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r OR BK 5770 PG 381 <br /> 4 of 10 <br /> notice inviting bids; provided, however, that the City Council shall have the authority to waive <br /> execution of formal contract in cases where it deems it advisable to do so. <br /> A. Notice Inviting Bids <br /> 1. Newspaper: Notice inviting bids shall be published once in at least one (1) daily <br /> newspaper distributed in the City and at least five (5) working days preceding the <br /> last day set for the receipt of bids. <br /> 2. Scope of Notice: The newspaper notice required herein shall include a general <br /> description of the articles to be purchased, shall state where bid blanks and <br /> specifications may be secured, and the time and place for opening bids. <br /> 3. Bidders' List: The Agent shall also send bid advertisements to all responsible <br /> prospective suppliers who have requested their names to be added to a "bidders <br /> list" which the Agent shall maintain by sending them a copy of such newspaper <br /> notice or such other notice as will acquaint them with the proposed purchase or <br /> sale. In any case, invitations sent to the vendors on the bidders list shall be <br /> limited to commodities that are similar in character and ordinarily handled by the <br /> trade group to which the invitations are sent. <br /> B. Bid Deposits. When deemed necessary by the Agent, bid deposit requirements shall <br /> be prescribed in the public notices inviting bids. Unsuccessful bidders shall be <br /> entitled to return of surety where the Agent has required such. A successful bidder <br /> shall forfeit any surety required by the Agent upon failure on his part to enter a <br /> contract within ten(10) working days after written notice of award. <br /> C. 1. Sealed Bids. Bids shall be submitted sealed to the City Clerk and shall be <br /> identified as bids on the outside of the envelope with the title of the bid and bid <br /> number. <br /> 2. Opening: Bids shall be opened by the City Clerk or Purchasing Agent in public at <br /> the time and place stated in the public notices and shall be witnessed and the final list <br /> of bidders verified. <br /> 3. Tabulation: A tabulation of all bids received shall be made and shall be available <br /> for public inspection. <br /> SECTION 10. REJECTION OF BIDS AND NEGOTIATION <br /> A. If the lowest and best bid exceeds the budgeted amount and the City Council does not <br /> make additional funds available, the item(s) may be readvertised for bidding only <br /> after making sufficient changes in the project plans and/or specifications to bring the <br /> cost within the limit of the money available. <br /> B. If no bid is received, or if the lowest and best bid exceeds the budgeted amount, the <br /> Purchasing Agent shall advise the City Manager and the information shall be <br /> submitted to the City Council. <br /> C. The City also has the right to reject any or all bids which do not meet the criteria set <br /> forth in this Ordinance. <br /> SECTION 11. WAIVER OF IRREGULARITIES <br /> Minor irregularities in the bidding or purchasing process, when not contrary to the intent <br /> of this Ordinance, shall not be grounds to void any given bid or purchase. Minor irregularities <br /> shall include but not be limited to,no signature, failure to include forms, etc. <br /> SECTION 12. AWARD OF CONTRACT <br /> All contracts, when the sum is Ten Thousand and 00/100 Dollars ($10,000.00) or less, <br /> shall be awarded by the Purchasing Agent or Department Head to the lowest responsive and <br />