(A) Bids and proposals for the purchase and acquisition of the franchise hereby created shall be in writing and shall be delivered to the City Clerk upon the date(s) and at the time(s) fixed by the City Clerk in said advertisement(s) for receiving same. An opening time for each bid shall be stated in any advertisement and invitation for bids. The time set for opening of bids shall be established by a clock in the office of the City Clerk. It is the bidder’s responsibility to ensure the bidder’s bid is in the office before the time set for bid openings. At the set time, the City Clerk shall declare bids to be closed. All bids shall be opened publicly and read aloud when the structure of the invitation for bids permits. The City Clerk shall with reasonable promptness prepare a tabulation of all bids received and make the documents available to the public upon reasonable request.
(B) Immediately after bids are opened, the City Manager or his/her designee shall review all bids for compliance with specifications, terms and conditions. If, in the judgment of the City Manager or designee, a portion of a bid is uncertain or unclear, the bidder shall be required to clarify all such portions which are in question. Any clarification of this nature shall be sent to the City Manager’s office in written form.
(C) The City Manager or his/her designee reserves the right to reject any and all bids, and to waive technicalities and minor irregularities in bids. Grounds for the rejection include, but are not limited to:
(1) Failure of a bid to conform to established requirements of an invitation for bids;
(2) Failure to conform to specifications contained in or referred to in any invitation for bids, unless the invitation authorized submission of alternative bids, and the alternative proposal meets the requirements specified in the invitation for bids;
(3) Failure to conform to a delivery schedule established in an invitation for bids;
(4) Determination that a bid was submitted by a bidder determined to be not responsible;
(5) Failure to furnish a bid guarantee when a guarantee is required by an invitation for bids; or
(6) Imposition of conditions which would modify the terms and conditions of the invitation for bids, or which would limit the bidder’s liability to the city under terms of the contract awarded, on the basis of such invitation for bids.
(B) Thereafter, the City Manager shall report and submit to the Mayor and Board of Commissioners, at the time of its next regular meeting or as soon as practicable thereafter, said bids and proposals for its approval.
(C) The Board of Commissioners reserves the right, for and on behalf of the city, to reject any and all bids for said franchise; and, in case the bids reported by the City Manager shall be rejected by the Board of Commissioners, it may direct said franchise and privilege to be again offered for sale, from time to time.
(D) Each bid made by a person not already holding a franchise within the territorial limits of the city sufficient to render the telecommunications service required by this chapter, shall be accompanied by cash or a certified check drawn on a bank of the Commonwealth of Kentucky, or a national bank, equal to 5% of the fair estimated cost of the telecommunications system required to render the telecommunications service. Said check or cash shall be forfeited to the city in case the bid should be accepted and the bidder should fail, for 30 days after the confirmation of the sale, to give a good and sufficient performance bond in favor of the city in accordance with § 112.11.
(E) Bids made by a person not already holding a franchise within the territorial limits of the city shall include such documentation as is necessary to support the bidder’s determination of the fair estimated cost of the telecommunications system and compliance with all applicable state, federal and local statutes, ordinances and regulations.
(Ord. 22-08, passed 4-12-22)