TOWN OF NEW WINDSOR ORDINANCE NO.L  A  03-15-2) A  WHEREAS, by virtue oft the authority contained in Section 5-1 ofthe Town Charter, the Mayor and Council oft the Town of New Windsor are authorized to adopt an Ordinance relating to purchasing and procurement of goods and services for the Town; and  WHEREAS, the Mayor and Council determine that this legislation is necessary and  in the public interest of the citizens of the Town; and  WHEREAS, these matters were duly considered by the Mayor and Council at a  Public Hearing held on  ARTICLE 1. That a new Chapter 3 be added to the Code of the Town of New  Windsor to read as follows:  PURCHASING AND PROCUREMENT  $3-1.  Definitions.  For the purpose of this chapter, the following words and phrases shall have the  meanings set forth in this section:  A.  Public mprovement- Any improvement undertaken by the Town, including  construction or reconstruction in whole or in part of any road, bridge, street, building or water, sewer or storm drain facility or any similar structure or facility necessary in carrying  out the activities of the Town government.  B.  Contractual Services - Includes all types of services required by the Town,  but not furnished by its own employees, except professional services which are by their  nature not subject to competition.  C. Purchasing Agent- - The Town Manager or Department Head, as applicable.  1      D. Supplies = Includes all commodities, materials, equipment and all other articles or things furnished to be used by any department or Town official or employee.  $3-2.  Specific Regulations.  A.  Under Twenty Thousand Dollars ($20,000.00). Expenditures for supplies,  materials, equipment, construction of public improvements or contractual services involving less than Twenty Thousand Dollars ($20,000.00) shall be made by the Town Manager, the Town Clerk, or a department head, provided the amount of the procurement  is within the budget.  B. Twenty Thousand Dollars ($20,000.00) and above. Except as otherwise provided in this section, expenditures for supplies, materials, equipment, construction of public improvements or contractual services involving Twenty Thousand Dollars  ($20,000.00) or more, shall be made as provided in $3-4.  C. Sole-source procurement. A contract involving Twenty Thousand Dollars ($20,000.00) or more may be awarded without competitive bidding when the Town Manager determines, after a review of available resources and the receipt of a written recommendation of the department head where applicable, that there is only one source for the required item or service. The Town Manager or department head shall negotiate, as appropriate, regarding price, delivery, and terms. Sole-source procurement shall be  approved by the Council.  D. Professional Services.  1. For architectural, engineering, surveying, and planning services, anticipated to be greater than Twenty Thousand Dollars ($20,000.00), the Town Manager shall obtain at least three (3) proposals when practical. The  2    Town Manager shall submit the proposals, with a recommendation, to the Council for its determination. Services anticipated to be in amounts less than Twenty Thousand Dollars ($20,000.00) shall be subject to the  provisions of Subsection A hereof.  2. All contracts for other professional services, such as accounting, auditing, legal and insurance, anticipated to be in excess of Twenty Thousand Dollars ($20,000.00) shall not be subject to competitive bid requirements but shall be approved on an individual basis by the Council. Services below Twenty Thousand Dollars ($20,000.00) shall be subject to  the provisions of Subsection A hereof.  E. No anticipated contract or purchase shall be divided to avoid the  requirements of $3-2.  F. When the advertisement for sealed bids is impractical, unreasonable, or disadvantageous to the Town, the Purchasing Agent may institute an alternative method by utilizing the open market. The Purchasing Agent shall obtain at least three (3) price quotes or offers, and present them to the Council with a recommendation. The Council may reject the bids or offers, or accept such as is in the best interests of the Town.  $3-3.  Emergency purchases.  A. An emergency for purposes of this chapter shall be deemed to exist when a breakdown in equipment, machinery, and/or a threatened curtailment of essential services or a dangerous condition develops, orv when any unforeseen circumstance arises  causing curtailment or diminution of an essential services.  3    B. Inc cases or emergency, the Purchasing Agent may directly purchase the required supplies or services. The Purchasing Agent shall, whenever practical, obtain three (3) competitive informal bids and order from the lowest responsible bidder. The Mayor shall be notified of the emergency, and a written record shall be prepared as promptly as possible concerning the circumstances of the emergency. A tabulation of any bids and the amount expended shall be presented to the Mayor and Council at its  next meeting.  C. The Purchasing Agent shall endeavor to reduce emergency purchases to a minimum by use of service contracts or other arrangements for standby services.  $3-4.  Written Contracts.  All supplies, contractual services, and capital improvements, where the estimated cost exceeds Twenty Thousand Dollars ($20,000.00) shall be purchased by formal written contract with the lowest responsible bidder as detailed in $3-6. The following procedures  shall be observed:  A. The Purchasing Agent shall cause appropriate written specifications to be prepared. The Town may, but is not required to, use "value engineering" and/or design/build" clauses in specifications and contracts for construction projects ofsufficient  size to offer reasonable opportunities for cost reduction.  B. Advertisement to prospective bidders shall be given in at least one issue of an newspaper having general circulation in the Town at least fifteen (15) days before the date for the opening of bids. The Purchasing Agent may also advertise in any publication, website or other platform which is particular toi the proposed project. Such advertisement shall include a general description of the supplies or contractual services involved or the  4    capital improvement to be undertaken and shall state where bid forms and specifications  may be obtained and the place and time of opening bids.  