All supplies and contractual services, except as otherwise provided
herein, when the extended cost thereof shall equal or exceed seven
thousand five hundred dollars ($7,500.00), shall be purchased by formal
written contract from the lowest responsible bidder after due notice
inviting proposals. All sales of personal property that has become
obsolete and unusable and has an estimated value of seven thousand
five hundred dollars ($7,500.00) or more shall be sold by formal written
contract to the highest responsible bidder after due notice inviting
proposals.
No contract or purchase shall be subdivided to avoid the requirements
of this Article.
The City Administrator shall, by certified or registered mail
or in his/her discretion by first class mail, solicit sealed bids
from at least five (5) responsible prospective suppliers including
all suppliers with whom the City has done business within the preceding
two (2) years setting forth detailed specifications and all pertinent
information necessary for the prospective supplier to file a bid.
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 similar in character to that being purchased. If the
City Administrator is unable to reasonably find five (5) responsible
suppliers, he/she shall certify that fact to the City Clerk who shall
then certify a number less than five (5) to whom invitations to bid
shall be sent and such lesser number shall be deemed in compliance
with the requirements of this Section. The provisions of this Section
may be waived when the Mayor, the department superintendent involved,
and the City Administrator agree that following this Section's provisions
may cause excessive delay, public inconvenience and/or a significant
cost penalty.
When deemed necessary by the City Administrator 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 surety required. A successful bidder
shall forfeit any surety required upon failure on the bidder's part
to enter into a contract within ten (10) days after the award, and
the invitation to bid shall so state.
Sealed bids shall be submitted to the City Administrator 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. After the opening, the City Clerk shall tabulate
and certify all bids received and file a report of the bids with the
Board of Alderpersons, together with the City Administrator's recommendations
as to whom the award shall be made.
The Board of Alderpersons, upon receiving the tabulation and
recommendation of the City Clerk, shall award the contract to the
lowest responsible bidder, but shall have the right to reject any
and all bids.
A.
In determining
the lowest responsible bidder, the Board of Alderpersons 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
monies due the City. This factor alone shall 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 a 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
number and scope of conditions attached to the bid.
