Town of North Beach, MD
Calvert County
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[HISTORY: Adopted by the Mayor and Town Council of the Town of North Beach 3-8-2000 by Ord. No. 00-6. Amendments noted where applicable.]
The purpose of this chapter is to establish a general policy and criteria for purchases by the Town of supplies or services as referenced in the Town Charter, Exceptions to competitive bidding.
The following are the laws that govern North Beach purchasing according to the Code of the Town of North Beach.
A. 
Except as otherwise provided in this chapter, contracts for the purchase by the Town of supplies or services involving $15,000 or more shall be awarded at a regularly scheduled meeting of the Town Council to the lowest responsible bidder meeting specifications. A contract may not but subdivided to avoid the requirements of this section.
[Amended 12-4-2013 by Ord. No. 13-07]
B. 
The Mayor or Town Council shall invite proposals for all contracts subject to this section by publishing a notice in at least two county newspapers for two consecutive weeks. The notice shall state that, in not less than three weeks, the Town Council will meet in public session to receive bids for the described purchase or contract, state the time and place of the meeting, and reserve the right to reject any and all bids.
C. 
In determining the lowest responsible bidder, in addition to considering price, the Town Council or the official authorized to contract for the Town shall consider;
(1) 
The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
(2) 
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(3) 
The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(4) 
The quality of performance of previous contracts or services;
(5) 
The previous and current compliance by the bidder with laws and ordinances relating to the contract or service;
(6) 
Whether the bidder is in arrears to the Town on any debt or contract, is in default on any surety to the Town, or is delinquent as to any taxes or assessments; and
(7) 
Any other information that may have a bearing on the decision to award the contract.
D. 
If a contract is not awarded to the lowest bidder in price, the reasons for the decision shall be stated in the minutes of the meeting at which the contract is awarded.
A. 
The following types of contracts may be awarded without complying with the bidding procedures otherwise required under this chapter:
(1) 
Purchases or contracts involving less than $15,000; however, purchases or contracts involving more than $5,000 must be in writing.
[Amended 12-4-2013 by Ord. No. 13-07]
(2) 
Purchases of supplies or services that are available only through one source;
(3) 
Contracts for professional services such as those of attorneys, physicians, architects, engineers, accountants, consultants, and others possessing a similar high degree of technical skill and expertise, provided that, to the extent appropriate for the particular service to be provided, an attempt is made to secure competitive proposals for these services;
(4) 
Purchases or contracts made when the Mayor or an individual acting in his absence determines that an immediate danger to person or property exists, provided that the Town Council publishes an explanation of the circumstances deemed to constitute the emergency in at least two county newspapers;
(5) 
For any other emergency with the approval of five Council members; and
(6) 
Purchases based on state, county, municipal or federal government contracts that are established by a legal or competitive process.
[Amended 8-14-2008 by Ord. No. 08-10]
B. 
For the exceptions in Subsections A(2) through (6), notification of such nonbidding purchase must be provided in writing to the Town Council at the next regular meeting.
A. 
When it is advantageous to the Town to do so, the Town may contract to purchase supplies or services for periods of more than one year if:
(1) 
Funds for the total cost of the contract are available at the time the contract is executed; or
(2) 
A contract requiring the payment of funds from appropriations of more than one fiscal year is approved by resolution of the Town Council and is not for more than a three-year term.
B. 
All contracts in accordance with Subsection A(2) above must include a "non-appropriation" clause.