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Sec. 18-85. Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for
goods, equipment and services over $25,000.00, except as otherwise provided for in this
article, where it is both practicable and advantageous for the city to specify all detailed plans,
specifications, standards, terms and conditions so that adequate competition will result and
award may be made to the lowest responsive and responsible bidder principally on the basis
of price; provided, however, when a responsive, responsible non -local bidder submits the
lowest bid price, and the bid submitted by one or more responsive, responsible local bidders
who maintain a local office, as defined in section 18-73, is within 15 percent of the price
submitted by the non -local bidder, then that non -local bidder and each of the aforementioned
responsive, responsible local bidders shall have the opportunity to submit a best and final bid
equal to or lower than the amount of the low bid previously submitted by the non -local bidder.
Contract award shall be made to the lowest responsive, responsible bidder submitting the
lowest best and final bid. In the case of a tie in the best and final bid between a local bidder
and a non -local bidder, contract award shall be made to the local bidder. Notwithstanding the
foregoing, the city manager may waive competitive sealed bidding methods by making a
written finding which shall contain reasons supporting the conclusion that competitive sealed
bidding is not practicable or is not advantageous to the city, which finding must be raffia
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and the award approved by an affirmative vote of four -fifths of the city commission or an
unanimous vote of the quorum that exists because of either abstentions or vacancies
resulting from resignation, death, suspension, or physical incapacitation after a properly
advertised public hearing. When competitive sealed bidding methods are waived, other
procurement methods shall be followed except for the cone of silence provisions, which shall
not be applicable. This section shall not apply to transfers to the United States or any
department or agency thereof, to the state or to any political subdivision or agency thereof.
(b) Invitation for bids. An invitation for bids shall be issued and shall include, but not be limited
to:
(1) Instructions and information to bidders concerning the bid submission requirements,
including the time and date set for receipt of bids, the address of the office to which
bids are to be delivered, the maximum time for bid acceptance by the city, the right of
the city manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule, and
such inspection and acceptance requirements as may not be included in the purchase
description;
(3) The contract terms and conditions, including warranty and bonding or other security
requirements, as applicable;
(4) The date, time and place at which any prebid conference may be held and whether
attendance at such conference is a condition for bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(c) Bidders lists. Bidders lists may be compiled to provide the city with the names of businesses
which may be interested in competing for various types of city contracts. Unless otherwise
provided, inclusion or exclusion of the name of a business does not indicate whether that
business is responsible in respect to a particular procurement or otherwise capable of
successfully performing a particular city contract.
(d)
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Public notice. Notice inviting bids shall be published at least once in a newspaper of general
circulation in the city a reasonable time prior to bid opening; but in any event at least 15
calendar days shall intervene between the last date of publication and the final date for
submitting bids. Such notice shall state the general description of the goods or services to be
purchased, the place where a copy of the invitation for bids may be obtained, and the time
and place for opening of bids. In addition, the chief procurement officer may solicit bids from
all responsible prospective suppliers listed on a current bidders list by sending such bidders
copies of the notice to acquaint them with the proposed purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of
the proposed procurement and shall be announced to all prospective bidders known to have
received an invitation for bids. Conferences should be held long enough after the invitations
for bids have been issued to allow prospective bidders to become familiar with the proposed
procurement, but sufficiently before bid submission to allow consideration of the conference
results in preparing their bids. Nothing stated at a prebid conference shall change the
invitation for bids unless a change is made by written addendum, which shall be supplied to
all those prospective bidders known to have received an invitation for bids. All prebid
conferences shall be recorded, and, if a transcript is made, such transcript shall be a public
record.
(f) Bid opening. All bids shall be submitted sealed to the city clerk and shall be opened publicly
by the city clerk or designee in the presence of one or more witnesses at the time and place
stated in the public notice and in the invitation for bids. The amount of each bid and such
other relevant information as may be deemed desirable, together with the name of each
bidder, shall be recorded; the record and each bid shall be open to public inspection.
(g) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements set forth
in the invitation for bids, which may include criteria to determine acceptability such as
inspection, quality, workmanship, delivery and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation for award, such as
discounts, transportation costs, and total or life cycle costs shall be measured objectively. No
criteria may be used in bid evaluation which were not set forth in the invitation for bids. The
results of the evaluation and tabulation of bid prices shall be transmitted by the chief
procurement officer to the city manager.
(h) Award. The procurement shall be awarded with reasonable promptness by written notice to
the lowest responsive and responsible bidder, whose bid meets the requirements and criteria
set forth in the invitation for bids except as otherwise provided in this section. For any
procurement, including contracts, a bid to be awarded which exceeds $25,000.00 shall be
awarded by the city manager only upon certification of the results of the evaluation and the
bid tabulation by the chief procurement officer as being in compliance with competitive
sealed bidding methods, except as otherwise provided in this article. Copies of the city
manager's award shall be delivered to the chief procurement officer and all affected
department directors.
All bid awards in excess of $50,000.00 must be approved by the city commission upon
recommendation by the city manager. The decision of the city commission shall be final. Threshold
amounts referenced herein shall include the values associated with potential options of renewal.
Awards made by the city manager or by the city commission shall include authority for all
subsequent options of renewal, if any. The aforementioned options of renewal shall be exercisable
at the option of the city manager if, after review of past performance under the contract, the city
manager determines, in his/her sole discretion, that exercise of the option of renewal is in the best
interest of the city.
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The city commission or the city manager shall have the authority to reject any or all bids or
portions of bids, or to negotiate with the lowest bidder for better pricing.
In the event only one bid is received, the city may award to the sole bidder, negotiate for
better pricing or may re -bid, whichever is in the best interest of the city.
The city manager shall submit to the city commission on a monthly basis a list of
procurements or contracts awarded by the city manager.
(Ord. No. 12271, § 2, 8-22-02,° Ord. No. 13170, § 2, 5-13-10,° Ord. No. 13275, § 2, 7-14-11)
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