-1-
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2024
A R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW AMENDING CITY COUNCIL POLICY A-10, AUTHORIZATION TO EXECUTE
CITY CONTRACTS AND AGREEMENTS
WHER
EAS, various amendments have previously been made to certain sections of Council Policy A-10 (Policy), the last substantive revision was made on December 10, 2010, and revisions are necessary to account for the impact of inflation over time and to ensure the City is applying the best contracting policies; and
WH
EREAS, on December 6, 2023 and January 30, 2024, the Council Finance Committee (CFC) considered and discussed proposed modifications to Council Policy A -10 to incorporate updates that memorialize current contract and agreement practices of the City, modernize the P olicy to include annual inflation increases in authorization thresholds , to align authorization levels with other Bay Area jurisdictions that are similar in size and operations to the City, and other cleanup and minor modifications; and
WHER
EAS, a t the January 30, 2024 CF C meeting, the CF C recommended approval of proposed amendments to Council Policy A-10 for City Council consideration; now, therefore, be it
RESO
LVED: that the City Council of the City of Mountain View amends City Council Policy A-10, Authorization to Execute City Contracts and Agreements, as set forth in Exhibit A; and be it FU
RTHER RESOLVED: that this Policy shall be effective immediately. – – – – – – – – – – –
AM/4/RESO
502-01-08-24r
Exhibit: A. Council Policy A-1 0
Attachment 1
CITY COUNCIL POLICY
SUBJECT:
AUTHORIZATION TO EXECUTE CITY CONTRACTS
AND AGREEMENTS
NO.: A-10
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 o f 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 a mendments 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.
CITY COUNCIL POLICY
SUBJECT:
AUTHORIZATION TO EXECUTE CITY CONTRACTS
AND AGREEMENTS
NO.: A-10
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 use d 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) fo r 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 City 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
CITY COUNCIL POLICY
SUBJECT:
AUTHORIZATION TO EXECUTE CITY CONTRACTS
AND AGREEMENTS
NO.: A-10
PA – Purchasing Agent
2. Approval of the City Council constitutes automatic authorization of the City Manager, or their de signee, 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 o f the proposed amendment . C hanges 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
CITY COUNCIL POLICY
SUBJECT:
AUTHORIZATION TO EXECUTE CITY CONTRACTS
AND AGREEMENTS
NO.: A-10
attorney work- product or are otherwise considered confidential and protected from disclosure under Federal or State law.
Revised: March 26, 2024, Resolution No.
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
EXHIBIT A
CNL POL/A10-CP-Exh A Page 1 of 4 Exhibit A
SCHEDULE OF AUTHORIZATIONS TO
SIGN CITY CONTRACTS AND AGREEMENTS
Type of Contract
or Agreement
$.01 to
$60,000.00*
$60,000.01
to $250,000.00*
Greater than
$250,000.00*
No Funds
1. Construction or Improvement of
Public Buildings, Works, etc.
(Charter Section 1107)×
DH
CM
Informal Bid
CC
Formal Bid
DH
2. Other Construction or Improve-
ment of City Facilities
PA
Informal Bid
PA
Informal Bid
CM
Formal Bid
PA
3. Lease of Equipment or Purchase
of Supplies, Equipment, or
Certain Services (cumulative
value of lease term, not annual
value)
PA
Informal Bid
PA
Informal Bid
CM
Formal Bid
PA
4. Acquisition of Real Property
See Council
Policy H-1 for
property
acquisition:
CM has
authority to
enter into
agreements for
applicable
relocation
benefits
required by
City policy or
State or
Federal law
See Council
Policy H-1 for
property
acquisition:
CM has
authority to
enter into
agreements for
applicable
relocation
benefits
required by
City policy or
State or
Federal law
See Council
Policy H-1 for
property
acquisition:
CM has
authority to
enter into
agreements
for applicable
relocation
benefits
required by
City policy or
State or
Federal law
See Council
Policy H-1 for
property
acquisition:
CM has
authority to
enter into
agreements
for applicable
relocation
benefits
required by
City policy or
State or
Federal law
5. Leases of City Real Property to
and from Others (value based on
annual rent)
PWD
CM
CM up to
$500,000; CC
greater than
$500,000
CM
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.
CM
CM
Informal Bid
CM
CM
Informal Bid
CC
CC
Formal Bid
CM
CM
CNL POL/A10-CP-Exh A Page 2 of 4 Exhibit A
Type of Contract
or Agreement
$.01 to
$60,000.00*
$60,000.01
to $250,000.00*
Greater than
$250,000.00*
No Funds
8. Professional or Specialized
Services
DH CM CC DH
9. Recreation Program Contracts
DH CM CM DH
10. Contracts Required as a
Condition of a City Approval
DH CM CM
DH
11. Intergovernmental Agencies
Procurement of Goods and
Services
PA PA CM PA
Contract for Professional or
Specialized Services
DH CM CC DH
12. Joint Powers Agreements
CC CC CC CC
13. Other Intergovernmental
Agreements Not Included in
Categories 11 or 12 Above
CM
CM
CC
CM
14. Sponsorship Agreements
DH
CM
CC
-
15. Liability Claims
See Council
Policy B-5
See Council
Policy B-5
See Council
Policy B-5
See Council
Policy B-5
16. Establish Litigation Budget See Council
Policy B-5
See Council
Policy B-5
See Council
Policy B-5
See Council
Policy B-5
17. Professional, Specialized, or
Legal Services required for legal
representation
CA or DH CA or CM CC CA or DH
18.Pass-Through Agreements (Non-
City Funds)
DH CM CM DH
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 the 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 3 of 4 Exhibit A
DEFINITIONS
Category 1: Construction of Improvements of Public Buildings, Works, etc. This category includes all Public Works construction listed in Section 1107 of the City Charter. The forma l bid provisions of Section 1107 must be followed for such work.
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 for bidding for such construction or improvement is covered by Sections 2.79 and 2.80 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.
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 requirem ents 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 Dee ds, 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 bidd ing 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 n ot 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 . Thi s 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 City Approval. 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 4 of 4 Exhibit A
Category 11: Other Intergovernmental Agencies . 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 intergover nmental joint projects whereby a gencies 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-City 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.
× The Public Works Director may also have authority to execute construction contracts under City Code Section
2.200 exceeding Council Policy A-10 limits.