Beverly Hills Municipal Code Art. 2 Purchasing of Supplies, Equipment and Services

This article shall govern the purchase and contracting of supplies and equipment and services. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

Level 1 purchases and contracts may be awarded by the head of the department for which the purchase is made and is authorized without competitive bidding. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

A. Level 2 purchases and contracts may be awarded by the Purchasing Agent and shall require competitive written bidding. Bids shall be solicited and received in writing through an electronic bidding platform, or an alternative method from a minimum of three (3) sources or the open solicitation of bids as set forth in the rules and regulations adopted by the Director pursuant to this chapter.

B. The Purchasing Agent shall award the purchase of supplies, equipment or services to the lowest responsible bidder, or shall reject all bids for the purchase, after the receipt of bids from those who respond to the solicitation, The Purchasing Agent may waive any irregularities or informalities in any bid or bidding.

C. The Purchasing Agent may waive the requirement to solicit written bids if the equipment or supplies are available from only one source as set forth in section 3-3-112(H) of this chapter and may solicit only two (2) bids if the equipment or supplies are available from only two (2) sources.

D. Upon determining that conformance with the procedures set forth in this article would be contrary to the best interests of the City or upon determining that compliance with the procedures would be impractical, the Purchasing Agent may waive, in writing, any or all of the requirements of this section. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

A. Level 3 purchases and contracts may be awarded by the city manager and shall require competitive written bidding as follows:

1. Bid specifications shall be prepared and written notices soliciting written bids shall be disseminated by an electronic bidding platform, or an alternative method from a minimum of three (3) sources or the open solicitation of bids as set forth in the rules and regulations adopted by the Director pursuant to this chapter. Such notices shall include the closing date of the bid.

2. Bids shall be submitted to the electronic bidding platform or an alternative method in writing and must be received prior to the bid closing date and time. Bids shall not be reviewed until the date and time designated in the bid specifications.

B. With regard to the purchase of supplies, equipment or services, the city manager shall award the purchase to the lowest responsible bidder, or shall reject all bids. The city manager may waive any irregularities or informalities in any bid or bidding.

C. The city manager may waive the requirement to solicit bids if the equipment or supplies are available from only one source as set forth in section 3-3-112(H) of this chapter and may solicit only two (2) bids if the equipment or supplies are available from only two (2) sources.

D. Upon determining that conformance with the procedures set forth in this article would be contrary to the best interests of the City or upon determining that compliance with the procedures would be impractical, the city manager may waive, in writing, any or all of the requirements of this section. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

A. Level 4 purchases shall be awarded by the city council and shall require competitive written bidding as follows:

1. Bid specifications shall be prepared, and notices inviting written bids shall be solicited by an electronic bidding platform, or an alternative method from a minimum of three (3) sources or the open solicitation of bids as set forth in the rules and regulations adopted by the Director pursuant to this chapter.

2. Bids shall be submitted in writing to the Electronic Bidding Platform or an alternative method as set forth in the rules and regulations adopted by the Director pursuant to this chapter, and must be received prior to the bid closing date and time. Bids shall not be reviewed until the date and time designated in the bid specifications.

B. With regard to the purchase of supplies, equipment or services, the city council shall award the bid to the lowest responsible bidder, or shall reject all bids. The city council may waive any irregularities or informalities in any bid or bidding.

C. The city council may waive the procedures required by this section if the city council determines that the equipment or supplies are available only from one source as set forth in section 3-3-113 of this chapter and may send a notice inviting bids to only two (2) prospective bidders if the city council determines that the equipment or supplies are available from only two (2) sources.

D. Upon determining that conformance with the procedures set forth in this article would be contrary to the best interests of the City or upon determining that compliance with the procedures would be impractical, the city council may waive, by motion or resolution, any or all of the requirements of this section. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

In lieu of the purchasing and bid procedures set forth in this article, the following alternative purchasing procedures may be used in the discretion of the Purchasing Agent for the purchase of supplies, equipment or services in excess of Level 1 department head purchases.

A. Purchases from the California department of general services, pursuant to California Government Code section 54205, or the successor statute thereto.

B. Purchases from any joint powers agency or any agency with which the City has entered into a joint powers agreement for purchase of equipment or supplies; provided that the city manager determines that the item can likely be obtained at a cost which is less than the City could likely obtain through the purchasing procedures set forth in this article.

C. Purchases of supplies, equipment or services where competitive bid procedures have already been utilized, such as purchases from federal, state or county governments, including, state of California agencies, counties, cities, joint power agencies, special districts, and nonprofit agencies whose main purpose is to assist cities or other public entities, and the supplies or equipment are supplied to the City at the same or better price, as was obtained through the competitive bid procedures of that entity. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

A. In case of a locally declared emergency or if the city manager determines there is an emergency situation, the city manager, the assistant city manager or the director of emergency services, is authorized to expend City funds without limitation on amount and without following the purchasing or bidding procedures otherwise required by this article. An emergency purchase shall be limited to those supplies, equipment or services necessary to satisfy the emergency need.

B. Expenditures made during a locally declared emergency, or in an emergency situation as determined by the city manager must be reported to the city council at the next regular council meeting if approval for such expenditures would otherwise have been made by the city council.

C. As used in this section, an "emergency situation" is defined as an urgent unforeseen situation that threatens life, property or the general public health and safety.

D. The Director shall, subject to approval by the city manager, promulgate rules and regulations to implement emergency purchasing practices that comply with state and federal law. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)