§ 36.70  Bidding Procedures And Exemptions
   (a)   Except in the case of exempted procurements, the city may not purchase or enter into a contract that requires an expenditure of more than five thousand dollars ($5,000) without first submitting such to competitive sealed bidding, except in the case of high technology procurements in which case the city may take competitive sealed proposals.  Exempted procurements shall include the following:
      (1)   a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the city's residents or to preserve city property;
      (2)   a procurement necessary to preserve or protect the public health or safety of the city's residents;
      (3)   a procurement necessary because of unforeseen damage to public machinery, equipment, or other property;
      (4)   a procurement for personal or professional services;
      (5)   a procurement for work that is performed and paid for by the day as the work progresses;
      (6)    a purchase of land or right-of-way;
      (7)   a procurement of items that are available from only one source;
      (8)   a purchase of rare books, papers, and other library materials for a public library;
      (9)   paving, drainage, street widening, and other public improvements, or related matters, if at least one-third (1/3) of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; and
      (10)   a public improvement project authorized by the voters for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters.
      (11)   a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; and
      (12)   personal property sold at an auction by a state licensed auctioneer, at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code, or by a political subdivision of this state, a state agency of this state, or an entity of the federal government.
   (b)   Notice of the time and place at which competitive sealed bids or proposals must be published in accordance with the provisions of V.T.C.A., Local Government Code, §§ 252.023, 252.041, and 271.025.
   (c)   Bids may be opened only by the City Council at a public meeting or by an officer or employee of the city at or in an office of the city.
   (d)   A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.
   (e)   If the competitive sealed bidding requirement applies to the contract, the contract must be awarded to the lowest responsible bidder.  In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:
      (1)   the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder;
      (2)   the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and
      (3)   the determinations are not arbitrary and capricious.
   A contract may not be awarded to a bidder who is not the lowest bidder unless before the award each lower bidder is given notice of the proposed award and is given an opportunity to appear before the governing body of the governmental entity or the designated representative of the governing body and present evidence concerning the bidder's responsibility.
   (f)   The city is entitled to reject any and all bids.