(a) Council Authority to Reject Bids and Proposals. Council may accept or reject all bids and proposals or part of all bids and proposals for any one or more supplies or contractual services when the public interest will be served thereby.
(b) Lowest Responsible Bidder or Submitter of Proposal. Contracts, if awarded, shall be awarded to the lowest responsible bidder or submitter of proposal. A contractor who is in default on the payment of taxes, license fees, or other moneys due the City shall not be considered a lowest responsible bidder. In determining lowest responsible bidder or submitter of proposal, the purchasing agent and Council shall consider, in addition to price:
(1) The ability, capacity, and skill of the bidder or submitter of proposal to perform the contract or provide the service required;
(2) Whether the bidder or submitter of proposal can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) The quality or performance of previous contract or services;
(4) The previous and existing compliance by the bidder or submitter of proposal with laws and ordinances relating to the contract or service;
(5) The sufficiency of the financial resources and ability of the bidder or submitter of proposal to perform the contract or provide the service;
(6) The ability to secure sufficient bonding and insurance as required;
(7) The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
(8) The ability of the bidder or submitter of proposal to provide future maintenance and service for the use of the subject of the contract; and
(9) The number and scope of conditions attached to the bid or proposal.
(c) Tie Bids or Proposals.
(1) Local vendors. The City has a responsibility to its residents to obtain the maximum value for each public dollar spent. Therefore, if two or more bids or proposals received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder or request submitter. If two or more local vendors have submitted equal bids or requests for proposals, unit price, quality, and service being equal, the award of the contract shall be to one of the bidders or proposal submitters by drawing lots in public.
(2) Outside vendors. If there are no local bidders or submitters of proposals, the award of the contract shall be to one of the bidders or proposal submitters by drawing lots in public.
(d) Performance Bonds. The purchasing agent may require a prospective contractor or supplier to post a performance bond before entering into a contract with the City or at any time during the contract in such amount as seems reasonably necessary to protect the best interests of the City.
(Ord. 2016-01. Passed 4-11-16.)