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ATT 2 - Existing Council Policy A-10 and Exhibit A (redlined)

Mountain View City Council
March 26, 2024

Document
ATT 2 - Existing Council Policy A-10 and Exhibit A (redlined)
Meeting
March 26, 2024
Body
Mountain View City Council
Pages
5
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

CITY COUNCIL POLICY
SUBJECT: AUTHORIZATION TO EXECUTE CITY CONTRACTS

AND AGREEMENTS AND INCREASE CERTAIN

LIMITED APPROPRIATIONS
NO.: A-10

Page 1 of 24 ends

PURPOSE:

To establish a general policy for the authorization to execute City contracts and agreements and increase certain limited appropriations related to grants, donations, and reimbursed expenditureswhen not approved by the City Council.

POLICY:

The schedule of authorization to execute City contracts and agreements , and to increase appropriations related to grants, donations, and reimbursed expenditures is as set forth in Exhibit A, attached.

The attached schedule Exhibit A indicates 18 categories of contracts and agreements commonly executed by the City , one category related to reimbursed services, and one category related to grants and donations. The letters CC, CM, DH, CA, or PA after each category indicate the . 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”) . E xhibit A shall be interpreted and applied as set forth in this Policy.

A. Type of Contract or Agreement
The categories of contracts, or agreements, or financial 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 Attachment 2

CITY COUNCIL POLICY

SUBJECT:

AUTHORIZATION TO EXECUTE CITY CONTRACTS

AND AGREEMENTS AND INCREASE CERTAIN

LIMITED APPROPRIATIONS

NO.: A-10

Page 2 of 24 ends

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.

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. The letters “CC” indicate specific approval by the City Council. 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, comm encing 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 City Officials

CITY COUNCIL POLICY

SUBJECT:

AUTHORIZATION TO EXECUTE CITY CONTRACTS

AND AGREEMENTS AND INCREASE CERTAIN

LIMITED APPROPRIATIONS

NO.: A-10

Page 3 of 24 ends

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
PA – Purchasing Agent

1.2.Approval of the City Council constitutes automatic authorization toof the City Manager , or his/hertheir designee, to sign the approved contract or agreement on behalf of the City.

3. The letters “CM” indicate City Manager or his/her , City Attorney, and Department Heads may designate their authority to a representative designated. The designation must be in writing. The letters “DH” indicate a City and filed with the Purchasing Agent.

2.4.Department Heads include the City Attorney and City Cl erk, or their designee, when they procure goods or services in their capacity as a department head or his/her representative designated in writing. The letters “PA” indicate the Purchasing Agent.

D. City Council Approval

1. Any contract or agreement or grants, donations, and reimbursed expenditures not not falling within any of the 18 categories is toenumerated in Exhibit A must be presented toapproved by the City Council for approval. .

1.2.Where a proposed contract , or agreement, or financial transaction will require the expenditure of funds not yet budgeted by the City Council, a request for athe City Council appropriation ofmust appropriate the necessary funds is to be made prior to the execution of the contract , or agreement, or financial transaction.

CITY COUNCIL POLICY

SUBJECT:

AUTHORIZATION TO EXECUTE CITY CONTRACTS

AND AGREEMENTS AND INCREASE CERTAIN

LIMITED APPROPRIATIONS

NO.: A-10

Page 4 of 24 ends

The delegated authority for increasing appropriations for grants and donations not previously budgeted is limited to the Finance and Administrative Services Director and the City Manager at the levels indicated in Exhibit A, and includes the authority to credit such moneys to the appropriate fund which received the grant or donation and to increase appropriations in the department and fund that was the recipient of the grant or donation. Additionally, all grant and donation moneys received would be continuously appropriated until expended.

The delegated authority for increasing appropriations for reimbursed services not previously budgeted is limited to the Finance and Administrative Services Director and the City Manager at the levels indicated in Exhibit A, and includes the authority to accept reimbursement moneys for unbudgeted expenditures incurred by the City and credit such reimbursement moneys to the appropriate fund which incurred the cost.

3. Amendments to contr acts 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 . 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 attorney work -product or are otherwise considered confidential and protected from disclosure under Federal or State law.

