[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[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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.