All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed ten thousand dollars ($10,000.00), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals. All sales of personal property which has become obsolete and unusable, when the estimated value shall exceed ten thousand dollars ($10,000.00), shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals.
   A.   Notice Of Inviting Bids:
      1.   Newspaper: Notice of inviting bids shall be published once in at least one official newspaper in the city, at least five (5) days preceding the last day set for the receipt of proposals. Such notice shall include a general description of such services and supplies and shall state where bidding information may be secured and the time and place of opening bids.
      2.   Bidder's List: The purchasing specialist shall also solicit sealed bids from all responsible vendors who have requested their names be added to the bidder's list which the purchasing specialist shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. Invitations sent to such vendors shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which invitations are sent.
   B.   Bid Deposits: Bid deposits or bid bonds shall be required on all contracts with the dollar amount in excess of ten thousand dollars ($10,000.00) except for maintenance contracts, or contracts which require the provision of materials. Bid bonds or bid deposits are not required for contracts with the dollar amount less than ten thousand dollars ($10,000.00), but said bonds or deposits may be required, at the discretion of the city manager. When bid bonds or bid deposits are required, said requirement shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety pursuant to the requirements set forth in the public notice inviting bids. Further, a successful bidder may be required to forfeit any surety required by the city upon failure on such bidder's part to enter a contract within fifteen (15) days after the award of said contract, or as is otherwise required in the bidding documents.
   C.   Bid Opening Procedures:
      1.   Sealed Bids: Bids shall be submitted sealed to the purchasing specialist and shall be identified as bids on the envelope.
      2.   Opening: Bids shall be opened in public at the time and place stated in the public notice.
      3.   Tabulation: Tabulation of all bids received shall be available for public inspection and shall be furnished to all bidders.
   D.   Award Of Contract:
      1.   Lowest Responsible Bidder: Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the purchasing specialist shall consider:
         a.   The ability, capacity, and skill of the bidder to perform the contract or provide the service 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 of the bidder with laws and ordinances relating to the contract or service.
         f.   The sufficiency of the financial resources and ability of the bidder to perform the contract or service.
         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.
         j.   Preference shall be given to the purchase of supplies, materials and equipment from local merchants.
      2.   Local Bidder Preference: For purchases in excess of ten thousand dollars ($10,000.00), if: a) the lowest bidding local vendor is a responsible bidder; and b) the lower responsible bidders are not local vendors; and c) the lowest bidding local vendor's bid is higher than the nonlocal vendor by no more than two percent (2%) or two thousand dollars ($2,000.00), whichever is less, then that local vendor shall be the lowest responsible bidder. This provision shall not be applied to a contract if the funding source prohibits it through law, rule, or regulation. For purposes of this section, "local vendor" means a vendor whose principal place of business is located within the city limits of Carbondale, Illinois.
      3.   Award To Other Than Low Bidder: When the award is not given to the low bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing specialist and filed with the other papers related to the transaction.
      4.   Tie Bids:
         a.   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 a local bidder.
         b.   Outside Vendors: Where subsection D4a of this section is not in effect, the purchasing specialist shall award the contract to one of the tie bidders by drawing lots in public.
      5.   Performance Bonds: The purchasing specialist shall have the authority to require a performance bond, before entering a contract, in such amount as he shall find necessary to protect the best interests of the city.
   E.   Exceptions To Formal Contract Procedure: The "formal contract procedure" as defined in this section is not required in the following cases:
      1.   Where the goods or services to be procured are economically procurable from only one source, such as contracts for telephone service, electrical energy and other public utility services, books, pamphlets, and periodicals and specially designed business and research equipment and related supplies.
      2.   Where the services required are for professional or artistic skills pursuant to a written contract.
      3.   In emergencies involving public health, public safety, or where immediate expenditure is necessary for repairs to city property in order to protect against further loss or damage to city property or to prevent or minimize serious disruption in city services. Where funds of this nature are expended in an emergency by purchase, contract, or otherwise, the city council shall be notified of the expenditure and the justification of such expenditure.
      4.   Contracts for the maintenance, servicing, or provision of repair parts for equipment which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance or servicing can be best performed by the manufacturer or authorized service agent or when such contract would otherwise be advantageous to the city.
      5.   Purchases and contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software or services; telecommunications and interconnect equipment; software or services, or any contract for photocopying machines, supplies or service.
      6.   Where the goods or services are procured from other governmental agencies.
      7.   Any contract for goods, services or supplies when it is determined to be in the best interests of the city by a vote of two-thirds (2/3) of the council members present, but at least four (4) votes are required. (Ord. 2012-20)