A. Lowest Responsible Bidder. "Lowest responsible bidder" as used in this chapter, shall mean that bidder which best responds in price, quality, service, fitness or capacity to the particular requirements of the city. Price alone shall not be the determining factor but shall be considered along with the other factors, including, but not limited to, the availability of the bidder to deliver, availability of parts or service, prior experience with bidder, and other factors relating to the particular needs of the city for the supplies, equipment or services to be purchased.

B. Notices Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased and shall state where bid forms and specifications may be secured and the time and place for opening of the bids. The notice shall specify the factors referred to in subsection A of this section, which factors will be given special consideration in determining the lowest responsible bid for the supplies or equipment to be purchased.

C. Bidders’ List. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers, including those whose names are on the "bidders’ list" or who have made written request that their names be added thereto.

D. Bidders’ Security. When considered necessary by the purchasing agent, bidders’ security may be prescribed in the notices inviting bids. Bidders shall be entitled to the return of bid securities; provided, however, a successful bidder shall forfeit the bid security upon the refusal or failure of the bidder to execute the contract within the time designated in the bid specifications. The city council on the refusal or failure of the successful bidder to execute the contract, may award the contract to the lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidders’ security shall be applied by the city to the contract price differential.

E. Confidentiality of Bids. Any bid received pursuant to the provisions of this chapter shall not be disclosed directly or indirectly to any other bidder until the bidding is closed and other further bidding is excluded.

F. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. The opened bids shall be available at all times for public inspection from the time they are opened until the award has been made by the city council.

G. Tabulation of Bids. The purchasing agent shall tabulate all bids received and shall recommend to the city council which in his opinion is the best, the lowest bid.

H. Tie Bids. If two or more bids received are for the same total amount or unit price, quality or service being equal and if the public interest will not permit the delay of advertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening.

I. Performance Bonds. The city council shall have authority to 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 council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

J. Waivers. When the city council finds that it is in the public interest and necessity or that it is impractical to purchase supplies or equipment without compliance with the formal contract procedures set forth in this section, the city council may waive such procedures by so declaring with a separate motion or resolution.

K. Rejection of Bids. The city council reserves the right to reject any or all bids or to waive any irregularities or informalities in any bid or bidding and to determine which bid in the judgment of the city council is the lowest responsible bidder and which bid should be accepted in the best interests of the city. (Ord. 429 §1 (Exh. 1), 1999).