2007R35-Electronic Bids
07-R-35
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF
ELECTRONIC BIDS AND PROPOSALS, ADOPTING RULES TO
ENSURE THE IDENTIFICATION, SECURITY, AND
CONFIDENTIALITY OF ELECTRONIC BIDS OR PROPOSALS,
AND RELATED MATTERS
WHEREAS, on June 19, 2007, the City Council (the "City Council") of the City of
Schertz (the "City") adopted a revised purchasing policy (the "Purchasing Policy"); and
WHEREAS, Section 252.0415 ofthe Texas Local Government Code, as amended, allows
the City to receive bids or proposals through electronic transmission if the City Council of the
City adopts rules to ensure the identification, security, and confidentiality of electronic bids or
proposals and to ensure that the electronic bids or proposals remain effectively unopened until
the proper time; and
WHEREAS, the City Council desires to amend the Purchasing Policy to allow the City to
receive competitive bids and proposals by electronic mail, facsimile, or other electronic
transmission; and
WHEREAS, the City Council hereby finds that it is in the best interest of the City and the
citizens thereof that the City adopt the rules for receiving electronic bids or proposals set forth
herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
SECTION 1. The City Council hereby amends the Purchasing Policy to authorize the
City to accept electronic bids or proposals as set forth in Section 2 below.
SECTION 2. The City Council hereby adopts the following rules and procedures to
ensure the identification, security, and confidentiality of electronic bids or proposals:
(a) Electronic bids or proposals may include bids or proposals submitted by
electronic mail, facsimile, or any other electronic transmission method which
may be acceptable to the City and which is designated in a request for bids or
proposals.
(b) To be considered valid, all electronic bids and proposals must be sent directly
to the City Secretary or other City employee specifically identified in the
applicable published notice requesting bids or proposals.
(c) When received by the City Secretary or other designated City employee, such
person shall print the electronic bid or proposal, place it in an envelope
marked "Sealed Electronic Bid", seal such envelope, and place such envelope
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in the same location as other sealed bids. The original electronic mail
message shall then be deleted (if sent via electronic mail).
(d) Except as set forth in (c) above, at no time shall the City Secretary, any
designated City employee, or other individual relay, copy, transmit, forward,
or otherwise communicate the contents of an electronic bid or proposal until
after all sealed bids or proposes submitted for consideration have been
opened.
(e) Once sealed, any electronic bids or proposals shall remain unopened until the
time when all other sealed bids or proposals submitted for consideration are
opened.
(t) The City Manager is authorized and directed to implement security procedures
to assure the confidentiality of electronic bids.
SECTION 3. Except as amended by this Resolution, the Purchasing Policy is hereby
confrrmed and ratified.
SECTION 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
SECTION 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
proVISIon.
SECTION 8. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 9. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
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PASSED AND ADOPTED, this 21st day of August, 2007.
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ATTEST:
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