RES-2021-039RESOLUTION NO. 2021-039
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING CITY
COUNCIL POLICY 4.1 OF THE CITY COUNCIL
POLICY MANUAL RELATING TO THE
SELECTION OF PROFESSIONAL
CONSULTANTS TO ADD A SEVENTY -TWO-
HOUR WEBSITE POSTING REQUIREMENT
FOR CONTRACTS VALUED AT $25,000 OR
MORE
WHEREAS, by Resolution 2021-031, the City Council amended City Council
Policy 4.1 entitled "Selection of Professional Consultants" of the City Council Policy Manual;
and
WHEREAS, the City Council now desires to further amend City Council Policy
4.1 to provide additional transparency measures by requiring contracts valued at $25,000 or more
to be published on the City's website within 72 hours after an agreement is finalized and
requiring notification to the City Council once an agreement has been posted.
Anaheim that:
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Section 1. Council Policy 4.1 is hereby amended to reflect that contracts valued at
$25,000 or more be published on the City's website within 72 hours after an agreement is
finalized and requiring notification to the City Council once an agreement has been
posted. Amended Policy 4.1 is attached hereto as Exhibit A. Other than this addition to
Council Policy 4.1, the remainder of the Policy remains in full force and effect as set
forth in Resolution 2021-031.
Section 2. This Resolution shall be effective immediately upon adoption.
1
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 27th day of April , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia,
and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY Of— ANAHEIM
Bye — -
MA� " O R OF TH C: Cl OF ANAHEIM
EST.
CITY CLE K OF THE CITY OF ANAHEIM
City of Anaheim
Subject: Selection of Professional
Consultants
COUNCIL POLICY
Policy #
Adopted Date:
Amended:
Page (1) of (5)
EXHIBIT A
4.1
08/28/79
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
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
Affected departments shall prepare a Request for Proposals (RFP) and
invite a minimum of five (5) qualified firms to submit proposals.
City of Anaheim
Subject: Selection of Professional
Consultants
COUNCIL POLICY
Policy #
Adopted Date:
Amended:
Page (2) of (5)
4.1
08/28/79
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
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
Subject: Selection of Professional
Consultants
COUNCIL POLICY
Policy #
Adopted Date:
Amended:
4.1
08/28/79
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
Page (3) of (5)
B. 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, a -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:
City of Anaheim
Subject: Selection of Professional
Consultants
COUNCIL POLICY
Policy #
Adopted Date:
Amended:
Page (4) of (5)
4.1
08/28/79
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
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
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.
City of Anaheim COUNCIL POLICY
Subject: Selection of Professional Policy #
Consultants Adopted Date:
Amended:
(5) of (5)
Reporting:
4.1
08/28/79
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
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.
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: Orcinance 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. 2021-039 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of April, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia,
and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of May. 2021.
--CiTY CL RK OF THE CITY OF ANAHEIM
(SEAL)