§ 33.17  FORMAL CONTRACT PROCEDURE.
   Except as otherwise provided herein, purchases and contracts for supplies and equipment of estimated value greater than $30,000 shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein.
   (A)   Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
      (1)   Published notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city or if there is none, it shall be posted in at least three public places in the city that have been designated by § 36.05 as places for posting public notices.
      (2)   Bidders' list. The Purchasing Officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have requested their names to be added thereto.
      (3)   Bulletin board. The Purchasing Officer shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.
   (B)   Bidder's security. When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security, provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay.  The Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder.  If the Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
   (C)   Bid opening procedure. Sealed bids shall be submitted to the Purchasing Officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
   (D)   Rejection of bids. In its discretion the Council may reject any and all bids presented and re-advertise for bids.
   (E)   Award of contracts. Contracts shall be awarded by the Council to the lowest responsible bidder except as otherwise provided herein.
   (F)   Tie bids. 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 re-advertising for bids, the Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening.
   (G)   Performance bonds.  The Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
(`67 Code, § 1-8-9)  (Ord. 236, passed 4-28-58; Am. Ord. 70-2, passed 1-26-70; Am. Ord. 2002-002, passed 1-28-02; Am. Ord. 2008-012, passed 10-13-08)