City of Taneytown, MD Chapter 46 Purchases and Contracts

[HISTORY: Adopted by the Mayor and Council of the City of Taneytown 3-11-1996 by Ord. No. 2-96 (Title 2, Ch. 3, Art. B of the 1980 Code). Amendments noted where applicable.]

§ 46-1 Purpose.

The purposes of this chapter are:

A. To provide for the fair and equitable treatment of all persons or firms involved in purchases by the city;

B. To assure that supplies, materials, equipment, construction of public improvements or contractual services are purchased efficiently, effectively and at the most favorable prices available to the city;

C. To promote competition in contracting; and

D. To provide safeguards for maintaining a purchasing system of quality and integrity.

§ 46-2 Applicability.

The provisions of this chapter shall apply to all contracts for the purchase of supplies, materials, equipment, construction of public improvements or contractual services made by the city after the effective date of this chapter (March 11, 1996).[1]

[1] Editor's Note: Original Sec. 2-3-13, Administration, which immediately followed this section, was deleted 8-9-1999 by Ord. No. 8-99 and 12-13-1999 by Ord. No. 9-99.

§ 46-3 Expenditures under $25,000.

[Added 10-15-2013 by Ord. No. 6-2013[1]]

Expenditures, including petty cash, for supplies, materials, equipment, construction of public improvements or contractual services involving less than $25,000 shall be made by the City Manager without the necessity for formal bids.[2]

[1] Editor's Note: This ordinance also superseded former § 46-3, Expenditures under $10,000, as amended.

[2] Editor's Note: Original Sec. 2-3-14(b), which immediately followed this section and dealt with expenditures of $7,500 or more, was deleted 8-9-1999 by Ord. No. 8-99 and 12-13-1999 by Ord. No. 9-99.

§ 46-4 Sole-source purchases.

[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99; 10-15-2013 by Ord. No. 6-2013]

A contract involving $25,000 or more may be awarded without competition when the City Manager determines, after a good faith review of available sources, that there is only one source for the required supplies, materials, equipment, construction of public improvements or contractual services. A written determination for the basis of the determination that there is only one source for the required supplies, materials, equipment, construction of public improvements or other contractual services shall be included in the file with respect to the purchase or shall be duly reported and noted in the minutes of the Mayor and Council. Sole-source procurement shall be approved by the Mayor and Council as provided in § 46-7.

§ 46-5 Professional services.

[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]

All contracts for professional services, such as accounting, architectural, auditing, engineering, land surveying, planning, legal and insurance services, in excess of $10,000 shall not be subject to the competitive bids provided in this chapter but shall be approved on an individual basis by the Mayor and Council.

§ 46-6 Emergency purchases.

Upon the request of the City Manager, the Mayor may authorize emergency purchases 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 purchase. The Mayor shall notify the Council promptly, in writing, of any emergency purchases. In the absence of the Mayor, the Mayor Pro Tem may exercise the authority contained herein.

§ 46-7 Procedure for sealed bids; written contracts.

[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99; 10-15-2013 by Ord. No. 6-2013]

A. The City Manager shall advertise for sealed bids for all purchases in the amount of $25,000 or more for written contracts which shall be awarded to the bidder who offers the lowest or best bid, quality of goods and work, time of delivery or completion and responsibility of bidders being considered. The specifications for such sealed bids shall be prepared under the direction of the City Manager. All sealed bids shall be directed to the City Manager. A formal bid opening process will be conducted by the Mayor and the Treasurer. Upon the opening of bids, the Treasurer shall promptly submit them for review and written recommendation as directed by the Mayor. The recommendation and bid shall then be submitted to the City Clerk for placement upon the agenda of the Mayor and Council. The Mayor and Council may accept or reject any and all bids and may waive technical defects and accept a bid which in its judgment is in the best interest of the City, or it may require advertisement of bids.

B. For purchases of less than $25,000 or where securing sealed bids is impractical, unreasonable or not advantageous to the City, the City Manager shall institute an alternate procurement method by utilizing the open market. A written basis for the determination that the securing of sealed bids is impractical, unreasonable or not advantageous to the City shall be included in the file with respect to the purchase or duly noted in the minutes of the Mayor and Council meeting.

C. All written contracts for amounts of $25,000 or more shall be signed by the Mayor and attested by the City Clerk. Contracts for less than $25,000 may be signed by the City Manager. All contracts may be protected by such bonds, penalties and conditions as the Mayor and Council may require.

§ 46-8 Cooperative purchases.

Nothing in this chapter shall prohibit cooperative procurement with federal, state, county or other municipal governments.