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Etowah, TN Code of Ordinances
ETOWAH, TENNESSEE CODE OF ORDINANCES
OFFICIALS of the CITY OF ETOWAH, TENNESSEE
ADOPTING ORDINANCE
CHARTER FOR THE CITY OF ETOWAH, TENNESSEE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 34.38 SUBMISSION, IDENTIFICATION, OPENING AND TABULATION OF BIDS.
   Bids shall be submitted sealed to the purchasing officer and shall be identified as bids on the envelope. Such bids shall be opened in public at the time and place stated in the public notices, and a tabulation of all bids so received shall be posted on the bulletin board in city hall for public inspection.
(1994 Code, § 5-409) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.39 REJECTION OF BIDS.
   The City Manager shall have and hereby is granted the authority to reject or award any or all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby, except that the award of any bid in excess of $8,000 must be submitted to the City Commission for approval.
(1994 Code, § 5-410) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015; Ord. 882, passed 7-25-2022)
§ 34.40 BIDS NOT TO BE ACCEPTED FROM PERSON IN DEFAULT ON PAYMENTS DUE CITY.
   The purchasing officer shall not accept the bid of any vendor or contractor who is in default on the payment of any taxes, licenses, fees or other moneys of whatever nature that may be due the city by such vendor or contractor.
(1994 Code, § 5-411) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.41 CONSIDERATIONS IN DETERMINING LOWEST RESPONSIBLE BIDDER.
   In determining the lowest responsible bidder, as referred to in § 34.32, the purchasing officer shall consider:
   (A)   The ability, capacity and skill of bidder to perform the contract or provide the services 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 by the bidder with laws and ordinances relating to the contract of service;
   (F)   The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the 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; and
   (I)   The number and scope of conditions attached to the bid.
(1994 Code, § 5-412) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.42 STATEMENT WHEN AWARD NOT GIVEN LOW BIDDER.
   When the award for a bid item of less than $5,000 is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing officer and shall be given to the City Commission.
(1994 Code, § 5-413) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.43 AWARD IN CASE OF TIE BIDS.
   (A)   If all bids received are for the same total amount or unit price, quality and service being equal, the contract or purchase order shall be awarded to a local bidder.
   (B)   Where a local vendor has not bid or where his or her bid is not one of the lowest tie bids, the purchasing officer shall award the contract to one of the tie bidders by drawing lots in public.
(1994 Code, § 5-414) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.44 PERFORMANCE BOND.
   The purchasing officer may and hereby is granted authority to require a performance bond, before entering a contract, in such amount as he or she shall find reasonably necessary to protect the best interests of the city.
(1994 Code, § 5-415) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
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