Except as otherwise provided herein, purchases of supplies, general services and equipment of an estimated value greater than $15,000 shall be by formal sealed written competitive bids. Awards for such expenditures shall be made by the Council to the lowest responsible bidder in accordance with the following provisions:
(A) Lowest responsible bidder. As used in this chapter, LOWEST RESPONSIBLE BIDDER shall mean that bidder whose bid best serves the interests of the city in the opinion of the Council and the Purchasing Officer based upon considerations of price, quality, service, fitness, ability of the bidder to deliver, ability of the bidder to deliver on time and within budget, availability of parts and/or service, prior experience with the bidder, and any other factors relating to the particular needs of the city for the supplies or equipment to be purchased.
(B) Notices inviting bids. Notices inviting bids shall be posted at least ten days before the date of opening of the bids on the city's website and shall be posted in at least one public place in the city that has been designated for the posting of public notices. The notice shall include a general description of the articles to be purchased, shall state where bid forms and specifications may be secured, and give the time and place for receipt and opening of the bids. All such bids shall be filed with the City Clerk and opened by the City Clerk at the time and place specified in the notices inviting bids. Any bidder may be present during such bid opening and may inspect any bids received. The Purchasing Officer shall evaluate all bids and present his/her recommendation as to the lowest responsible bidder to the Council, together with a summary of all bids received.
(C) Bidders list. When the Purchasing Officer elects to establish a bidders list, he or she shall also solicit sealed bids from all responsible prospective suppliers whose names are on the "bidders list," or who have made written requests that their names be added thereto, except those removed from the list for cause.
(D) Bidder's security. When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the notices inviting bids. Bidders shall be entitled to the return of bid securities, provided, however, a successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within the time designated in the bid specifications. The Council, on refusal or failure of the successful bidder to execute the contract, may award the contract 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 contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(E) Waivers. In the event the Council finds that it is in the public interest and necessity to purchase supplies, services, or equipment without compliance with the formal contract procedures set forth in this section, the Council may waive such procedures by so declaring with a separate motion or resolution adopted by a 4/5 vote of its members.
(Ord. 656, passed 9-17-19; Am. Ord. 657, passed 11-5-19)