(A) (1) All bid submitted shall be submitted in a sealed envelope to the office of the Purchasing Agent and shall be plainly identified as a bid on the envelope.
(2) All bids submitted shall be opened publicly at the time and at the place to be stated in the public notice by the Purchasing Agent or his or her designee or the City Manager or his or her designee. Bids or contracts received by the Purchasing Agent after the designated time for accepting bids shall not be opened or considered. All bids timely received and opened shall be available for public inspection at the Office of the Purchasing Agent during regular business hours prior to the City Council meeting in which the bids or contracts are to be considered for award, except in the event of an emergency or an unusual purchase.
(3) A written tabulation of all bids or contracts received shall be prepared and submitted to the City Manager or his or her designee, together with the original bids or contracts or photocopies thereof and any recommendations for approval or rejection. A copy of the bid tabulation shall be available in the Office of the Purchasing Agent upon written request. Upon review by the City Manager, he or she shall prepare a recommendation for City Council consideration at the earliest scheduled City Council meeting possible.
(4) The city, acting through the City Council, shall reserve the right at all times to reject any and all bids or contracts or parts thereof in addition, the city shall not award a bid or a contract to any contractor, firm person, corporation or entity known to be delinquent or in default in the payment of any taxes, fees, utilities or other monies due to the city or any duly constituted authorities thereof the city further reserves the right to pre-qualify bidders consistent with state law.
(B) (1) Contracts shall be awarded to the lowest and best responsible bidder. In determining the “lowest and best responsible bidder,” in addition to price, the following factors shall be considered:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the service required;
(b) Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference, including but not limited to past experience of the city or any duly constituted authority thereof;
(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 or service;
(f) The sufficiency of the financial resources and ability of the bidder to perform the contract or service;
(g) The quality, suitability, availability and adaptability of the goods, products, supplies, equipment 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;
(i) The number and scope of conditions attached to the bid;
(j) Conformance with bid specifications of the city; and
(k) Warranties, terms and conditions.
(2) If all bids received are for the same total amount or unit price, quality and service, bid shall be awarded to a local bidder.
(3) The Purchasing Agent shall have the authority to require a performance bond or other bonds before entering into a contract, in an amount as he or she shall find reasonably necessary to protect the best interests of the city.
(4) No contract purchase shall be subdivided or split to avoid the requirements of this article.
(Ord. 3053, passed 9-21-99)