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Code Index | Title: 1, 2, 3, 4, 5, 6,
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15, 16, 17
AN
ORDINANCE TO AMEND
TITLE 3
OF THE CODE OF EMMITSBURG
ENTITLED
REVENUE AND FINANCE
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AN ORDINANCE TO ENACT PROVISIONS FOR THE PURCHASING AND
ACQUISITION OF SUPPLIES, MATERIALS, EQUIPMENT,
CONSTRUCTION OF PUBLIC IMPROVEMENTS OR CONTRACTUAL
SERVICES; TO AUTHORIZE EXPENDITURES UNDER $5,000 FOR
BUDGETED ITEMS WITHOUT THE NECESSITY FOR FORMAL BIDS OR
APPROVAL BY THE BOARD OF COMMISSIONERS; TO AUTHORIZE
EXPENDITURES OF $5,000 OR MORE AND LESS THAN
$20,000 FOR BUDGETED ITEMS ONLY WITH THREE WRITTEN
ESTIMATES, BUT WITHOUT THE NECESSITY OF APPROVAL BY THE
BOARD OF COMMISSIONERS ; TO REQUIRE A WRITTEN CONTRACT
FOR EXPENDITURES OF $20,000 OR MORE, WITH CERTAIN
EXCEPTIONS; TO PROVIDE FOR THE CONTRACTING FOR
PROFESSIONAL SERVICES; TO PROVIDE PROCEDURES FOR THE
COMPETITIVE BIDDING PROCESS.
SECTION I: BE IT
RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of
Commissioners of the Town of Emmitsburg, Maryland that
the following is hereby enacted to be codified as Title
3, Chapter 3.12 of the Emmitsburg Municipal Code. New
language is designated by being in BOLD CAPITAL LETTERS.
TITLE 3 - REVENUE AND
FINANCE CHAPTER 3.12: PURCHASES AND CONTRACTS 3.12.010.
PURPOSE THE PURPOSE OF THIS CHAPTER IS:
A. TO PROVIDE FOR THE
FAIR AND EQUITABLE TREATMENT OF ALL PERSONS OR FIRMS
INVOLVED IN PURCHASES BY THE TOWN; 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 TOWN; C. TO PROMOTE COMPETITION
IN CONTRACTING; AND D. TO PROVIDE SAFEGUARDS FOR
MAINTAINING A PURCHASING SYSTEM OF QUALITY AND
INTEGRITY.
3.12.020 APPLICABILITY
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PROVISIONS OF
THIS CHAPTER SHALL APPLY TO ALL CONTRACTS AND
EXPENDITURES MADE BY THE TOWN FROM PUBLIC FUNDS,
INCLUDING FUNDS IN THE GENERAL ACCOUNTS, SEWER
ENTERPRISE ACCOUNT AND WATER ENTERPRISE ACCOUNT.
3.12.030 EXPENDITURES
UNDER $20,000 A. EXPENDITURES INVOLVING LESS THAN $5,000
MAY BE MADE BY THE MAYOR, THE TOWN MANAGER OR THE TOWN
CLERK WITHOUT THE NECESSITY FOR FORMAL BIDS OR FORMAL
APPROVAL BY THE BOARD OF COMMISSIONERS PROVIDED THE
FUNDS HAVE BEEN APPROPRIATED IN THE BUDGET FOR THE USE
INTENDED.
B. EXCEPT AS OTHERWISE
PROVIDED IN SECTION 3.12.040(B), EXPENDITURES INVOLVING
$5,000 OR MORE AND LESS THAN $20,000 MAY BE MADE BY THE
MAYOR, THE TOWN MANAGER OR THE TOWN CLERK WITHOUT THE
NECESSITY FOR FORMAL APPROVAL BY THE BOARD OF
COMMISSIONERS; PROVIDED, HOWEVER, THAT AT LEAST THREE
(3) WRITTEN ESTIMATES SHALL BE OBTAINED FOR THE
PARTICULAR EXPENDITURE AND THAT THE FUNDS HAVE BEEN
APPROPRIATED IN THE BUDGET FOR THE USE INTENDED.
