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(c)
Sec. 18-85. - Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall beused for the award ofall contracts for goods,
equipment and services over $25.000.00. except as otherwise provided for in this erbcJe, where it is
both practicable and advantageous for the city to specify all detailed plans, specifications, standards,
terms and conditions no that adequate competition vvHN result and award may be made to the lowest
responsive and responsible bidder primoipa0y on the basis of price; provided, huwever, 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
best and final bid equal to or lower than the amount of the |ovv 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 biddar, contract award shall be made tothe |000| bidder. Notwithstanding the foregoing, the city
manager may waive competitive sealed bidding methods by making o 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 ratified 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 ofsilence provisions, which ohoU not be
applicable. This section shall not apply to transfers to the United States or any department or agency
thereof, tothe state ortoany political subdivision oragency thereof.
(b) Invitation forbids, 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 bido, the address of the office to which bids are to be de|ivenad,
the maximum time for bid acceptance by the city, the right of the city manager to reject all offers
orbids, and any other special informetion�
(2) The purchase deooriptiun, qualification factors, delivery or performance sohedu8e, and such
inspection and acceptance requirements asmay 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 pnabid conference may be held and whether attendance
atsuch conference ieecondition for bidding; and
(5) The place where any documents incorporated bynafenanoemay beobtained.
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 business does not indicate whether that business is responsible in
respect to a particular procurement orotherwise capable ofsuccessfully performing a particular city
contract.
(d) Public notice. Notice inviting bids shall be published at least once in a newspaper of general circulation
in the ohY o naeaonabho time prior to bid opening,, but in any event at least 15 calendar days ohoU
intervene between the last date ofpublication 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 bide may beobtained, 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 m current
bidders list by sending such bidders c�pies of the notice to acquaint them with the proposed purchase.
P/ebid 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 forbids. Conferences should be held |nn8 enough after the invitations for bids have been
(f)
(g)
issued to allow prospective bidders to become famihar with the proposed Procurement, but sufficiently
before bid submiss�on to allow consideration of the conference results in preparing their bids, Nothing
stated at a prebid conference shall change the invitation for bilds unless a change is made by written
addenduro, which shall be supplied to afl those prospective bidders known to have received an
invitation for bids. Ali prebid conferences shall be recorded', and, if a transcript is made, Such transcript
shall be apublic record.
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 vvitmeoeee at the time and place stated in the public
notice and in the invitation for bids. The amount ofeach bid and such other relevant information an
may be deemed desinsb|e, together with the name of each bidder' shall be recorded; the record and
each bid shall beopen topublic inoAect�on.
8hj acceptance and evaluation. Bide shaR be evaXU@hed based on the requirements set forth in, the
iovitabmm for bide, which may include criteria to determine acceptability such as inspecdom, quo|ity,
workmanship, delivery and suitability for a particular purpose, Those criteria that will affect the b�idprice
and be considered in evaluation for award, such on dinoounts, transportation, costs, and total or life
cycle costs shaH be measured obiechve|y, 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 bythe chief procurement officer tothe 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 oniy
upon certification of the results of the evaWation and the bid tabulation by the chief procurement officer
as being in compliance with competitive sea�ed bidding methods, except as otherwise provided in this
article. Copies of the city manager's award shaV| 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 inciude 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 ofrenewal shall beexercisable at the option ofthe city manager if, after
review ofpast performance und�r the contract, the city manager determines, in his/her sole discretion, that
exercise ofthe option ofrenewal iainthe best interest ofthe city,
The city commission orthe city manager shall have the authority toreject any oraHbids or portions of
bids, orhonegotiate 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 ofthe city.
The city manager shall submit to the city commission on a monthly basis a list of procurements or
contracts awarded bythe city manager.
(()rd."No. 12271, 8 2, 8-22-02;Ord. No, 131.70" G2,5'\3-lCL (}rd. No. 13275, § 7, 7-