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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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§ 34.40 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)
§ 34.45 RECORDS OF BIDS.
   The purchasing officer shall keep a record of all open market orders and the bids submitted in competition thereon, including a list of the bidders, the amounts bid by each, and the method of solicitation and bidding, and such records shall be open to public inspection.
(1994 Code, § 5-416) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.46 DIVISION OF PURCHASES OR CONTRACTS TO AVOID REQUIREMENTS OF SUBCHAPTER.
   In determining the amount of a purchase or contract for the purposes of this subchapter, the entire purchase price of the goods bought and the total amount of charges for work done under a contract shall be considered. No contract or purchase shall be subdivided to avoid the requirements of this subchapter pertaining to purchases or contracts of $2,500 or more.
(1994 Code, § 5-417) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
§ 34.47 OFFICERS AND EMPLOYEES NOT TO HAVE FINANCIAL INTEREST.
   No purchase shall be made from nor any contract for purchase of services made with any officer or employee of the city or any firm or corporation in which any officer or employee of the city is financially interested. No officer or employee of the city shall accept, directly or indirectly, any fee, rebate, money or other thing of value from any person employed by or doing business with the city, except on behalf of and for the use of the city.
(1994 Code, § 5-418) (Ord. 404, passed 9-9-1985; Ord. 457, passed 10-4-1990; Ord. 775, passed 6-22-2015)
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