C. IN MAKING ANY
EXPENDITURES UNDER THE AUTHORITY GRANTED IN THIS
SECTION, THE ACQUISITION OF ANY ITEM, SET OF ITEMS,
PROJECT OR SERVICE SHALL NOT BE DIVIDED IN SUCH A MANNER
SO AS TO AVOID THE COST LIMITATIONS SET FORTH IN THIS
SECTION.
3.12.040 EXPENDITURES
OVER $20,000 A. EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, EXPENDITURES INVOLVING $20,000 OR MORE SHALL BE
MADE BY WRITTEN CONTRACT IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN SECTION 3.12.050.
B. AN EXPENDITURE
INVOLVING $20,000 OR MORE OR AN EXPENDITURE INVOLVING
$5,000 OR MORE AND LESS THAN $20,000 (UNDER SECTION
3.12.030(B)) MAY BE MADE WITHOUT A WRITTEN ESTIMATE OR
WRITTEN CONTRACT WHEN THE TOWN MANAGER DETERMINES, AFTER
A GOOD FAITH REVIEW OF AVAILABLE SOURCES, THAT THERE IS
ONLY ONE APPROPRIATE SOURCE FOR THE REQUIRED SUPPLIES,
MATERIALS, EQUIPMENT, CONSTRUCTION OF PUBLIC
IMPROVEMENTS OR CONTRACTUAL SERVICES. A WRITTEN
STATEMENT FOR THE BASIS OF THE DETERMINATION THAT THERE
IS ONLY ONE APPROPRIATE SOURCE SHALL BE MADE BY THE TOWN
MANAGER AND SUBMITTED TO THE MAYOR AND BOARD OF
COMMISSIONERS. THE TOWN MANAGER SHALL CONDUCT
NEGOTIATIONS, AS APPROPRIATE, AS TO PRICE, DELIVERY AND
TERMS. ANY SUCH EXPENDITURE SHALL BE APPROVED BY THE
MAYOR AND BOARD OF COMMISSIONERS.
C. WHERE THERE EXISTS A
THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE, THE MAYOR
MAY AUTHORIZE EMERGENCY EXPENDITURES FOR ANY SUPPLIES,
MATERIALS, EQUIPMENT, CONSTRUCTION IMPROVEMENTS OR
CONTRACTUAL SERVICES AS MAY BE REQUIRED TO ADDRESS THE
THREAT WITHOUT THE NECESSITY OF A WRITTEN CONTRACT OR
COMPETITIVE BIDDING. A WRITTEN STATEMENT FOR THE BASIS
FOR THE EMERGENCY AND FOR THE SELECTION OF A PARTICULAR
CONTRACTOR OR ACQUISITION SHALL BE INCLUDED IN THE FILE
WITH RESPECT TO THE EXPENDITURE. THE MAYOR OR THE TOWN
MANAGER SHALL PROMPTLY NOTIFY THE BOARD OF
COMMISSIONERS, IN WRITING, OF ANY EMERGENCY EXPENDITURE.
IN THE ABSENCE OF THE MAYOR, THE PRESIDENT OF THE BOARD
OF COMMISSIONERS MAY EXERCISE THE AUTHORITY CONTAINED IN
THIS SUB-SECTION C.
