Purchases requiring sealed bids in accordance with this chapter shall adhere to the following procedures.
(A) Notice inviting bids. Notice inviting bids shall be published in one of the following manners at least ten calendar days preceding the last day set for receipt of the proposals. The notice shall include a general description of the articles to be purchased, where bid blanks and specifications may be obtained, and the time and place for the public opening of the bids.
(1) Electronic Internet posting. A commonly accessible Internet site; accessible without direct charge to the bidder.
(2) Newspaper. A newspaper or publication of general circulation in the city.
(3) Bidders’ List. The Purchasing Agent may solicit sealed bids from all responsible suppliers who have requested their names to be added to a “bidders’ list” which the Purchasing Agent shall maintain, by sending them a copy of the newspaper notice or such other notice as will acquaint them with the proposed purchase.
(4) Bulletin board. The Purchasing Agent may also advertise all pending purchases by a notice posted on the public bulletin board in the Civic Center.
(B) Bid deposits. When deemed necessary by the Purchasing Agent, bid deposits shall be prescribed in the bid specifications. Unsuccessful bidders shall be entitled to the return of their deposit or surety. A successful bidder shall forfeit any deposit or surety required upon failing to enter into a contract within ten days after the award, or other such time frame at the discretion of the city.
(C) Bid opening procedures.
(1) Signed and sealed. All bids must be signed by an authorized official of the bidding entity. Bids shall be submitted sealed to the Purchasing Agent by the appointed time and date, and shall be identified as bids on the envelope. Bids submitted by electronic mail must be identified as bids in the subject field.
(2) Opening. Upon request, bids shall be opened in public and read aloud at the time and place stated in the public notices.
(3) Tabulation. A tabulation of all bids received shall be made part of the public record, and, if required by this chapter, submitted to the City Council along with the appropriate recommendation.
(D) Rejection of bids. The Council shall have the authority to reject all bids or parts of bids for any one or more supplies, materials, or services included in the proposed contract, when the public interest will be best served thereby.
(E) Award of contract. The Council shall award contracts or bids within the purview of this section to the LOWEST RESPONSIBLE BIDDER, as defined in this division. In determining the lowest responsible bidder, the Council shall consider the following factors which are of equal importance with no one factor being more important than any other factor.
(1) The amount of the bid including, if applicable, any adjustments after application of the city-based business preference.
(2) The ability, capacity, and skill of the bidder to perform the contract or provide the services.
(3) Whether the bidder can perform the contract promptly or within the time specified without delay.
(4) The character, integrity, reputation, experience, and efficiency of the bidder.
(5) The quality of performance of previous contracts or services.
(6) Previous or existing compliance by the bidder with laws and ordinances relating to the service of contract; sufficiency of the bidder’s financial resources to perform the contract.
(7) Ability of the bidder to provide future maintenance and service for the use of the subject matter of the bid.
(8) Any other factor which would ensure the health, safety and welfare of the citizens of the city.
(F) Award of the contract. When the award of the contract is made, a full and complete statement of the reasons for determining a particular bidder is the lowest responsible bidder shall be made part of the public record.
(G) Tie bids. If all bids received are for the same total amount or unit price, and all other factors being equal, the contract shall be awarded to a local bidder. Where a tie is between local bidders and between non-local bidders, the contract shall be at the discretion of the City Manager or City Council.
(H) Performance bonds. The city shall have the authority to require a performance bond before entering a contract, in such amount as it shall find reasonably necessary to protect the best interests of the city.
(I) Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
(J) City-based business preference. In comparing bids, the bid of any city-based business shall be deemed a lower bid than the bid of any competing business whenever the bid of such competing non-city-based business shall be equal to or higher than the bid of the city-based business after the appropriate preference credit has been applied to the bid of the city-based business. For all purchases or contracts for supplies, material, equipment, or services with a value of $100,000.00 or less, the preference credit shall be equal to 3% of the total bid amount of each city-based bid. For all purchases or contracts for supplies, material, equipment, or services with a value greater than $100,000.00, the preference credit shall be equal to one 1% of the total bid amount of each city-based bid. The business making the lowest bid after application of the preference credit shall be deemed the lowest bidder. Any bidder who claims entitlement to a preference credit shall be responsible for providing the City with all records and other documentation necessary for establishing that it is a city-based business as defined by this ordinance. A request for city-based business preference credit must contain an affidavit that, absent written city approval, the contract being bid upon shall be performed only through the Garden City location and that office’s employees as opposed to any other location of a multi-jurisdiction business.
(K) Assignment prohibited. A city-based business may not assign or subcontract any contract with the city to a non-city-based business without the written approval of such assignment or subcontract by the City Council.
(Ord. 99-016, passed 11-29-99; Am. Ord. 10-012, passed 12-21-09)