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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 • 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. 2 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. // // // // // // // // 3 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 4 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)