(A) A request for sealed bids may include the requirement that each bidder furnish a performance bond, in cash or otherwise, sufficient to secure the performance sought.
(B) Sealed bids shall be submitted to the City Manager or designee prior to the deadline. A time/date stamp shall be affixed to the sealed bid. Bids shall be opened in public at the time and location designated in the advertisement for bids by the City Manager or designee. A tabulation of all bids received shall be delivered to the Council at the next regular meeting or special meeting. The City Manager or designee shall report to the City Council as to whether each bid meets the City’s requirements, and shall further advise the Council regarding the award of the contract. A tabulation of all bids received shall be retained on file and shall be open to public inspection as required under state law.
(C) Awarding of contracts based upon sealed bids shall be by Council action, and the Council shall retain the right to reject any or all bids. Notice of the provisions of this section shall be included in the call for bids. In the event of the rejection of all bids received by the Council, or of partial rejection of any bid, the City Council reserves the right to direct the City Manager to negotiate the terms of a contract when such negotiation is in the best interests of the City. Final approval of any said contract shall be by City Council action.
(D) Contracts shall be awarded by the City Council to the lowest bidder, except as otherwise provided under federal law, state law, or this chapter.
(E) If two or more bids received are for the same total amount or unit price on purchases exceeding $25,000 (quality and service being equal and if the public interest will not permit the delay of re-advertising for bids), the Council may take one or more of the following actions:
(1) Except as provided in section (E)(3) below, Council may give preference to local firms as set forth in § 36.07(B). When two or more local firms are otherwise equal in their bids, Council shall determine the successful bidder by lot between the local firms;
(2) In cases where there are no bids received from local firms, Council shall determine the successful bidder by lot; or
(3) Local preference shall not apply where state or federal laws prohibit the granting of such preference or require another method for competitive bidding.
(Prior Code, § 22-6) (Ord. 15-17, passed 12-14-2015)