120City of Anaheim Administrative Regulation
CHAPTER 1 - ADMINISTRATIVE
Subject: Execution and A.R. 120
Administration of Agreements Issue Date: June 17, 1991
Revised: Aug. 2, 1995
Sept. 17, 2003
June 1, 2011
Oct. 2, 2013
May 6, 2021
January 29, 2025
Page (1) of (5)
Purpose:
The purpose of this regulation is to establish a policy concerning the execution and
administration of agreements other than public works construction contracts and purchasing
agreements.
Procedure:
Agreement Approval:
The City Manager may enter into and amend agreements, provided the agreement is in
conformance with Council Policies. If the total compensation payable under the agreement
does not exceed $200,000, City Council approval is not required. If the compensation
payable under an agreement exceeds $200,000, it 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 agreement
or amendment that causes this monetary threshold to be exceeded will be placed on the City
Council Agenda for approval.
Pursuant to City Council Authorization the City Manager has delegated authority to each
Executive Manager (Department Head) to enter into, ratify and amend agreements on behalf
of the City in conformance with Council Policies provided i) the total compensation payable
under any such agreement, or amendment, does not exceed $25,000 and ii) the total
compensation payable does not exceed $75,000 in any five (5) year period. This authority
does not extend to agreements for the purchase of supplies or materials, which must be
processed through the Purchasing Agent or City Manager under Anaheim Municipal Code
Section 1.04.240. For minor projects within their authority, Department Heads shall comply
with the provisions of Council Policy 4.1, which includes contacting at least three (3)
qualified consultants and requesting proposals prior to entering into an agreement.
City of Anaheim Administrative Regulation 120
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Any department that uses the service of a consultant or service provider shall present the
terms of the proposed agreement or amendment to the City Attorney so that the City
Attorney can properly document the agreement of the parties. Once an agreement has been
finalized, the City Attorney will transmit the agreement to the responsible department who
shall make arrangements to obtain signatures of the other parties on one (1) original
agreement/amendment prior to submitting the original agreement/amendment with all
applicable insurance/bond documents to the City Attorney for final approval. Once
"Approved as to Form" by the City Attorney, the City Attorney shall transmit the approved
documents to the responsible department for submission to the City Council or City Manager
for consideration, if applicable.
The responsible department will transmit the executed agreement to the appropriate entity for
approval. Transmittals shall include the following information:
CITY COUNCIL
1. Staff report according to A.R. 105.
2. One (1) original agreement/amendment (executed by the consultant/other party(ies),
"Approved as to Form" by the City Attorney and containing a signature line for City
Clerk attestation).
3. Insurance documentation (certificates/endorsements) and bonds, "Approved as to
Form" by the City Attorney.
CITY MANAGER
1. Agreement Summary Form* for City Manager approval (found on the Insider;
Attachment A).
2. One (1) original agreement/amendment (executed by the consultant/other party(ies),
"Approved as to Form" by the City Attorney and containing a signature line for City
Clerk attestation).
3. Insurance documentation (certificates/endorsements) and bonds, "Approved as to
Form" by the City Attorney.
*Agreement Summary Forms must be signed by the Department Head. Department Heads
may delegate signature authority to a manager by submitting written authorization to the City
Manager.
Agreements/Amendments approved and executed by the Mayor, City Manager or Department
Head and attested by the City Clerk shall be submitted to the City Clerk's Office, who will
retain the original. The City Clerk's Office will process and distribute an electronic copy of an
agreement/amendment, upon verification of insurance compliance. The department
responsible for administering the contract shall forward one fully executed copy of the contract
to the consultant/other party(ies).
City of Anaheim Administrative Regulation 120
Page (3) of (5)
The City Clerk will send a monthly insurance expiration report to each department advising of
the consultants who have not yet completed insurance requirements or required renewals.
The Contract Administrator shall notify the City Clerk's Office within thirty (30) days of
expiration/termination and completion of agreement.
Web Posting:
When the City Manager approves a professional service agreement valued over $25,000, the
City Manager's Office will post this information within 72 hours of the agreement being
finalized to the City's Professional Services Agreement web page along with notification to
the City Council.
When a Department Head executes a contract, it must be logged in the City's database to
facilitate annual reporting to the City Council.
