(b)
The
small purchase procedures shall be as follows:
(1)
At least three written quotes or bids from prospective vendors for
the purchase must be obtained.
(2)
The purchasing officer shall keep a public record of all informal
bid requests and bids for one year after the submission of the bids
or, if no bids are received, after the placing of the orders.
(3)
Purchases shall be awarded to a responsible vendor who submits the
lowest responsive quote or bid.
(4)
The purchasing officer or his or her designee shall complete the
purchase.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Except as otherwise provided in this chapter, purchases of goods
of an estimated value greater than $200,000 shall be by written contract
with the lowest responsible bidder who submits a responsive bid. The
formal bidding procedures are as follows:
(a)
Notices
inviting for sealed bids shall be published at least once, 14 days
before the date of opening of the bids, in a newspaper of general
circulation in the city, printed and published in the county. Notices
inviting bids shall include: a general description of the articles
to be purchased; where bid forms and specifications may be obtained;
any required bidder's security; and the time and place for the opening
of bids.
(b)
Where
possible the purchasing officer shall also solicit sealed bids from
all responsible prospective bidders from the bidders list maintained
by the city or as known to the purchasing officer. Minimum criteria
for development and maintenance of the bidders list shall be determined
pursuant to the Uniform Public Construction Cost Accounting Commission
and state law.
(c)
When
deemed necessary by the purchasing officer, bidder's security may
be prescribed in the public notices inviting bids. Bidders shall be
entitled to the return of the bid security, however, a successful
bidder may forfeit his or her bid security upon his or her refusal
or failure to execute the contract within 20 days after the notice
of award of contract has been mailed, or as otherwise specified in
the bid documents, unless the city is solely responsible for the delay
in executing the contract.
(d)
Sealed
bids shall be submitted to the purchasing officer and shall be so
identified on the envelope. Bids shall be opened in public at the
time and place stated in the public notices inviting the bids. A tabulation
of all bids received shall be available for public inspection during
regular business hours for a period of no less than 30 calendar days
after the bid opening.
(e)
In
its sole discretion, the city council may reject any and all bids
presented and re-advertise for bids. Such rejections shall not give
rise to a claim for bid preparation costs and submission of bids pursuant
to this article shall constitute the bidder's agreement to this waiver.
(f)
If
no bids are received, or that all bids received substantially exceed
the city estimate of cost for the purchase, the city council may reject
all bids and direct that the city proceed pursuant to the terms of
section 10-102.
(g)
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 purchasing officer
may in his or her discretion accept either bid. The purchasing officer
may also negotiate with the tie bidders and accept the lowest bid.
(h)
The
city may require a performance bond before entering a contract in
such amount as it finds reasonably necessary to protect the best interests
of the city. If the city requires a performance bond, the form and
amount of the bond shall be described in the notice inviting bids
or proposals.
(i)
The
definition of a responsible bidder includes, but is not limited to,
a bidder who has the capability in all respects to fully perform the
bid requirements, including the integrity, reliability, and references
that will ensure good faith performance to the city. The determination
of whether a bidder is a responsible bidder is left to the sole discretion
of the city.
(j)
The
definition of a responsive bidder includes, but is not limited to,
a bidder who has submitted a bid that conforms in all material respects
to the invitation for bids. The city council has the sole discretion
to determine whether a bidder is responsive or whether to waive an
immaterial deviation in a bid.
(k)
In
the event a successful bidder fails to execute a contract:
(1)
The city council or its designee may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest
responsible bidder who submits a responsive bid.
(2)
If the city council or its designee awards the contract to the next
lowest bidder, the amount of the lowest bidder's security may be applied
by the city to the contract price differential between the lowest
bid and the second lowest bid, and the surplus, if any, may be returned
to the lowest bidder.
(3)
If the city council rejects all bids presented due to the failure
of the successful bidder to execute the contract, and re-advertises,
the amount of the lowest bidder's security may be used to offset the
cost of receiving new bids, and the surplus, if any, may be returned
to the lowest bidder.
(l)
In
the event the city has a bid protest for purchase of items needing
city council approval:
(1)
Any bid protest for city purchases of supplies and equipment must
be made in writing and submitted to the purchasing officer five calendar
days after the bid opening.
(2)
The purchasing officer shall notify the city council of the facts
and circumstances regarding the bid protest.
(3)
The city council shall hear and determine the bid protest before
the bid award. The city council may continue the matter to obtain
additional information as the city council deems necessary, or may
determine the final decision of the bid award.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
The informal and formal procurement procedures required under
this chapter shall not be necessary under the following circumstances:
(a)
When
an emergency or exigency requires the goods as set forth in section
10-80; or
(b)
When
the commodity or item is required to match or be compatible with other
furnishings, materials or equipment presently on hand and is to be
purchased from the supplier of such on-hand items; or
(c)
When
a particular type or make of commodity or item, furnishings, type
of material or equipment has been standardized for the city by order
of the city manager; or
(d)
When
the city manager has declared in writing a specific brand or a specialized
piece of equipment is required to meet quality and performance criteria,
and a substitute item would not meet or exceed the specified criteria.
In such cases, the brand item or specialized piece of equipment may
be considered a sole source; or
(e)
When
the competitive negotiated procurement procedure in section 10-98
is used.
(Ord. No. 2007-02(RR) § 1, 2-28-07; Ord. No. 2020-17 § 1, 8-12-20)
Purchases not subject to the provisions of this Division 2 are
as follows:
(a)
Transportation
and freight charges;
(b)
Works
of art, entertainment or performers;
(c)
Books
and periodicals; and
(d)
Software
licensing for existing software.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
(a)
Specifications
for goods may not require the use of products manufactured from virgin
materials or exclude the use of recycled products, reusable products
or products designed to be recycled unless it can be demonstrated
to the purchasing officer that these products would not achieve a
necessary performance standard.
(b)
Award
of bids to the lowest bidder may not be required when recycled products
are purchased. The city encourages the purchase of recycled content
for goods. It may include post-consumer waste of the highest content
possible.
(c)
The
purchasing officer may encourage manufactures, distributors, and bidders
to provide and use recycled products or products designed to be recycled.
The city may participate in cooperative purchasing efforts with other
government agencies buying recycled products.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
