RESPONSIBLE CITY AGENCY: Finance Division, Community and Economic Development Division, and City Attorney’s Office
KEYWORDS: Contract, signature, sign, signing
1. General
1.1 The execution of a contract by any person in accordance with this policy shall constitute that person’s certification that they have read and are familiar with the terms and conditions of the agreement and have complied with Section 1 of this policy.
1.2 Department Directors and/or their designees are responsible for personally reviewing and approving the terms and conditions of all contracts.
1.3 All necessary insurance, bonds, or permits must be in place prior to the execution of the contract.
1.4 The City Attorney’s office is responsible for approving contracts “as to form.”
1.5 Definitions:
A. Approval “as to form”: Certifying that a contract is in a legally correct format and appears to be commercially reasonable.
2. Mayoral Signature
2.1 Except for matters in which the Mayor may have a conflict of interest and may recuse him or herself and designate another, the Mayor shall sign:
A. All interlocal agreements;
B. All documents relating to the acquisition or disposition of real property, except as provided in paragraphs 3.5, 3.6, and 3.7 of this policy;
C. All bond documents related to the raising of money; and,
D. All contracts which may appear to alter City policy.
The forgoing documents may also be signed in the Mayor's absence by any Deputy Mayor properly so designated by the Mayor from time to time.
3. Delegation of Authority
3.1 The Mayor delegates to each Department Director the authority to execute contracts, amendments, and change orders on behalf of the City and within the administrative purview of the person executing the contract.
3.2 Each Department Director will designate an individual or individuals to execute contracts, amendments, and change orders for the department. Such individuals must have Authorized Signature Cards on file in the Finance Department with a copy to the Recorder’s Office (form attached).
3.3 Department Directors can delegate signature authority to their employees in three categories: up to and including $10,000; over $10,000 and up to and including $50,000; and over $50,000.
3.4 The Chief Procurement Officer will sign all agreements for commodities or services pertaining to more than one department.
3.5 The Airport Director, or the individual or individuals delegated as described in this section, will sign all airport ministerial contracts, including hanger and other property leases, telephone agreements, federal grant applications, offers for grants, and concession agreements. Ministerial agreements do not include the sale of property, the alienation of fee interest in property, or pledges of real property as security or collateral.
3.6 The Public Utilities Director, or the individual or individuals delegated as described in this section, will sign all Public Utilities property leases, interlocal permits, utility agreements, and revocable permits.
3.7 Each Department Director, or the individual or individuals delegated as described in this section, may sign leases, revocable permits and similar documents relating to City property within their administrative purview. The Property Manager may sign revocable permits and ministerial closing documents. The Director of the Housing and Neighborhood Development Department may sign real estate agreements, deeds, security instruments, certificates of completion, subordination agreements, and any related ministerial documents, if such agreements, instruments, certificates, deeds, and documents pertain specifically to residential real estate transactions conducted under the City’s Housing Program. Nothing in Section 3 of this policy shall be construed as authorizing any of the persons identified in Section 3 to sign deeds, easements, or any other documents which permanently convey any interest in real property, or which pledge an interest in real property as security or collateral, where such deeds, easements, or documents involve transactions unrelated to residential real estate transactions conducted under the City’s Housing Program.
4. Filing by City Recorder
4.1 No contract will become effective unless it is countersigned and filed with the City Recorder.
4.2 The City Recorder will not countersign or file contracts unless:
A. The Department of Finance indicates in writing that the necessary funds are available and have been encumbered, or that no funds are required; or for contracts payable from the Airport or Public Utilities enterprise funds, the Airport or Public Utilities departments indicate in writing that the necessary funds are available and encumbered or that no funds are required; and,
B. The City Attorney has approved the contract in writing “as to form.”
5. Reporting to Mayor
5.1 Department Directors are responsible for reporting the execution of all significant contractual and non-contractual matters to the Mayor.
CURRENT REFERENCES: Procurement -- Commodities and Services policy
Competitive Sealed Proposals policy
Procurement Protests policy
Contract Development policy
Procurement administrative rules
PRE-1995 REFERENCES: City policy 2.01.400, 3.02.202
Approved:
Effective Date Signed by the Mayor April 7, 2014
ORIGINAL EFFECTIVE DATE: December 7, 2000
DATE THE ORIGINAL POLICY WAS APPROVED: December 7, 2000
REVISED: November 18, 2003
July 27, 2010
April 7, 2014
AUTHORIZED SIGNATURE CARD
DEPARTMENT
NAME:______________________________________
Signature Authorization Level ( ) Up to and including $10,000
(Check only one) ( ) Over $10,000 and up to and
including $50,000
( ) Over $50,000
Able to sign in Department Head’s Absence: ( ) Yes ( ) No
Effective Date: _________________________________
NAME OF INDIVIDUAL: ________________________________
(Please print or type)
AUTHORIZING SIGNATURE OF INDIVIDUAL: ____________________________
INITIALS OF INDIVIDUAL: _______________________
NAME OF INDIVIDUAL BEING REPLACED:___________________________
AUTHORIZED: __________________________________
Department Head
This signature card applies to all financial documents including: Voucher Requests,
Requisitions, Interdepartmental Billings, Journal Entries, Budget Revisions, Contract Payments, Wire Transfers, Payroll Registers and Payroll Time Checks, Written Contracts, Contract Amendments and Change Orders.
HB_ATTY-#37347-v2-1-01-03_Delegation_of_Contract_Signature_Authority.DOCX