Compliance with the web posting provisions is not necessary when the City Council has
authorized the City Manager or a Department Head to execute a specific agreement for a
specific amount during a City Council meeting. However, information on all executed
agreements must be submitted to the City Manager's Office as noted above.
Tracking and Monitoring:
Once the agreement is executed, the responsible department will record a signed copy of the
agreement, along with all pertinent information and supporting documents within the City's
Contract Management System to enable tracking and reporting, and to allow eventual
payments against the agreement. The City's Finance Department will review all new
contracts to ensure proper recording of approved agreements and to establish payment
methods for invoices against the agreement. Payments for services may only be issued for
agreements registered within the Contract Management System.
It is the responsibility of the contract administrator, or designee, to review and monitor
consultant activities to ensure complete performance of their agreements, track funding
availability, and verify the accuracy and completeness of invoices submitted, as applicable,
to the deliverables and/or milestones specified in the agreement.
Responsibility:
It shall be the responsibility of Department Heads to negotiate and administer agreements
dealing with their department functions. The responsible department shall take all
reasonable steps to ensure agreements include the following, as applicable:
1. A clear description of services to be performed or the problem to be solved. (If a
problem cannot be clearly delineated, the department must consider whether the
City of Anaheim Administrative Regulation 120
Page (4) of (5)
problem is sufficiently understood or if the use of a consultant is appropriate). The
agreement must specifically identify in realistic terms what the consultant is to
accomplish, including any desired approach to the problem; practical, policy,
technological, and legal limitations; specific questions to be answered; the manner in
which the work is to be done; a description of the items to be delivered and measurable
results they are required to achieve; the format and number of copies to be made of
the completed reports; and the extent and nature of the assistance and cooperation that
will be available to the consultant from the City.
2. Time schedules, including dates for commencement of performance and submission
of progress reports, if any, and date of completion.
Manner of progress payments, whether and to what extent they will be allowed, and,
if appropriate, known or estimated budgetary limitations on the contract price.
4. Dispute resolution clause that outlines the steps to be taken by each party in the event
a dispute arises.
5. Subcontractor usage clause that requires City's written approval prior to a consultant
using a subcontractor.
6. Final meeting requirements between the contractor and department management,
when the contractor is to present his or her findings, conclusions, and
recommendations, when applicable.
7. Final report requirements that require the consultant to submit a comprehensive final
report, when applicable.
It shall be the responsibility of each responsible department to monitor and enforce compliance
of insurance requirements for each agreement overseen by their department. This includes
recording expiration dates of insurance in the City's Contract Management System and
submitting renewal documents to ensure continuous coverage throughout the term of the
agreement.
As deemed appropriate, or per the request or recommendation of the offices of the City
Manager, Internal Audit, City Attorney, Finance or Risk Management, responsible
departments shall request to perform periodic compliance audits and reviews of contractors'
financial records.
Where the departments are authorized to execute agreements, it shall be the responsibility of
the department to provide, each month, a listing of all such agreements to the City Manager's
Office, which shall be retained for reporting purposes.
Attachments:
A. Agreement Summary Sheet for Agreements Executed by the City Manager (to be
submitted with agreements for professional services to be signed by the City Manager)
City of Anaheim Administrative Regulation 120
Page (5) of (5)
B. Agreement Award and Tracking Summary (to be used only when the agreement has
been signed by an authorized Department Head and the value does not exceed $25,000)
These forms may be modified from time to time. The most current version will always be
posted on the Insider.
ATTACHMENT: A
City Manager
Agreement Summary Sheets
Please allow a minimum of 5 business days for all requests to be processed. This timeline is necessary to
ensure adequate review. Requests seeking to be processed in less than 5 business days may result in delays.
Information submitted in these forms will be posted on the City's website and placed on the monthly list
of Professional Services Agreements executed by the City Manager. The monthly list is presented to the
City Council at the second Council Meeting of each month (effective October 24, 2023).
Table of Contents
COVER SHEET FOR AGREEMENTS EXECUTED BY THE CITY MANAGER .................................................... 3
REQUIRED. The cover sheet must be completed and submitted along with the applicable agreement form. Please ensure
that the Department Head reviews and approves the forms before submitting to the City Manager's Office.
