(a) Any expenditure for supplies, materials, equipment, construction or maintenance contracts obligating the City, where the amount of the City's obligation is in excess of one thousand dollars ($1,000), shall be governed by this section, except as provided in Section 210.05.
(Adopting Ordinance)
(b) Such expenditure shall be made the subject of a written contract. A purchase order shall be a sufficient written contract only in cases where the expenditure is in the usual and ordinary course of the City's affairs, and in no case shall it be sufficient for the construction of public works, for contracting for supplies or services over any period of time, or where the quality of the goods or materials or the scope of the services bargained for is not wholly standardized.
(c) The Purchasing Agent shall solicit bids from a reasonable number of qualified prospective bidders as are known to him or her by sending each a copy of a notice requesting bids, which notice shall also be posted in the City Hall.
(d) Unless prescribed by Council, the Purchasing Agent shall prescribe the amount of any security to be deposited with any bid, which security shall be in the form of cash, a certified or cashier's check or a bond written by a surety company authorized to do business in the State. The amount of such security shall be expressed in terms of a percentage of the bid submitted. Unless fixed by Council, the Purchasing Agent shall fix the amount of the performance bond and, in the case of construction contracts, the amount of the labor and material bond to be required of successful bidders.
(e) Bids shall be opened in public at the time and place designated in the notice requesting bids in the presence of the Purchasing Agent, the City Clerk and at least one other City official, preferably the head of the department most closely concerned with the subject of the contract. The bids shall thereupon be carefully examined and tabulated and shall be reported to Council with the recommendation of the Purchasing Agent at the next Council meeting. After tabulation, all bids may be inspected by the competing bidders. In lieu of the procedure for opening bids specified in this subsection, Council may direct that bids be opened at a Council meeting.
(f) When such bids are submitted to Council, the contract to be executed, in a form approved by the City Attorney, shall also be submitted. If Council finds any of the bids to be satisfactory, it shall award the contract to the lowest qualified bidder and shall authorize execution of the contract upon execution of the contract by the successful bidder and the filing of any bonds which may be required, which bonds shall first be approved by the City Attorney as to form and content. Such award may be by resolution or ordinance. Council may reject any or all bids, may waive irregularities in bidding and may accept bids which do not conform in every respect to the bidding requirements.
(g) At the time the contract is executed by the contractor, he or she shall file a bond, executed by a surety company authorized to do business in the State, with the City, conditioned upon the performance of such contract and further conditioned upon payment to all laborers, mechanics, subcontractors and materialmen, as well as payment of all just debts, dues and demands incurred in the performance of such work. Such contractor shall also file evidence of public liability insurance in an amount satisfactory to the Mayor and agree to save the City harmless from loss or damage caused to any person or property by reason of the contractor's negligence.
(h) All bids and deposits of certified or cashier's checks may be retained until the contract is awarded and signed. If any successful bidder fails or refuses to enter into the contract awarded to him or her within five days after the same has been awarded, or fails or refuses to file any bond required within the same time, the deposit accompanying his or her bid shall be forfeited to the City, and Council may, in its discretion, award the contract to the next lower qualified bidder or such contract may be re-advertised.
(1974 Code § 1.263)