CITY COUNCIL POLICY

SUBJECT:

AUTHORIZATION TO EXECUTE CITY CONTRACTS

AND AGREEMENTS AND INCREASE CERTAIN

LIMITED APPROPRIATIONS

NO.: A-10

Page 5 of 24 ends

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 5 Exhibit A

SCHEDULE OF AUTHORIZATIONS TO

SIGN CITY CONTRACTS AND AGREEMENTS

AND INCREASE APPROPRIATIONS FOR GRANTS, DONATIONS,

AND REIMBURSED EXPENDITURES

Type of Contract
or Agreement

Up$.01 to
$2060,000**.00

Over $20
$60,000.01
to
$100250,000**.
00 Over
$100Greater
than
$250,000**.00

No Funds

1. Construction or Improvement of
Public Buildings, Works, etc.
(Charter Sec.tion 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
110% of the
appraised
value for an
authorized
project
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 to $500,000

CM up to
$500,000; CC
overgreater
than $500,000

CM
CNL POL/A10-CP-Exh A Page 2 of 5 Exhibit A

Type of Contract
or Agreement

Up$.01 to
$2060,000**.00

Over $20
$60,000.01
to
$100250,000**.
00 Over
$100Greater
than
$250,000**.00

No Funds

6. TransferAcceptance of Real
Property, Including 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

7. Acceptance of Deeds, Easements,
Dedications, or Other
Conveyances to City

CM CM CC CM

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
Nos.Categories 11 or 12 Above

CM

CM

CC

CM

14. Sponsorship Agreements

DH

CM

CC

-

CNL POL/A10-CP-Exh A Page 3 of 5 Exhibit A

Type of Contract
or Agreement

Up$.01 to
$2060,000**.00

Over $20
$60,000.01
to
$100250,000**.
00 Over
$100Greater
than
$250,000**.00

No Funds

15. Increase to Appropriations for
Grants and Donations not
Previously Budgeted

15. Liability Claims

DH**
See Council
Policy B-5
CM
See Council
Policy B-5
CC
See Council
Policy B-5
-
See Council
Policy B-5

16. Increase to Appropriations for
Reimbursed Expenditures not
Previously Budgeted

16. Establish Litigation Budget
DH**
See Council
Policy B-5
CM
See Council
Policy B-5
CC
See Council
Policy B-5
-
See Council
Policy B-5

17. Liability Claims

17. Professional, Specialized, or
Legal Services required for legal
representation
-CA or DH CA or CM and
CA***
CC -CA or DH

18. Developer Deposits Received

18.Pass-Through Agreements (Non-
City Funds)
-DH CM CCCM -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 representati ve 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

NOTE: Contracts and agreements or grants, donations or reimbursed expenditures not covered by the schedule are to be presented to the City Council for approval.

Amounts pertain to annual operating budgets with the exception of capital improvement projects which are on a project life basis.
_______________________
* Indexed to 2011 dollars.
** Authority limited to Finance and Administrative Services Director. *** Authority limited to City Manager and City Attorney concurring authority.

CNL POL/A10-CP-Exh A Page 4 of 5 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 formal bid provisions of Section 1107 must be followed for such work.

Category 2: Other Co nstruction 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 technol ogy and hardware not followingincluded in Categories 76 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: Transfers of Real Property. This 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 7: Acceptance of Deeds, 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.

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 City Approval. This category includes all contracts and agreements require d in order to satisfy a condition of a City approval. Examples

CNL POL/A10-CP-Exh A Page 5 of 5 Exhibit A

would beinclude agreements required in order to satisfy conditions imposed as part of subdivision approvals, Development Review approvals, PC permits, Conditional Usezoning/planning permits, building permits, and encroachment/excavation permits.

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 Nos.Categories 11 or 1 2 Above.

This category includes other agreements not included in Nos.Categories 11 or 12 above.

Examples may be include maintenance agreements , mutual indemnity or release of indemnity agreements, or intergovernmental 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: Grants and Donations . This category includes all grants and donations received by the City.

Category 16: Reimbursed Expenditures. This category includes all moneys received by an outside entity for the purpose of reimbursing the City for goods or services not budgeted.

Category 17: Liability Claims . This category includes liability claims paid by the City governed by Council Policy B-5: Liability Claims Procedureand Litigation.

Category 18: Developer Deposit Received16: Establish Litigation Budget . This category includes advances provided the establishment of a litigation budget, governed by developers to payCouncil Policy B-5: Claims and Litigation.

Category 17: Professional, Specialized, or Legal Services required for project-relatedlegal representation. This category involves professional, special, or legal services and requeststhat, 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 approve appropriations of the funding advancesthe 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.

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