HomeMy WebLinkAboutA10 Authorization to Execute City Contracts and AgreementsCITY COUNCIL POLICY
SUBTECT: AUTHORIZATION TO EXECUTE CITY CONTRACTS NO.: A-10
AND AGREEMENTS
PURPOSE:
To establish a policy for the authorization to execute City contracts and agreements when
not approved by the City Council.
POLICY:
The schedule of authorization to execute City contracts and agreements is set forth in
Exhibit A, attached.
Exhibit A indicates categories of contracts and agreements commonly executed by the
City. The schedule includes the specific City official authorized to execute that category
of contract or agreement, depending on the dollar value of the contract or agreement
(referred to herein as "authorization'). Exhibit A shall be interpreted and applied as set
forth in this Policy.
A. Type of Contract or Agreement
The categories of contracts or agreements subject to this Council Policy are listed in
Exhibit A and further defined therein.
B. Dollar Amount
1. The dollar amounts enumerated in Exhibit A include the fair market value of
in -kind exchanges and are determined as follows:
a. For contracts or agreements with a total term of one year or less, the
total dollar amount of the contract or agreement is used to determine
the applicable authorization. Subsequent amendments to contracts
and agreements will be included in the calculation to determine the
applicable authorization. Amendments to contracts or agreements
that increase the dollar value beyond the authorization provided in
Exhibit A require City Council approval.
b. For multi -year contracts or agreements, the highest annual maximum
contract amount is used to determine the applicable authorization.
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CITY COUNCIL POLICY
SUBTECT: AUTHORIZATION TO EXECUTE CITY CONTRACTS NO.: A-10
AND AGREEMENTS
c. For all contracts or agreements other than capital improvement
projects, if the contract or agreement is paid for by multiple City
departments, the highest amount to be paid by a department shall be
used to determine the applicable authorization.
d. Capital improvement project contracts or agreements are on a project -
life basis. Regardless of the term, the total dollar value of the contract
or agreement is used to determine the applicable authorization. Due
to the nature of capital improvement projects, the dollar amount
thresholds may require different signatory authorization throughout
the life of the project.
e. Contracts or agreements that do not involve an exchange of moneys
or in -kind equivalents fall within the "No Funds" category.
2. Except for Leases of City Real Property to and from others, which shall be
determined by the annual rent amount, all other real estate transactions listed
in Exhibit A shall be based on the total value of the transaction.
3. The dollar amount values listed in Exhibit A shall increase annually at the
beginning of each fiscal year, commencing with July 1, 2025, by the April
Consumer Price Index for Urban Consumers (CPI-U) for San Francisco -
Oakland -San Jose (or its successor index), as published by the U.S.
Department of Labor (or its successor agency), and rounded up to the nearest
thousand, but in no event shall the amount decrease.
C. Authorized Citv Officials
1. The following key is used for Exhibit A:
CC - City Council
CM - City Manager
CA - City Attorney
DH - Department Head
PWD - Public Works Director
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CITY COUNCIL POLICY
SUBTECT: AUTHORIZATION TO EXECUTE CITY CONTRACTS NO.: A-10
AND AGREEMENTS
PA - Purchasing Agent
2. Approval of the City Council constitutes automatic authorization of the City
Manager, or their designee, to sign the approved contract or agreement on
behalf of the City.
3. City Manager, City Attorney, and Department Heads may designate their
authority to a representative. The designation must be in writing and filed
with the Purchasing Agent.
4. Department Heads include the City Attorney and City Clerk, or their
designee, when they procure goods or services in their capacity as a
department head.
D. City Council Approval
1. Any contract or agreement not falling within any of the categories
enumerated in Exhibit A must be approved by the City Council.
2. Where a proposed contract or agreement will require the expenditure of
funds not yet budgeted by the City Council, the City Council must
appropriate the necessary funds prior to the execution of the contract or
agreement.
3. Amendments to contracts or agreements that were originally approved by
the City Council require subsequent approval by the City Council if the
dollar amount exceeds the applicable authorization in this Policy in effect at
the time of the proposed amendment. Changes to extend the term of a
contract or agreement, update contact or noticing information, correct clerical
errors, or update standard administrative clauses that do not materially alter
the agreement do not require subsequent approval by the City Council.
4. The City Council will receive a quarterly report as an informational item on
all purchase orders issued in the previous quarter for agreements executed
pursuant to this Policy. This quarterly report shall not include any purchase
orders for contracts or agreements that qualify for protection as confidential
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CITY COUNCIL POLICY
SUBTECT: AUTHORIZATION TO EXECUTE CITY CONTRACTS NO.: A-10
AND AGREEMENTS
attorney work -product or are otherwise considered confidential and
protected from disclosure under Federal or State law.