C. Bids shall be opened publicly by the Purchasing Agent and recorded by the Town Clerk. The Purchasing Agent shall review and evaluate the bids then make a recommendation to the Council at its next meeting. The Council, by motion, shall award the contract to the lowest or best responsible bidder, except that the Council may reject all bids, parts of all bids or all bids for any one or more items included in the proposed contract, or waive technical defects whenever, in its judgment, the public interest will be  served thereby.  D. All contracts shall be signed on behalf of the Town by the Mayor or  Purchasing Agent. $3-5.  Negotiated Adjustments.  A. Ifthe lowest responsible bid exceeds the available funds as certified by the Clerk-Treasurer, the Town Manager is authorized to negotiate an adjustment of the bid  price in order to bring the bid within the amount of available funds when:  1. This can be achieved without materially changing the scope of the  procurement; and  2. When time or economic considerations preclude resolicitation of  work of a reduced scope.  B. Any such negotiated adjustment shall be based only on eliminating  independent deductive items specified in the invitation for bids.  C.  Regardless of the amount by which the bid exceeds available funds, the  Town may reduce the scope oft the project during the budget year and allow for completion  of the project in the next budget year.  5    $3-6.  Lowest responsible bidder.  A. In determining the lowest responsible bidder, the Town shall consider:  1. The ability, capacity, and skill ofi 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, with the  Town and/or with references provided;  5. The previous and existing compliance by the bidder with laws and  ordinances relating to the contract or service;  6.  Whether the bidder is in arrears on debt or contract or is a defaulter on surety or whether the bidder's taxes or assessments are delinquent;  7.  Such other information as may have a bearing on the decision to  award the contract.  B. The Town reserves the right to disqualify any bidder, whether an individual or an entity, who has been debarred or suspended from consideration for contracts by  Carroll County or any other State or local governmental entity.  6    $3-7.  Correction or withdrawal of bids.  Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards based on such bid mistakes, may be permitted by the  Town Manager under the following conditions:  A. Bids with mistakes discovered before bid opening may be modified or withdrawn upon written notice received by the Town before the time of bid opening;  B. After bid opening, no changes in bid totals, prices, or other provisions  prejudicial to the Town's interest or to fair competition shall be permitted;  C. In lieu of bid correction, a bidder alleging a material mistake of fact may be  permitted to withdraw its bid if:  1. 2.  The mistake is clearly evident on the face of the bid document; or The bidder submits evidence which adequately demonstrates that a  mistake of fact was made.  D. All decisions to permit bids to be corrected or withdrawn based on bid  mistakes shall be at the Town's sole discretion.  $3-8.  Cooperative Purchasing.  In lieu of the competitive bid process outlined in $3-4, the Town Manager may participate in cooperative or "piggyback" purchasing with other governments or intergovernmental associations, providing the public notice for the bid or contract is in  accordance with the rules and regulations of the soliciting entity.  7    $3-9.  Purchase order procedures.  A. All purchase orders will be signed by the Town Manager or his or her  designee.  B. Before any payment on a delivery will be made, the Purchasing Agent will  ensure that the item or services have been delivered in good condition.  $3-10.  Sale of any items, including supplies, equipment, and other materials. A. The Purchasing Agent is authorized to exchange or trade-in obsolete equipment or surplus supplies in part off full payment for new supplies or equipment.  B. The Purchasing Agent may sell any Town owned items, including supplies, equipment and other materials which are determined to be surplus, obsolete, or no longer  needed.  C. This provision shall not apply to materials sold to the general public, including commemorative items, collectible items, items marked with the Town Seal or  name. $3-11.  Credit Cards.  Certain employees may be authorized to utilize debit or credit card accounts established by the Town. These accounts shall not be used for personal business by any such employee. Receipts and all other documentation of any credit card use shall be  provided to the Clerk-Treasurer as soon as practicable after the use.  $3-12.  Additional provisions.  A. Except as provided in $3-3, no elected official, department head, Town Manager, or Clerk-Treasurer is authorized to enter into any contract for non-budgeted  8    items for the Town without the approval of the Council, and the Town shall not be liable  ona any such contract.  B. No elected official shall direct that the Town Manager, Clerk, or department head procure goods or services from any specific person or entity except as provided by  this chapter. ARTICLE2.  Severability.  Ifany section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competentj jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this chapter, it being the intent of the Town that this chapter shall stand, notwitnstanding the invalidity of any section,  subsection, sentence, clause, phrase or portion thereof.  ARTICLE3.  Section Headings, Chapter Headings, Titles.  Section headings, chapter headings, titles, etc., are for the purpose of description or ease of use and do not form a part of the text of this Ordinance or any Code or test  adopted hereby. ARTICLE 4.  Existing Liabilities.  This Ordinance shall not discharge, impair, or release any contract, obligation, duty, liability, or penalty whatever existing on the date of its enactment. All suits and actions, both civil and criminal pending or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance affected by the adoption of this Ordinance shall be instituted, proceeded with, and prosecuted to final determination and judgment as if this Ordinance had not become effective.  9    ARTICLE! 5.  Effective Date.  This Ordinance shall take effect on the  day of 2021.  2021.  Introduced this  day of  Donna Alban, Town Clerk  Passed this members in favor, and  day of  2021, by a vote of  Council  Council members opposed.  Donna Alban, Town Clerk  ATTEST:  Donna Alban, Town Clerk  Neal C. Roop, Mayor  Effective this  day of  2021.  Approved as to form and legal sufficiency this  day of 2021.  By:  Michelle M. Ostrander  NOTE:  Matter in [brackets] is proposed for deletion from existing law. Matter underlined is new material proposed to be added to existing law.  10