5.33.320 Bids or Proposals are Offers.

City Code Section

(Amended by Ordinances 185898 and 189878, effective March 4, 2020.)

  1. A.  Offer and Acceptance. A Bid Proposal is an Offer to enter into a Contract. The Offer is a “Firm Offer,” i.e., the Offer shall be held open by the Offeror for the City’s acceptance for the period specified in Section 5.33.495. The City’s Award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract.
  2. B.  Responsive Offer. The City may Award a Contract only to a Responsible Offeror with a Responsive Offer.
  3. C.  Contingent Offers. Except to the extent an Offeror is authorized to propose certain terms and conditions pursuant to Section 5.33.211 a Proposer shall not make its Offer contingent upon the City’s acceptance of any terms or conditions (including Specifications) other than those contained in the Solicitation Document.
  4. D.  Offeror’s Acknowledgment. By signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. If the Request for Proposals permits alternative terms under Section 5.33.215, the Proposal includes the nonnegotiable terms and conditions and any proposed terms and conditions offered for negotiation upon and to the extent accepted by the City in Writing.