8.16.070 Award of franchises with competitive bidding.
The city council may, by ordinance adopted in accordance with Sections 46, 51 and 75 of the City Charter, and pursuant to the following procedure, enter into a franchise agreement for a term not to exceed fifteen years for the removal and disposal of garbage and rubbish.
The city council shall adopt a resolution directing the city clerk to cause a notice to be published in the official newspaper of the city by two insertions therein not less than five days apart, the last of which shall not be less than twenty days before the time fixed for opening the bids, inviting sealed bids for a contract for the exclusive right, as the official garbage and rubbish collector of the city, to collect and dispose of garbage and rubbish within the city in accordance with the provisions of this chapter and the specifications and requirements set forth in the resolution, subject to the rights of holders of permits granted by the city council, and the rights of nonexclusive debris box franchisees pursuant to Section 8.16.115. The resolution and notice to bidders shall specify:
A. The time fixed for receiving and opening the bids;
B. Each bid shall be accompanied by a cashier’s check, in the sum of fifty thousand dollars or such other amount, or in such other form, as may be required by the city council, which sum shall be forfeited by the bidder to whom the contract is awarded, as liquidated and unascertainable damages to the city, if thereafter the bidder fails or refuses to enter into a contract within thirty days after receiving notice of the award;
C. Each bid shall specify the amount the bidder will pay the city monthly, as consideration for the contract;
D. The council may reject any and all bids, including the highest bid, if it determines that, because of experience, financial responsibility or reputation or some other factor, the acceptance of a lower bid is for the best interest of the city;
E. The bidder shall agree to perform and comply with and be bound by all terms, conditions and provisions required by this chapter and the other specifications set forth in or referred to by the resolution and notice.
By its resolution calling for bids, the city council shall prescribe such additional terms and conditions to be included in the contract to be awarded for the collection and disposal of garbage and rubbish, as it shall determine, and require that the same be set forth in the notice to bidders, or filed with the city clerk and referred to in the notice as being available for examination by prospective bidders.
(Ord. 2421 NCS §3, 2011; Ord. 2140 NCS §1, 2002; Ord. 173 NCS §9; prior code § 13.8.)