Revised: July 1, 2026 (Exhibit A)
Revised: May 27, 2025, Resolution No. 18988 (Exhibit A)
Revised: March 26, 2024, Resolution No. 18875
Revised: September 28, 2021, Resolution No.18602 (Exhibit A)
Revised: December 4, 2018, Resolution Nos. 18280 and 18281
Revised: March 4, 2014, Resolution No. 17840
Revised: June 26, 2012, Resolution No. 17698
Revised: December 7, 2010, Resolution No. 17571
Revised: November 23, 2004, Resolution No.16945
Revised: April 9,1996, Resolution No. 15941
Revised: July 29,1992, Resolution No. 15443
Effective Date: April 26,1976, Resolution No. 10910
CNL POL
A10-CP
Page 4 of 4
EXHIBIT A
SCHEDULE OF AUTHORIZATIONS TO
SIGN CITY CONTRACTS AND AGREEMENTS
Type of Contract $.01 to $64,000.01 Greater than
or Agreement $64,000.00* to $264,000.00* $264,000.00* No Funds
1. Construction or Improvement of DH CM CC DH
Public Buildings, Works, etc. Informal Bid Informal Bide Formal Bid
(Charter Sec. 1107)X
2. Other Construction or Improve- PA PA CM PA
ment of City Facilities Informal Bid Informal Bide Formal Bid
3. Lease of Equipment or Purchase PA PA CM PA
of Supplies, Equipment, or Informal Bid Informal Bide Formal Bid
Certain Services (cumulative
value of lease term, not annual
value)
4. Acquisition of Real Property
5. Leases of City Real Property to
and from Others (value based on
annual rent)
6. Acceptance of Deeds, Deeds of
Reconveyance, Termination, and
Release of Deeds of Trust,
Easements, Dedications, or Other
Conveyances to the City
7. All other Real Property
transactions, including Deeds,
Easements, Licenses, Escrow
Instructions, etc.
See Council See Council
Policy H-1 for Policy H-1 for
property
property
acquisition:
acquisition:
CM has
CM has
authority to
authority to
enter into
enter into
agreements for
agreements for
applicable
applicable
relocation
relocation
benefits
benefits
required by
required by
City policy or
City policy or
State or
State or
Federal law
Federal law
See Council
See Council
Policy H-1 for
Policy H-1 for
property
property
acquisition:
acquisition:
CM has
CM has
authority to
authority to
enter into
enter into
agreements
agreements
for applicable
for applicable
relocation
relocation
benefits
benefits
required by
required by
City policy or
City policy or
State or
State or
Federal law
Federal law
PWD CM CM up to
$500,000; CC
Greater than
$500,000
CM CM CC
CM CM CC
Informal Bid Informal Bide Formal Bid
CM
CM
CM
CNL POL/A10-CP-Exh A Page 1 of 4 Exhibit A
Type of Contract
$.01 to
$64,000.01
Greater than
or Agreement
$64,000.00*
to $264,000.00*
$264,000.00
No Funds
8. Professional or Specialized
DH
CM
CC
DH
Services
9. Recreation Program Contracts
DH
CM
CM
DH
10. Contracts Required as a
DH
CM
CM
DH
Condition of a City Approval
11. Intergovernmental Agencies
Procurement of Goods and
PA
PA
CM
PA
Services
Contract for Professional or
DH
CM
CC
DH
Specialized Services
12. Joint Powers Agreements
CC
CC
CC
CC
13. Other Intergovernmental
CM
CM
CC
CM
Agreements Not Included in
Categories 11 or 12 Above
14. Sponsorship Agreements
DH
CM
CC
-
15. Liability Claims See Council
See Council
See Council
See Council
Policy B-5
Policy B-5
Policy B-5
Policy B-5
16. Establish Litigation Budget See Council
See Council
See Council
See Council
Policy B-5
Policy B-5
Policy B-5
Policy B-5
17. Professional, Specialized, or CA or DH CA or CM CC CA or DH
Legal Services required for legal
representation
18. Pass -Through Agreements (Non- DH CM CM DH
City Funds)
KEY: CC = CITY COUNCIL (Council approval constitutes authorization for the City Manager to sign
on behalf of the City.)
CM = CITY MANAGER or representative designated in writing.
CA = CITY ATTORNEY or representative designated in writing.
DH = DEPARTMENT HEAD or representative designated in writing. DH includes City
Attorney and City Clerk when they procure goods or services in their capacity as
department heads.
PA = PURCHASING AGENT
CNL POL/A10-CP-Exh A Page 2 of 4 Exhibit A
DEFINITIONS
Category 1: Construction or Improvement of Public Buildings, Works, etc. This category includes all
Public Works construction listed in Section 1107 of the City Charter. The bid provisions of
Section 1107 must be followed for work subject to the formal bidding process and the
provisions of City Code Section 2.200 must be followed for work subject to the informal
bidding process.
