[Ord. No. 10376, 12-15-2016]
All contracts for supplies or contractual services, except as
otherwise provided herein, that exceed $15,000 during a fiscal year
or when the full term of such contract may be annually renewed for
more than five years and has a total contract price that will exceed
$45,000 shall be procured through formal written contract from the
lowest responsible bidder after due notice inviting proposals.
[Ord. No. 10376, 12-15-2016]
No contract or procurement shall be subdivided to avoid the
requirements of this division. The value for said contract or procurement
shall adhere to this section cumulatively in one fiscal year.
[Ord. No. 10376, 12-15-2016[1]]
The Director of Procurement shall, by certified or registered
mail, electronic means or by first-class mail, solicit sealed bids
from at least three responsible prospective suppliers wherever possible.
Prospective suppliers to whom invitations to bid are sent shall be
limited to those who are part of the trade group offering commodities
and services that are similar in character to those being procured.
If a lesser number of bids is received, the Director of Procurement
will certify the attempt to obtain three bids. If the Director of
Procurement, the head of the using agency, and the Chief Administrative
Officer believe, after receipt of less than three bids, re-solicitation
may cause excessive delay, public inconvenience and/or a significant
cost penalty, this section's provisions may be waived. The Director
of Procurement shall at a minimum electronically post all bid opportunities.
Additionally, the Director of Procurement may advertise, fax, e-mail
or mail solicitation notices as is customary within the public procurement
profession.
[Ord. No. 10376, 12-15-2016]
When deemed necessary by the Director of Procurement or when
requested by a using agency or when directed by the City Attorney,
bid deposits shall be prescribed in inviting bids. An unsuccessful
bidder shall be entitled to return of any bid deposit required. A
successful bidder shall forfeit the bid deposit required by the bid
in the amount of any damages incurred by the City as a result of the
failure on the bidder's part to enter into a contract within 10 days
after the award, and the invitation to bid shall so state.
[Ord. No. 10376, 12-15-2016]
(1)
Sealed bids shall be submitted to the Director of Procurement and
shall be identified as bids on the envelope. The bids shall be opened
in public at the time and place stated in the invitations to bid and
in any public notices. If the City elects to receive bids electronically,
the bid submittals shall be delivered in accordance with the instructions
concerning electronic bidding. After the opening, the Director of
Procurement shall tabulate all bids received and file a report of
the bids with the Chief Administrative Officer and City Council together
with the Director of Procurement's recommendations as to whom the
award shall be made.
(2)
Resolution or ordinance requests for procurements or contracts that
require a contingency shall be detailed in the resolution and recommendation
from the Director of Procurement. Change orders may be made administratively
for amounts that do not exceed Council approved contingency.
[Ord. No. 10376, 12-15-2016]
The City Council, upon receiving the bid tabulation and recommendation
of the Director of Procurement, shall award the contract to the lowest
responsive and responsible bidder. The Director of Procurement and
City Council shall have the right to reject any and all bids.
[Ord. No. 10376, 12-15-2016]
In determining the lowest responsive and responsible bidder,
the Director of Procurement and City Council shall consider:
(1)
The ability, capacity and skill of the bidder to perform the contract
or provide the services required.
(2)
Whether the bidder can perform the contract or provide the services
promptly or within the time specified without delay or interference.
(3)
The character, integrity, responsibility, judgment, experience and
efficiency of the bidder.
(4)
Whether the bidder is in default on the payment of taxes, licenses
or other moneys due the City. This factor alone may justify disqualification.
(5)
The quality and performance of previous contracts or services.
(6)
The previous and existing compliance by the bidder with laws, the
provisions of this Code and other City ordinances relating to the
contract or service.
(7)
The sufficiency of the financial resources and ability of the bidder
to perform and contract or provide the service.
(8)
The quality, availability and adaptability of the supplies or contractual
services to the particular use required.
(9)
The ability of the bidder to provide future maintenance and service
of machines for the use of the subject of the contract.
(10)
The extent the bid conforms in material respects to the invitation
for bid.
[Ord. No. 10376, 12-15-2016]
The Director of Procurement shall monitor the use of specifications
for supplies and contractual services required by the City. The Director
of Procurement shall obtain advice and assistance from personnel of
using agencies in the development of specifications. All specifications
shall seek to promote overall economy for the purposes intended and
encourage competition in satisfying the City's needs and shall not
be unduly restrictive.
Specifications and scope of work prepared by non-City personnel,
including, but not limited to, those prepared by architects, engineers,
and designers, shall be provided to the Director of Procurement who
has the authority to edit specifications as necessary to make them
less restrictive and require and obtain full cooperation from all
using agencies and outside contractors.
[Ord. No. 10376, 12-15-2016]
