§ 34.44  SEALED BID POLICY.
   (A)   Sealed bids shall be required by the purchasing agent by mailing a copy of the specifications or requirements to such qualified vendors as may be known to the purchasing agent or the agent's designee, by filing a copy of the request with the office of the City Clerk, and posting on the city's website.
   (B)   Unless fixed by the Commission, the purchasing agent shall prescribe the amount of any security to be deposited with any bid and, in the case of construction contracts, the amounts of labor and material or performance bond to be required of the successful bidder. Such security shall be in the form of a certified or cashier's check or bond written by a surety company authorized to do business in the state, or a non-revocable letter of credit issued by a banking institute.
   (C)   Bids shall be opened in public at the time and place designated in the bid notice. Bids may be opened by the purchasing agent, the City Clerk or their respective designee and at least one other city employee. Within a reasonable period, not to exceed seven business days following the opening, the bids shall be examined, tabulated, and available for public inspections.
   (D)   The tabulation of the bids shall be submitted to the Commission at the next regular Commission meeting. The Commission, in its discretion, may accept the lowest competent bid, reject any or all bids, or determine the lowest bid(s) to be unsatisfactory and award to the next competitive bidder.
   (E)   If in the Commission's discretion, the award is not made to the lowest bidder, the resolution awarding the contract shall state reasons for not accepting the low bid.
   (F)   After the opening of such bids, such bids may not be withdrawn without forfeiture of the bid deposit. Deposits of security accompanying bids shall be retained until the contract is awarded and signed, except deposits from bidders not awarded the contract shall be returned within three business days following Commission action.
   (G)   If any successful bidder fails or refuses to enter into the contract awarded within ten business day after being notified of such award, or should they fail to file any bond required within the same time, the deposit accompanying their bid shall be forfeited to the city and the Commission may, in its discretion, award the contract to the next lowest bidder.
(Ord. 199, passed 7-14-2014)