Subject to the authority of the Council, the City Manager shall have supervision and control over all purchases of supplies, materials and equipment for City purposes, and the purchasing of the same shall be in all cases by requisition. Neither the Council nor any City official shall have the right to purchase any supplies, materials or equipment, or enter into any contract, involving the expenditure of five thousand dollars ($5,000) or more, without first submitting the same to competitive bidding, except in cases of dire emergency in which competitive bidding is precluded and except in cases in which, because of unusual circumstances, competitive bidding is not possible or feasible. It shall be the duty of the Council to award every such purchase and contract to the lowest bidder, except in cases where the welfare and interest of the City require that the lowest bid or bids or all bids shall be rejected. If in any specific case a bid which is not the lowest submitted is accepted, the reason for rejecting lower bids shall be stated in the public minutes and journal of the Council.
Any Councilmember or official who violates the provisions of this section shall be guilty of a misdemeanor and any person or persons who transact any business with the City in violation of the provisions of this section shall do so at their risk, and every purchase or contract made in violation of the provisions of this section shall be void. Any person or persons who wilfully and knowingly transact business with the City in violation of the provisions of this section shall not be entitled to recover from the City for the value of any materials, supplies and equipment delivered or services rendered in violation of the provisions of this section.
It shall be the duty of the City Manager to set up such purchasing and contracting procedure as is provided by this Charter and as is consistent with sound business practices. The Council may, in its discretion, require that every bidder submit a bond to indemnify the City in the event that any bidder whose bid has been accepted refuses or neglects to carry out the provisions or terms of his or her bid.
(Amended December 4, 1961; November 2, 1982; November 3, 1992)