[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster 12-23-1991 by Ord. No. 552. Amendments noted where
applicable.]
The purposes of this chapter are to provide
for the fair and equitable treatment of all persons or firms involved
in procurement by the City; to assure that supplies, materials, equipment,
construction of public improvements or contractual services are procured
efficiently, effectively and at the most favorable prices available
to the City; to promote competition in contracting; and to provide
safeguards for maintaining a procurement system of quality and integrity.
The provisions of this chapter shall apply to
all contracts for the procurement of supplies, materials, equipment,
construction of public improvements or contractual services entered
into by the City after the effective date of this chapter.
[Amended 7-28-2003 by Ord. No. 708]
The City Treasurer shall administer the system
of procurement and contracts established pursuant to the provisions
of this chapter. The City Treasurer shall discharge those duties and
responsibilities in cooperation with the City's various department
heads. The City Treasurer is authorized to adopt such rules and regulations
as are necessary to carry out the provisions of this chapter, subject
to the approval of the Mayor and Common Council.
[Amended 7-28-2003 by Ord. No. 708; 4-26-2006 by Ord. No.
750; 5-23-2011 by Ord. No. 826]
A.
Under $25,000. Expenditures, including petty cash, for supplies,
materials, equipment, construction of public improvements or contractual
services involving less than $25,000 shall be made by either the Mayor,
City Clerk, City Treasurer or the City's various department heads,
provided that the procurement is for a budgeted item.
[Amended 10-24-2016 by Ord. No. 871]
B.
$25,000 and above. Except as otherwise provided in this section, expenditures for supplies, materials, equipment, construction of public improvements or contractual services involving $25,000 or more shall be made by written contract, as provided in § 36-5.
[Amended 10-24-2016 by Ord. No. 871]
C.
Sole-source procurement. A contract involving $25,000 or more may be awarded without competition when the City Treasurer determines, after a good-faith review of available sources and the receipt of a written recommendation of the department head, that there is only one source for the required supplies, materials, equipment, construction of public improvements or contractual services. The department head shall conduct negotiations, as appropriate, as to price, delivery and terms. Sole-source procurement shall be approved by the Mayor and Common Council, as provided in § 36-5.
[Amended 10-24-2016 by Ord. No. 871]
D.
Professional services.
[Amended 10-24-2016 by Ord. No. 871]
(1)
Architectural, engineering, land surveying and planning services in amounts in excess of $25,000 shall be procured as provided pursuant to resolution of the Mayor and Common Council. When reasonably possible, at least three proposals shall be submitted to the Mayor and Common Council for its consideration. Services below that amount shall be subject to the provisions of Subsection A.
(2)
All contracts for other professional services, such as accounting, auditing, legal and insurance, in excess of $25,000 shall not be subject to the competitive bids provided in this chapter but shall be approved on an individual basis by the Mayor and Common Council. Services below that amount shall be subject to the provisions of Subsection A.
E.
Emergency procurements. Upon the request of a department
head, the Mayor, the City Administrator, or the City Treasurer may
authorize emergency procurements of all required supplies, materials,
equipment, construction improvements or contractual services where
there exists a threat to public health and safety or welfare. A written
determination for the basis for the emergency and for the selection
of a particular contractor shall be included in the file with respect
to the procurement. The Mayor, the City Administrator or the City
Treasurer shall notify the Common Council promptly, in writing, of
any emergency procurement exceeding $10,000 or any emergency procurement
below that amount if it has not been approved in the budget. In the
absence of the Mayor, the City Administrator or the City Treasurer,
the Council President may exercise the authority contained herein.
F.
Procurement waiver. Notwithstanding anything in this chapter to the contrary, the Mayor and Common Council may waive the requirements of Subsection B when the Mayor and Common Council determine by a vote of at least three members that specified unusual circumstances exist warranting such waiver and that the waiver will not impair the interests of transparency, fiscal responsibility, or good government.
[Added 11-14-2022 by Ord. No. 946]
[Amended 7-28-2003 by Ord. No. 708; 4-26-2006 by Ord. No. 750; 5-23-2011 by Ord. No. 826; 7-8-2013 by Ord. No. 844]
A.
All expenditures for supplies, materials, equipment, construction
of public improvements or contractual services involving more than
$25,000 shall be made by written contract.
[Amended 10-24-2016 by Ord. No. 871]
B.