The City Manager is authorized by the City Council (April 27, 2021) to execute, ratify and amend contracts and agreements
where the compensation payable under the contract does not exceed $200,000. If the compensation payable under an
agreement exceeds $200,000, it shall be placed on the City Council agenda for approval. If the combined fees payable to a
consultant under multiple contracts (citywide) exceed $500,000 during any five (5) year period, the contract will be placed
on the City Council agenda for approval.
AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENTS..........................................................................5
If the fees for the renewed contract do not exceed $200,000, the City Manager may execute the contract. 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.
SOLE -SOURCE AGREEMENTS.........................................................................................................................................6
The City Manager's Authority to enter into agreements where the consultant is selected without receiving multiple
proposals is up to $50,000. Any agreement valued at over $50,000 that did not solicit multiple proposals must be
approved by the City Council. Departments must state why a contract is not subject to bid.
City Executive Managers (department heads) are authorized to execute, ratify, and amend contracts involving fees of
$25,000 or less if proposals are solicited. The City Manager is authorized to waive this requirement if the department head
demonstrates that there were not three (3) qualified consultants available to submit a proposal. All $25,000 department
head sole -source agreements must obtain approval/waiver from the City Manager if proposals were not solicited.
GRANTAGREEMENTS.......................................................................................................................................................7
The City Manager is authorized to submit and ratify submissions of grant applications on behalf of the City and 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 $200,000.
SHORT-TERM LEASE/LICENSE AGREEMENTS........................................................................................................7
The City Manager is authorized to enter into License Agreements or similar instruments allowing for the temporary use of
a real property asset owned by the City. The term of the agreement shall not exceed one (1) year and should include
payment of a reasonable license fee as determined by the City Manager. The City Manager may waive the license fee if the
proposed use of the real property is for the benefit of a City department, project, or program.
AGREEMENTS APPROVED BY CITY COUNCIL........................................................................................................7
Agreements approved by the City Council shall be submitted to the City Clerk's Office. The City Manager's Office will only
present agreements to the City Manager for signature if all necessary signatures have been obtained. The City Manager
must be the final signature before the agreement is returned to the City Clerk's Office for attestation.
LL�lj I Agreement #:
,� COVER SHEET FOR AGREEMENTS EXECUTED
���-i BY THE CITY MANAGER
This cover sheet must be completed and submitted along with the applicable agreement form, agreement, and any other
supporting documentation. Please allow a minimum of 5 business days for your request to be processed. This timeline is
necessary to ensure adequate review. Requests seeking to be processed in less than 5 business days may result in delays.
Department Information
Department:
Contractor Administrator:
Name Phone Number
Reviewed and approved by:
Director's Name
Submitted to CMO on:
Date
Contractor/Vendor Information
Business Name:
Description of services to be provided (please be specific):
Budget Information
Was this agreement anticipated in the approved budget: Yes No
If NO, please explain:
What is the funding source:
General Fund Restricted
Name of Fund
Other
Director's Signature
CMO USE ONLY
Received on: Reviewer:
Date Name
Review completed on: _ Signed by CM on: _ _ _ Review Initials:
Date Date
Agreement #:
NEW PROFESSIONAL SERVICES AGREEMENT
A. Is this the first time the City has entered into an agreement with this contractor within the last 5 years:
Yes No
i. If YES, please enter the value of the proposed Agreement with the contractor including all
optional renewals and when it will expire:
(Value of Proposed Agreement) (Expiration Date)
*The City Manager's authority is $200,000 annually or $500,000 during any five-year period for the some consultant.
B. List all other contracts the City has entered into with this consultant in the last five (5) years, including a
description of each contract and its value and the cumulative value of all contracts with that consultant
Contract Description
AGR #
Date Authorized by
City Manager or
City Council
Value
1.
$
2.
$
3.
$
4.
$
Proposed Contract that you are requesting to be signed today (Total):
*If the value of the proposed contract exceeds $200,000, the agreement must be approved by the City Council.
$
Cumulative Total of all contracts, including the proposed contract:.
$ 0.00
C. Are there renewal options? If so, specify:
(i.e. with an option to renew for three additional one-year renewals for a cumulative NTE of $____)
D. Did the department solicit proposals from a minimum of three (3) qualified consultants:
Yes No
ii. If YES, how many proposals were received: (enter quantity)
iii. If NO, please go to page 6 and fill out the sole source agreement waiver sheet
4
Agreement #:
AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENT
A. Please explain what is being amended:
Term Extension
NTE Amount Increase
*If NTE Amount Increase amendment is requested, please answer Question B.