D. THE TOWN MAY JOIN
WITH OTHER UNITS OF GOVERNMENT IN COOPERATIVE PURCHASING
PLANS WHEN THE BEST INTERESTS OF THE TOWN WOULD BE
SERVED. AN EXPENDITURE INVOLVING $20,000 OR MORE OR AN
EXPENDITURE INVOLVING $5,000 OR MORE AND LESS THAN
$20,000 (UNDER SECTION 3.12.030(B)) MAY BE MADE WITHOUT
COMPETITIVE BIDDING WHERE: (1) THE SUPPLIER WITH WHOM
THE TOWN INTENDS TO CONTRACT OFFERS GOODS OR SERVICES ON
THE SAME TERMS AND CONDITIONS AS THOSE PROVIDED TO OTHER
STATE OR LOCAL GOVERNMENTS OR THEIR AGENCIES AND WHICH
HAVE ARRIVED AT THOSE TERMS AND CONDITIONS THROUGH A
COMPETITIVE PROCUREMENT PROCEDURE; (2) THE TOWN
CONTRACTS DIRECTLY WITH STATE OR LOCAL GOVERNMENTS OR
AGENCIES THEREOF FOR GOODS OR SERVICES WHEN SUCH GOODS
OR SERVICES WERE OBTAINED THROUGH COMPETITIVE
PROCUREMENT PROCEDURES; (3) THE TOWN CONTRACTS WITH A
STATE OR LOCAL GOVERNMENT OR AGENCY THEREOF TO PROVIDE
OR RECEIVE ANY WORK OR SERVICES OF THE TYPE THE TOWN OR
SUCH OTHER GOVERNMENT OR AGENCY PERFORMS FOR ITS
JURISDICTION;
3.12.050. PROCEDURE FOR
SEALED BIDS AND WRITTEN CONTRACTS.
A. EXCEPT AS OTHERWISE
PROVIDED IN THIS CHAPTER, ALL WRITTEN CONTRACTS
INVOLVING $20,000.00 OR MORE SHALL BE AWARDED BY SEALED
BIDS, AND THE TOWN MANAGER SHALL ADVERTISE FOR ALL SUCH
SEALED BIDS. B. THE SPECIFICATIONS FOR SUCH SEALED BIDS
SHALL BE PREPARED UNDER THE DIRECTION OF THE TOWN
MANAGER. THE TOWN SHALL GIVE NOTICE OF THE REQUEST FOR
BID PROPOSALS IN A NEWSPAPER OF GENERAL CIRCULATION IN
EMMITSBURG FOR A MINIMUM OF FOUR (4) WEEKS PRIOR TO THE
DATE SET FOR THE SUBMISSION OF BIDS. THE NOTICE SHALL
INCLUDE A BRIEF DESCRIPTION OF THE ITEM OR ITEMS TO BE
BID, THE LOCATION WHERE SPECIFICATIONS MAY BE OBTAINED
FOR THE ITEM OR ITEMS TO BE BID, THE LOCATION AT WHICH
AND THE TIME AND DATE ON WHICH SEALED BIDS ARE TO BE
SUBMITTED, AND ANY BOND OR SPECIAL CONDITIONS TO WHICH
THE ITEM OR ITEMS MAY BE SUBJECT. ALL SEALED BIDS SHALL
BE DIRECTED TO THE TOWN MANAGER.
C. (1) UPON THE
EXPIRATION OF THE TIME FOR SUBMITTING BIDS, AN INFORMAL
BID OPENING PROCESS SHALL BE CONDUCTED BY THE TOWN
MANAGER AND THE HEAD OF ANY DEPARTMENT HAVING A DIRECT
INTEREST IN THE BID PROPOSAL. UPON THE OPENING OF BIDS,
THE TOWN MANAGER AND THE HEAD OF THE APPROPRIATE
DEPARTMENT SHALL REVIEW THE SEALED BIDS AND MAKE A
PRELIMINARY DETERMINATION AS TO WHETHER THE BIDS SHOULD
BE SUBMITTED TO THE MAYOR AND BOARD OF COMMISSIONERS FOR
REVIEW AND DECISION OR WHETHER A REQUEST SHOULD BE MADE
TO EACH BIDDER FOR A BEST AND FINAL OFFER. (2) THE TOWN
MANAGER MAY SEEK FROM EACH BIDDER THEIR BEST AND FINAL
OFFER. IN MAKING SUCH REQUEST, NO ADDITIONAL INFORMATION
MAY BE PROVIDED TO THE BIDDERS. IF A REQUEST FOR A BEST
AND FINAL OFFER IS MADE, SUCH REQUESTS SHALL BE
PRESENTED TO EACH AND EVERY BIDDER SUBMITTING A BID. (3)
WITHIN NINETY (90) DAYS OF THE DATE SET FOR THE
SUBMISSION OF THE BIDS, THE TOWN MANAGER SHALL, IN HIS
OR HER BEST JUDGMENT, EITHER SUBMIT THE BIDS (AND, IF
APPLICABLE, ALL BEST AND FINAL OFFERS) TO THE MAYOR AND
BOARD OF COMMISSIONERS FOR REVIEW AND CONSIDERATION OR
SHALL RECOMMEND THAT THE REQUEST FOR BIDS BE RE-ADVERTIZED.
