§ 37.09  AWARD OF CONTRACT.
   (A)   The City Manager is empowered to award contracts on behalf of the city within the purview of this subchapter, which are for less than $20,000. Except as otherwise provided herein, the Mayor and City Council shall award all other contracts.
   (B)   Contracts subject to bidding requirements shall be awarded to the lowest responsible bidder as determined at the sole discretion of the city. In determining the lowest possible bidder, the city shall consider the following as well as other criteria:
      (1)   The ability, capacity and skill of the bidder to perform the contract or provide the service required;
      (2)   The ability of the bidder to perform the contract within the proposed schedule for completion;
      (3)   The capacity of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
      (4)   The character, integrity, reputation, judgment, experience and efficiency of the bidder including but not limited to past performance record; default under previous contracts, whether or not such contracts were with the city; competency; and failure to pay or satisfactorily settle all bills due for labor and material on former contracts;
      (5)   The quality of performance of previous contracts or services;
      (6)   The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
      (7)   The sufficiency of the financial resources and financial ability of the bidder to perform the contract or service;
      (8)   The quality, availability and adaptability of the supplies, machinery, plant or other equipment or contractual services to the particular use required;
      (9)   The ability of the bidder to provide future maintenance and service for the use of the subject of the contract, including guarantees; and
      (10)   Whether the bidder is entitled to local preference as set forth in this subchapter.
   (C)   When the award is not recommended to be given to the lowest bidder, a statement of the reasons for such award recommendation shall be prepared.
   (D)   Nothing set forth herein shall prohibit the city from negotiating a lower price than the lowest responsible bidder.
(Ord. 01-2010, passed 6-8-2010)