§ 37.17 COMPETITIVE SEALED BIDS.
   (A)   Bidding will be employed when detailed specifications for the goods or services to be procured can be prepared and the primary basis for award is cost. When the cost of a contract, lease, or other agreement for materials, supplies, equipment, or contractual services other than those personal or professional exceeds $30,000, an invitation for bids notice will generally be prepared. Per KRS 424.120 this notice will be published at least once in a qualifying official newspaper of general circulation within the community. This newspaper notice will appear not less than seven days and not more than 2l days before the due date for bid proposals. In addition, the city must also solicit sealed bids from responsible prospective suppliers by distributing a copy of such notice to them.
   (B)   The invitation for bids will include a general description of the goods or services to be procured, the bid deposit and bond performance required (if applicable), the location where bid forms and specifications may be secured, the time and place for opening bids, and whether the bid award will be made on the basis of the lowest bid price or the lowest evaluated price. If the lowest evaluated price is used, the measurable criteria to be utilized must be stated in the invitation for bids. The newspaper notice must also contain language which calls to the attention of the bidders all applicable requirements which must be complied with such as Section 3 of the l968 Housing Act, Section l09 of the l974 Housing and Community Development Act, the Civil Rights Act of l964, Executive Order ll246, and the Davis-Bacon Act.
   (C)   In addition to price, the following are bid evaluation criteria which may be used with varying weight dependent upon the particular procurement to be made. The criteria and their weights will be established by the invitation for bids.
      (1) The character, integrity, reputation, judgment, experience, and efficiency of the contractor.
      (2) The ability of the vendor to provide the material or service promptly or within the time specified, without delay or interference.
      (3) The quality of performance by the vendor on previous contracts, orders, or services.
      (4) The ability of the vendor to provide future maintenance and service for all equipment purchased from the vendor.
   (D)   The criteria upon which a bid will be awarded will be established by a review committee which will include, if possible, persons with applicable technical skills. The Mayor will appoint the reviewers, making certain that these individuals have no potential conflicts of interest with the firms or individuals under review. The committee will have no less than three members. The committee will maintain written records of its deliberations including an evaluation of each bid received.
   (E)   Sealed bids will be opened in public at the time and place stated in the invitation for bids. The city will tabulate the bids at the time of bid opening. The results of the tabulation and the bid documents will be evaluated by the review committee which will make recommendations to the city. The city will make a firm fixed-price contract award in writing to the lowest responsive and responsible bidder. After the bid award is made by the city, a contract will be prepared for execution by the successful bidder. After the contract is signed, all bid deposits will be returned to all unsuccessful bidders.
   (F) The city may cancel an invitation for bid or reject all bids if it is determined in writing that such is in the best interests of the city. The city may allow a vendor to withdraw a bid if requested at any time prior to the bid opening. Bids received after the time set for bid opening shall be returned to the vendor unopened.
   (G)   In the event that all bids exceed available funds, the city may enter into negotiations with bidders in accordance with KRS 45A.375.
(Ord. 85-8l7, passed ll-27-85; Am. Ord. 2020-1794, passed 4-23-20) Penalty, see § 37.99