Category 2: Other Construction or Improvement of City Facilities. This category includes all
construction or improvement of City facilities not covered by Section 1107 of the City
Charter. The necessity and process for bidding for such construction or improvement is
covered by Sections 2.207 and 2.208 of the City Code.
Category 3: Lease of Equipment or Purchase of Supplies, Equipment, or Certain Services. This category
includes all acquisition of supplies or equipment and certain services, including purchases
of and services for technology and hardware not included in Categories 6 and 10, whether
by purchase or lease. The necessity and process for bidding such purchases is covered by
Sections 2.207 and 2.208 of the City Code.
Category 4: Acquisition of Real Property. This category includes the City's acquisition of any interest
in real property and is also governed by Council Policy H-1, Acquisition of Real Property.
Category 5: Leases of City Real Property to and from Others. This category includes all written leases
in which the City is the lessor, landlord, lessee, or tenant.
Category 6: Acceptance of Deeds, Deeds of Reconveyance, Termination, and Release of Deeds of Trust,
Easements, Dedications, and Other Conveyances to the City. This category is to satisfy the
legal requirements that the City certify the acceptance of any deeds, easements,
dedications, or other grants or conveyances to the City prior to their recording. For Deeds
of Reconveyance or Termination and Release of Deeds of Trust, FASD shall include an
amortization and payment schedule reflecting that no obligations exist at the time of
signature.
Category 7: All Other Real Property transactions, including Deeds, Easements, Licenses, Escrow
Instructions, etc. This category includes deeds, easements, and other conveyances and
escrow instructions and other documents relating to the transfers of real property. It does
not include leases. Informal and formal bidding is applicable to the sale of real property in
accordance with Mountain View City Code Sections 2.207 and 2.208.
Category 8: Professional or Specialized Services. This category involves obtaining professional or
specialized services, including, but not limited to, services of engineers, architects, and
specialized consultants. This category does not include professional or specialized services
for legal representation, which are included in Category 17.
Category 9: Recreation Program Contracts. This category includes the routine contracts for the
recreation program, including contracts to teach City recreation classes, referee athletic
events, etc.
Category 10: Contracts Required as a Condition of CityApproval. This category includes all contracts
and agreements required in order to satisfy a condition of a City approval. Examples
include agreements required in order to satisfy conditions imposed as part of subdivision
approvals, zoning/planning permits, building permits, and encroachment/excavation
permits.
CNL POL/A10-CP-Exh A Page 3 of 4 Exhibit A
Category 11: Other Intergovernmental Agencies. .ncies. This category includes all agreements for the
procurement of goods and services and contracts for professional or specialized services
with another governmental agency.
Category 12: Joint Powers Agreements. This category includes all joint powers agreements.
Category 13: Other Intergovernmental Agreements Not Included in Categories 11 or 12 Above. This
category includes other agreements not included in Categories 11 or 12 above. Examples
include maintenance agreements, mutual indemnity or release of indemnity agreements,
or intergovernmental joint projects whereby agencies are jointly contracting with an
outside party for services.
Category 14: Sponsorship Agreements. This category includes all sponsorship agreements.
Category 15: Liability Claims. This category includes liability claims paid by the City governed by
Council Policy B-5: Claims and Litigation.
Category 16: Establish Litigation Budget. This category includes the establishment of a litigation budget,
governed by Council Policy B-5: Claims and Litigation.
Category 17: Professional, Specialized, or Legal Services required for legal representation. This category
involves professional, special, or legal services that, in the judgment of the City Attorney,
are required to preserve the City's legal interests.
Category 18: Pass -Through Agreements (Non -Cie Funds). This category involves agreements between
(a) the City and a third -party; and (b) the City and a consultant for professional or
specialized services for the benefit of the third -party. The third -party will have advanced
funds to the City in accordance with the then adopted Master Fee Schedule, and those
funds are to be used by the City for professional or specialized services for the benefit of
the third -party. No City funds are utilized in this category.
The dollar amount values shall increase annually at the beginning of each fiscal year, commencing with July 1,
2025, by the April Consumer Price Index for Urban Consumers (CPI-U) for San Francisco -Oakland -San Jose (or
its successor index), as published by the U.S. Department of Labor (or its successor agency), and rounded up to
the nearest thousand, but in no event shall the amount decrease.
x The Public Works Director may also have authority to execute construction contracts under City Code Section
2.200 exceeding Council Policy A-10 limits.
xx Consistent with City Charter Section 1107 and City Code Sections 2.200, 2.207, and 2.208, the contract dollar value
for using the alternate or informal bidding process for Categories 1, 2, 3, and 7 shall be no higher than the
designated limit in Sections 22032(b) and 22034 of the California Public Contract Code (PCC). In 2025, the PCC
limit for the informal bid process is $220,000.
CNL POL/A10-CP-Exh A Page 4 of 4 Exhibit A