[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]
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:
