BEVERLY
HILLS
AGENDA REPORT
Meeting Date: January 9, 2025
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE REGARDING PUBLIC
CONTRACT BID LIMITS
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
THE BEVERLY HILLS MUNICIPAL CODE REGARDING PUBLIC CONTRACT BID LIMITS.”BACKGROUND
At its meeting of December 10, 2024, the City Council conducted a first reading and introduced this ordinance.
DISCUSSION
State law sets the maximum value of public works contracts that can be negotiated or informally bid. State law has recently been amended to increase these maximum values. This ordinance amends Beverly Hills Municipal Code 33-301 to increase the limits for negotiating or informally bidding public works projects to match the limitscreated by AB 2192.
B0785-0001\3059936v 1 .doc
E-9
Meeting Date: January 9, 2025
FISCAL IMPACT
This amendment to the Municipal Code will have no material fiscal impact. However, it will make contracting for some public works projects more efficient.
Laurence S. Wiener
City Attorney
Approved By
B0785-0001\3059936v1 .doc
Attachment 1
ORDINANCE NO. 25-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
REGARDING PUBLIC CONTRACT BID LIMITS
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council hereby amends and restates Section 3-3-301 (“CONTRACTS FOR PUBLIC PROJECTS”) of Article 3 (“PUBLIC WORKS CONTRACTS”), of Chapter 3 (“PURCHASING, PUBLIC WORKS CONTRACTS AND DISPOSITION OF PROPERTY”) of Title 3 (‘TAXATION, FINANCE, PURCHASING, AND RISK MANAGEMENT”) to read as follows:
“3-3-301: CONTRACTS FOR PUBLIC PROJECTS:
The following procedures shall govern the award of contracts for public projects:
A. Public Projects Of Seventy-Five Thousand Dollars Or Less: Public projects of seventy-five thousand dollars ($75,000.00) or less, may be performed by City employees, may be awarded by negotiated contract, or may be awarded by purchase order. A contract or purchase order shall require competitive written bidding as described in section 3-3-202 of this chapter unless the Purchasing Agent determines that a different competitive bidding procedure is in the best interest of the City. In such case, the Purchasing Agent may solicit written bids as provided in section 3-3-203 of this chapter or solicit written bids as provided in section 3-3-204 of thischapter.
B. Public Projects Of More Than Seventy Five Thousand Dollars, But Less Than Or Equal To Two Hundred Twenty Thousand Dollars: Public projects of more than seventy-five thousand dollars ($75,000.00), but less than or equal to two hundred twenty thousand dollars ($220,000.00), shall require competitive written bidding as described in this subsection.
1. Bid specifications shall be prepared and notices inviting bids shall be solicited as set forth in subsection B2 of this section.
2. All notices inviting bids shall be sent to: a) the construction trade journals specified in California Public Contract Code section 22036, or b) a list of qualified contractors, identified according to categories of work and which has been developed in compliance with the criteria issued by the California Uniform Construction Cost Accounting Commission, or c) both, unless the supplies, equipment or services are proprietary. Such notices shall be sent not less than ten 80785-0001\3029516v2.doc
(10) calendar days before bids are due. The notices shall describe the project in general terms, how to obtain more detailed information regarding the project, and the time and place for the submission of bids.
If all bids received are in excess of two hundred twenty thousand dollars ($220,000.00), the city council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract at two hundred thirty five thousand dollars ($235,000.00) or less, to the lowest responsible bidder, without complying with the bidding procedures set forth in subsection C of this section, provided that the city council determines that the cost estimate of the project was reasonable.
C. Public Projects Of More Than Two Hundred Twenty Thousand Dollars: Public projects of more than two hundred twenty thousand dollars ($220,000.00) shall require competitive writtenbidding. A notice inviting bids shall be published and sent in compliance with the provisions of California Public Contract Code section 22037, or the successor statute thereto. In addition, bidplans and working details shall be adopted by the city council for all public projects exceeding two hundred twenty thousand dollars ($220,000.00).
D. Bid Requirements: When written bids are requested, the bids shall be submitted to the electronic bidding platform or an alternative method in accordance with the Public Contract Code and as set forth in the rules and regulations adopted by the Director pursuant to this chapter and shall not be opened until the time and place designated in the bid specifications.
Bids must be received prior to the bid deadline to be considered.
E. Award: When bids are solicited, the appropriate Contracting Officer or the city council shall award the bid to the lowest responsible bidder, or reject all bids pursuant to PublicContract Code section 22038, or its successor statute. The Contracting Officer or the city council may waive any irregularities or informalities in any bid or bidding”.
Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
Section 3. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
-2-
B0785-0001\3029516v2.doc
Section 4. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 am. on the thirty-first (31st) day after its passage.
Adopted:
Effective:
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
_____________________________(SEAL)
HUMAAHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
-3-
80785-0001\3029516v2.doc