(A) Before any purchases or contracts for supplies, materials, equipment or services exceeding $15,000 are made, the Purchasing Agent shall give ample opportunity for competitive bidding. For purchases or contracts not exceeding $5,000, oral bids may be accepted. All other bids shall be in writing.
(B) All city contracts shall be awarded by competitive bidding except the following methods of source selection:
(1) Competitive sealed proposals.
(2) Negotiations after unsuccessful competitive sealed bidding.
(3) Small purchases.
(4) Sole source procurement.
(5) Emergency procurement.
(6) Procurement of information technology.
(7) Leasing of real property for governmental use.
(8) State contracts.
(9) Professional services where the person employed is customarily employed on a fee basis rather than by competitive bidding (example: appraiser, architect, engineer, auditor, legal services, physician).
(10) Based on previously awarded low bid when it is to the advantage of the city.
(C) The Council shall not exempt individual contracts, purchases or sales from the requirement of competitive bidding. However, in the event of an emergency affecting the public welfare, health or safety, or when the interruption of a project due to the need of an item or service will directly affect the efficient or orderly completion of the project, and when the normal purchasing procedures will cause an excessive delay in obtaining the needed parts and services the provisions of this section shall not apply. A full report of the circumstances of an emergency purchase shall be filed by the Purchasing Agent with the records of the transaction unless above $15,000, which shall be filed with the City Council.
(‘88 Code, § 8.403)
(D) Award to lowest bidder. The Purchasing Agent with the approval of the City Administrator shall have the authority to award contracts within the purview of this subchapter; provided, however, that contracts in excess of $15,000 that are not awarded to the lowest bidder shall be approved by City Council prior to award and that contracts under $15,000 not awarded to the lowest bidder in excess of ten percent, shall be approved by City Council, unless otherwise provided within. When the award is not given to the lowest bidder; a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the Purchasing Agent and filed with the papers relating to the transaction.
(E) Bid deposits. When deemed necessary by the Purchasing Agent, bid deposits shall be prescribed in the public notices inviting bids. Upon entering into a contract, bidders shall be entitled to return of bid deposit. A successful bidder shall forfeit any bid deposit upon failure on his part to enter into a contract within ten days after the award; provided, however, that the city, in its uncontrolled discretion, may waive this forfeiture. (‘88 Code, § 8.405)
(F) Sealed bid procedures. Procedure for sealed bids shall be as follows:
(1) Sealing. Bids shall be submitted to the Purchasing Agent securely sealed in an envelope, and shall be identified on the envelope in accordance with bid instructions.
(2) Opening. Bids shall be opened in public at the time and place stated in the public notices.
(3) Tabulation. A tabulation of all bids received shall be available for public inspection.
(4) Rejection of bids. The Purchasing Agent shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.
(5) Bidders in default to city. The Purchasing Agent shall not accept the bid of a vendor or contractor who is delinquent in the payment of taxes, license or other moneys due the city.
(6) Award of contract. Contracts shall be awarded to the lowest responsible bidder. In determining “lowest responsible bidder”, in addition to price, the Purchasing Agent shall consider:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the services required;
(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(d) The quality of performance of previous contracts or services;
(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services for which he submitted a bid;
(g) The quality, availability and adaptability of the supplies or contractual services to the particular use required;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
(i) The number and scope of conditions attached to the bid.
(7) Tie bids; local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder. If two or more of such bids are submitted by local bidders, the Purchasing Agent shall award the contract to one of the local tie bidders by drawing lots in public. If local bidders are not involved in the tie bids, the Purchasing Agent shall award the contract to one of the outside tie bidders by drawing lots in public.
(8) Performance bonds. The Purchasing Agent shall have the authority to require a performance bond before entering into a contract, in such form and amount, as he shall find reasonably necessary to protect the best interest of the city.
(9) Purchase order required. All purchases made for and on behalf of the city, except as set out within this section, shall be authorized by a purchase order issued by the Purchasing Agent.
(‘88 Code, § 8.406)
(Am. Ord. passed - - ; Am. Ord. 00-12-01, passed 12-19-00)