Belmont Municipal Code Div. 1 General Provisions

All expenditures by the city for supplies, services, equipment and public construction projects controlled by the city, shall be made only in accordance with and pursuant to the provisions of this chapter.

(Ord. No. 992, § 1, 7-22-03)

A purchasing control system for the city is hereby adopted in order:

(a) To secure those items set out in section 2-100 at the lowest possible cost commensurate with quality requirements;

(b) To ensure effective financial control over expenditures;

(c) To clearly define authority and accountability for the purchasing function;

(d) To minimize the written documentation, administrative actions, and expense of processing purchase transactions;

(e) To assure the quality of purchases made on behalf of the city; and

(f) To facilitate accurate forecasting and planning of department needs and expenditures.

(Ord. No. 992, § 1, 7-22-03)

The definitions in this section apply to the words and phrases use in this chapter unless the context clearly indicates otherwise.

Bidders list means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use.

Capital improvement project means any public improvement undertaken by the city, including the construction or reconstruction in whole or in part of any building, plant, structure, road, park or other facility necessary in carrying out the activities of the city government. Capital improvement project shall have the same meaning as "public project" defined in California Public Contracts Code Section 20161.

Contract authority means either the city council or the city employee to whom the council has delegated authority to select contractors or enter into contracts on behalf of the city.

Contractual services means any and all telephone, gas, water, electric light and power service; towel, window washing and cleaning service; insurance and fidelity bonds; leases for all grounds, buildings, offices or other space required by the using departments; the rental or maintenance of equipment, machinery and other city owned or operated personal property; and contracts for labor required by the city but not furnished by its own employees.

Department or using department means any of the departments or other organizational units of the City of Belmont.

Emergency means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

Emergencies shall include, but not limited to, an unforeseen disruption of an essential service, a malfunction in machinery resulting in disruption of the public service, or unforeseen delays by contractors or transportation and unanticipated volumes of work.

Government Purchasing Alliances (GPA's) means collective purchasing power leverage savings on competitive bid contracts.

Open market means providing the general public the opportunity to participate in a property sale, purchase, lease, disposal or other transaction.

Over-the-counter means no specific purchasing requirements are prescribed, but competitive bidding should be used whenever practical. Bid award may be made by department using voucher or purchase order.

Personal property means all property not defined herein as real property.

Personal services means the service of accountants, attorneys, physicians, architects, engineers, consultants, and other individuals or organizations possessing a high degree of technical skill or specialized service.

Public project construction means both a "public project" as defined by California Public Contract Code Section 22002 and all works of construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility (including plants, buildings, structures, ground facilities, utility systems, real property, streets and highways, or other public work improvements).

Public notice means posting of required bid solicitations on a public bulletin board in a manner prescribed by the purchasing officer and mailing of notice to a reasonable number of vendors.

Purchasing officer means the finance director or the employee designated by the city manager to be responsible for the purchasing system.

Real property means land and that which is affixed to, incidental to, or appurtenant to land, including that which is defined as real property pursuant to Section 658 of the Civil Code.

Responsible bid means a responsive offer submitted on forms approved by purchasing officer by a responsible bidder in conformity with the specifications, delivery terms, and conditions and other requirements included in the invitation for bids.

Responsible bidder means a bidder who submits a responsible and responsive bid, who has furnished, when requested, information and data to establish possession of the financial resources, production or service facilities, service reputation and experience adequate to make satisfactory arrangements for the supplies, materials, or equipment bid for, or to complete any capital improvement bid for, and who has not violated, or attempted to violate, any provisions of this chapter.

Safe harbor means a purchasing conduit which has been pre-certified by the purchasing officer.

Supplies, materials and equipment means any and all articles or things furnished to or used by any department, including any and all printing, binding or publication of stationary, forms, laws, journals and reports.

Unclaimed property means any and all property in the possession of the police department for which no claim or demand has been made and property for which no owner has been found.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 1074, § 1, 12-10-13; Ord. No. 2020-1145, § 5, 2-11-20; Ord. No. 2024-1179, § 2, 7-23-24)

The finance director shall be the purchasing officer. Functions, powers and duties of the purchasing officer shall be established by council resolution.

(Ord. No. 992, § 1, 7-22-03)

Pursuant to the provisions of this chapter the purchasing officer or designee shall approve and implement a manual of purchasing policies and procedures. All departments shall follow the purchasing policies and procedures manual.

(Ord. No. 992, § 1, 7-22-03)

All departments shall expend money for those items set forth in section 2-100 only in such a manner, at such times, and by submission of such purchase documents as the purchasing officer or designee shall prescribe. The city attorney shall approve all forms that contractually bind the city.

(Ord. No. 992, § 1, 7-22-03)

(a) Purchase of supplies and equipment shall be by bid procedure except for those set by council resolution which may be procured at the discretion and judgment of the purchasing officer in a manner consistent with the best interests of the city.

(b) The selection of contractors to perform public project construction shall comply with the Uniform Public Construction Cost Accounting Act ("UPCCAA") commencing at Public Contract Code Section 22000, as it may be amended from time to time, the provisions of this article applicable to public project construction, and all applicable requirements of state and federal law including all provisions of the Public Contract Code applicable to local agency public works contracts not in conflict with the UPCCAA.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 1074, § 2, 12-10-13; Ord. No. 2024-1179, § 3, 7-23-24)

(a) The bid procedures, including the open market purchasing procedures in Division 2 and the formal contracting procedures in Division 3, of this article do not apply to contracts involving the acquisition of personal services and contractual services. Whenever the cost of the work to be performed is of an estimated value in excess of the amount in section 2-29(c), selection of providers for such services will be made by an evaluation of proposals solicited from capable providers and subject to approval by the city council. This section does not prohibit the city manager from requiring proposals for work with an estimated cost of less than the council specified amount if, in the discretion of the city manager, selection based upon the evaluation of proposals would better serve the interests of the city. Evaluation of best value may be determined on factors other than price, including contractor reliability, expertise, availability, timeliness of delivery and operating efficiency.

(b) The city attorney is authorized to execute any legal services contract on behalf of the city whenever the city council has delegated to the city attorney such authority by resolution, motion, minute order or other appropriate council action, the contract is in writing, and is covered by sufficient unencumbered funds appropriated in the adopted budget. Legal services contracts include, but not be limited to, contracts for the services of attorneys, experts and investigators.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 2024-1179, § 4, 7-23-24; Ord. No. 2025-1190, § 3, 9-23-25)

If any department purchases or contracts for any supplies, materials, equipment or services contrary to the provisions of this chapter or to the rules and regulations made hereunder, such purchase or contract shall be void and of no effect. The person responsible for making such purchase transaction shall be personally liable for the costs of such purchase or contract, and, if already paid for out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefore.

It is unlawful for any department to split its requirements for supplies, materials, equipment and services into lesser amounts in order to evade the provisions of that section.

(Ord. No. 992, § 1, 7-22-03; Ord. No. 2024-1179, § 5, 7-23-24)