Other (e.g. clerical change, scope of work)
B. If your department is requesting an increase in the NTE amount, please list all other contracts the City has
entered into with this consultant in the last five (5) years, including a description of each contract and its
value and the cumulative value of all contracts with that consultant.
Contract Description
AGR #
Date Authorized by
City Manager or
City Council
Value
1.
$
2.
$
3.
$
4.
$
Proposed Contract that you are requesting to be signed today (Total):
*If the total value of the proposed contract exceeds $200,000, the agreement must be approved by the City Council.
$
Cumulative Total of all contracts, including the proposed contract:
$ o.00
i. Did you solicit bids when you entered into the previous agreements:
Yes No
*The City Monaaer's Authority to enter into oareements where the consultant is selected without soliciting bids is up to $50,000. Any
agreement valued at over $50,000 that did not solicit multiple proposals must be approved by the City Council.
If NO, please attach the approved sole -source waiver signed by the City Manager to this sheet.
If NO and approved by the City Council, please attach the staff report to this sheet and provide
the Council meeting date below:
Council Date:
Agreement #:
SOLE -SOURCE AGREEMENT
A. Explain why you are requesting a sole -source waiver to utilize the consultant without receiving bids:
B. If this contract is not subject to bid, state why:
C. Please check the box below to confirm you are requesting a sole -source waiver to be approved by the City
Manager:
Yes
Approved by City Manager:
D. Is this the first time the City has entered into an agreement with this contractor within the last 5 years:
Yes No
iv. If YES, please enter the value of the proposed Agreement with the contractor and when it will expire:
(Value of Proposed Agreement including all optional renewals) (Expiration Date)
E. List all other contracts the City has entered into with this consultant in the last five (5) years, including a
description of each contract and its value and the cumulative value of all contracts with that consultant
Contract Description
AGR #
Date Authorized by
City Manager or City
Council
Value
1.
$
2.
$
3.
$
4.
$
Proposed Contract that you are requesting to be signed today (Total):
*If the total value of the proposed contract exceeds $50,000, the agreement must be approved by City Council.
$
Cumulative Total of all contracts, including the proposed contract:
$ 0.00
E. Are there renewal options? If so, specify:
(i.e. Option to renew for three additional one-year terms for a cumulative NTE of $.... J
Agreement #:
GRANTAGREEMENT
Grant Amount:
Name of Grant:
Granting Agency:
What will this grant funding be used for?
SHORT-TERM LEASE/LICENSE AGREEMENT
Name of contracting entity:
Property Address:
What is the intended use for:
How long is the term of use:
Please explain any fees related to this agreement:
AGREEMENTS APPROVED BY CITY COUNCIL
Agreements approved by the City Council shall be submitted to the City Clerk's Office. The City Manager's
Office will only present agreements to the City Manager for signature if all necessary signatures have been
obtained. The City Manager must be the final signature before the agreement is returned to the City Clerk's
Office for attestation.
XNAff f JAI
;� �-�; ATTACHMENT B
AGREEMENT AWARD AND TRACKING SUMMARY
FOR AGREEMENTS EXECUTED BY DEPARMENT HEADS
WITH GENERAL AUTHORIZATION FROM THE CITY COUNCIL
DATE:
TO: CITY MANAGER/CITY CLERK
FROM:
SUBJECT/TITLE:
1. DOLLAR AMOUNT OF THE AGREEMENT:
2. FUNDING SOURCE:
3. EFFECTIVE DATES OF THE AGREEMENT:
4. CONTRACT ADMINISTRATOR:
Name
Ext.
5. AUTHORITY FOR DEPARTMENT HEAD TO EXECUTE (Council Resolution or other
authorization and Date):
6. SUPPORT DOCUMENTS INCLUDED (if City Clerk's attestation is required):
❑ Agreement: Submit signed original
Insurance and Endorsements Required:
❑ General Liability
❑ Workers' Compensation
❑ Professional Liability
❑ Automobile Liability
❑ Endorsements
❑ Purchase Order: Submit one copy (if required)
SPECIAL INSTRUCTIONS: