 5907, 6195 & 6227
Admin Reg. 300
Previous Council Policy 306
Resolution No. 2021-
EXHIBIT B
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: 12/15/1 I)
03/07/17
04/13/21
Page (1) of(5)
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 $200,000
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: 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
Page (2) of(5)
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: 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
Page (3) of(5)
13. Intermediate Projects—Anticipated fee between $50,000 and $200,000
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.I.
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 $200,000. Contracts that exceed the City
Manager's authority shall be placed on the City Council Agenda for approval, with
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
Page (4) of(5)
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 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 $200,000, 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 $500,000 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$200,000 or less.
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
Page (5) of(5)
The award of professional consultant contracts valued over $25,000 shall be
published on the City's website.
Reference: Ordinance Nos. 6195 & 6227
Previous Council Policy 401
Resolution No. 2021-
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-031 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 13th day of April, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, and O'Neil
NOES: Council Members Moreno and Valencia
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April, 2021.
• CITY C :'K OF THE CITY OF ANAHEIM
(SEAL)