§ 38.07 SEALED BID PROCEDURES.
   (A)   A request for sealed bids may include the requirements that each bidder furnish a performance bond, in cash or otherwise, sufficient to secure the performance sought.
   (B)   Sealed bids shall be received, on behalf of the Council by the Town Clerk. Each bid shall be identified, on its envelope, as a bid. Bids shall be opened in public at the time and location designated in the "advertisement for bids" by the Town Manager (or designee). A tabulation of all bids received shall be delivered to the Council at the next regular meeting or special meeting. The Town Manager shall report to the Town Council his or her findings as to whether each bid meets the town's requirements, and shall further advise the Council on issues relative to the awarding of the contract. A tabulation of all bids received shall be retained on file for public inspection during regular business hours following the bid opening.
   (C)   Awarding of contracts based upon sealed bids shall be by Council action, and the Council shall retain the right to reject any or all bids. Notice of the provisions of this section shall be included in the call for bids. In the event of the rejection of all bids received by the Council, or of partial rejection of any bid, the Council may have the Town Manager negotiate the terms of a contract on behalf of the Council.
   (D)   Contracts shall be awarded by the Town Council to the lowest and/or most responsible bidder, except as otherwise provided in this chapter.
   (E)   If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising for bids, the Town Council shall determine the successful bidder by lot.
(1996 Code, § 3.12.070) (Ord. 102, passed - -1981; Ord. 110, passed - -1982)