The City shall advertise for sealed bids for written contracts which
shall be awarded to the bidder who offers the most responsible and
responsive bid, taking into account the price, quality of goods and
work, time of delivery or completion, responsibility of bidders, and
any other factors reasonably deemed relevant by the City. The specifications
for such sealed bids shall be prepared under the direction of the
City's various department heads and the request for bids advertised
on eMaryland Marketplace, if permitted by the state, and on the City's
website, unless the expenditure involves the use of grant funds, in
which case the request for bids shall be advertised as required by
the grantor's regulations. A brief summary of a procurement opportunity
shall be sent by text message and/or email to recipients who request
to be notified of procurements in such manner by written communication
to the City Clerk, and a notice of this practice shall be included
on the City's website. All sealed bids shall be directed to the City
Treasurer. A formal bid-opening process will be conducted by the Mayor
or the City Administrator, the City Treasurer and the responsible
department head or the department head's designee. Upon the opening
of bids, the responsible department head shall promptly review the
bids and make a written recommendation. The written recommendation
shall include a summary of the bids received and a description of
the basis for the department head's recommendation of award, and the
recommendation shall then be submitted to the City Clerk for placement
on the agenda of the Mayor and Common Council. The Mayor and Common
Council may accept and may reject any and all bids, waive technical
defects and accept a bid which in its judgment is in the best interest
of the City. It may also require the readvertisement of bids.
[Amended 11-14-2022 by Ord. No. 946]
C.
Where the acquisition of sealed bids is impractical, unreasonable
or not advantageous to the City, in a manner determined by the City
Administrator to be unusual or infrequently occurring, the department
head, with the approval of the City Administrator, shall institute
an alternate procurement method by utilizing the open market. In that
regard, the department head must submit to the City Administrator,
in writing, at least three quotations or offers and a recommendation.
Upon receipt of the same, the City Clerk shall place a description
of the basis for the department head's recommendation of award on
the agenda of the Mayor and Common Council. Thereafter, the Mayor
and Common Council may accept or reject such quotations or offers
that, in its judgment, are in the best interest of the City.
[Amended 10-24-2016 by Ord. No. 871]
D.
In the event that a federal, state, county, municipal corporation
or other political subdivision of this state or another state, or
an agency or instrumentality of such governmental entity, a quasi-governmental
entity, bi-state or bi-county agency, or any affiliation, alliance,
consortium or group composed solely of governmental entities that
is established for purposes of promoting intergovernmental cooperative
purchasing has conducted a competitive bidding process for an item
needed by the City, and if the City Administrator determines that
the bid price obtained by such entity is competitive, the City Treasurer
may, without soliciting bids, purchase the item in question at the
bid price from the successful bidder, provided that such governmental
entity or association has adopted procurement regulations that are
comparable to those enacted by the City and has awarded a contract
authorizing local governments to purchase the bid item at the bid
price. The City Clerk shall place the contract for said purchase on
the agenda of the Mayor and Common Council for approval. No such single
purchase shall exceed $100,000 without a waiver by the Common Council
of the bidding process for good cause shown.
E.
All written contracts shall be signed by the Mayor or, in the Mayor's
absence or unavailability, by the City Administrator and attested
by the City Clerk and may be protected by such bonds, penalties and
conditions as the Mayor and Common Council may require.
A.
Except as provided for in § 36-4E, no elected official, department head, City Clerk or the City Treasurer is authorized to enter into any contract for nonbudgeted items for the City without the approval of the Mayor and Common Council, and the City shall not be liable on any such contract.
[Amended 7-28-2003 by Ord. No. 708]
B.
No elected official shall direct that the City Treasurer
or a department head procure goods or services from any designated
person or entity.
[Amended 7-28-2003 by Ord. No. 708]
C.
All provisions of Chapter 16, entitled "Ethics, Code of," shall apply to all procurement and contracting conducted pursuant to this chapter. Additionally, except for emergencies, any expenditure for supplies, materials, equipment, construction of public improvements or contractual services shall be let or awarded only on the basis of competitive bidding where any official or employee of the City or members of their immediate family is financially interested. For purposes of this section, "immediate family" means spouse and dependent children. A person who owns less than 5% in any business or business entity shall not be considered financially interested.[1]
[1]
Editor's Note: Former Subsection D, regarding cooperative
procurement, which subsection immediately followed, was repealed 7-8-2013
by Ord. No. 844.
[Added 4-26-2021 by Ord. No. 933]
A.
The City
recognizes its responsibility to minimize negative impacts on human
health and the environment while supporting a diverse, equitable,
and vibrant community and economy. The City recognizes that the types
of products and services the City buys have inherent social, human
health, environmental, and economic impacts, and that the City should
make procurement decisions that embody the City’s commitment
to sustainability.
B.
In order to achieve the purpose set forth in Subsection A of this section, the Common Council shall adopt by resolution a policy reflecting goals and objectives relating to the incorporation of sustainable contracting practices and directs City staff to implement such policy in the acquisition of goods and services to the maximum extent practical.