IF THE MAYOR AND BOARD OF COMMISSIONERS DETERMINE THAT
THE REQUEST FOR BIDS SHOULD BE RE-ADVERTIZED, THE SAME
PROCEDURES SET FORTH HEREIN FOR THE INITIAL REQUEST
SHALL BE FOLLOWED, AND THE ORIGINAL BIDS SHALL BE
RE-SEALED AND RETAINED UNTIL SUCH TIME AS A FINAL
CONTRACT IS ENTERED INTO OR THE PROJECT IS ABANDONED.
(4) IN ALL EVENTS, ALL
BIDS SUBMITTED SHALL BE AND REMAIN CONFIDENTIAL UNTIL
THE TOWN MANAGER DETERMINES THAT THEY SHOULD BE
SUBMITTED TO THE MAYOR AND BOARD OF COMMISSIONERS FOR
REVIEW AND CONSIDERATION. UNTIL SUCH TIME, NEITHER THE
TOWN MANAGER, NOR THE HEAD OF ANY DEPARTMENT
PARTICIPATING IN THE PRELIMINARY REVIEW OF BIDS, NOR ANY
OTHER EMPLOYEE, AGENT, OFFICER OR OFFICIAL OF THE TOWN
MAY DIVULGE THE CONTENT OF ANY BID OR ANY ASPECT OF THE
BID TO ANY PERSON, BOARD, GROUP, COMMITTEE, COMMISSION,
OR ENTITY. D. UPON A DETERMINATION THAT THE BIDS SHALL
BE SUBMITTED TO THE MAYOR AND BOARD OF COMMISSIONERS,
THE FORMAL OPENING AND CONSIDERATION OF THE BIDS SHALL
BE PLACED ON THE AGENDA OF A PUBLIC MEETING OF THE MAYOR
AND BOARD OF COMMISSIONERS, AND THE TOWN MANAGER SHALL
NOTIFY EACH PERSON OR ENTITY SUBMITTING A BID OF THE
DATE, TIME AND LOCATION FOR THAT MEETING.
E. AFTER PUBLIC REVIEW
AND CONSIDERATION OF THE BIDS SUBMITTED, THE MAYOR AND
BOARD OF COMMISSIONERS MAY ACCEPT OR MAY REJECT ANY AND
ALL BIDS, OR IT MAY WAIVE TECHNICAL DEFECTS ACCEPT ANY
BID WHICH, IN ITS JUDGMENT, IS IN THE BEST INTEREST OF
THE TOWN. IN ACCEPTING OR REJECTING A BID AND IN
AWARDING WRITTEN CONTRACTS BASED UPON THE BIDS, THE TOWN
MAY CONSIDER VARIOUS FACTORS INCLUDING, BUT NOT LIMITED
TO, THE BIDDER WHO OFFERS THE LOWEST RESPONSIBLE BID,
THE QUALITY OF THE GOODS AND WORK PROPOSED, THE TIME OF
DELIVERY OR COMPLETION, AND THE RESPONSIBILITY OF
BIDDERS BEING CONSIDERED. THE TOWN SHALL HAVE THE
ABSOLUTE RIGHT TO REJECT ANY OR ALL BIDS AND SHALL NOT
BE OBLIGATED TO ACCEPT ANY BID, INCLUDING THE LOWEST
BID. IT MAY ALSO REJECT ALL BIDS AND REQUIRE THE
RE-ADVERTISEMENT OF BIDS. F. WHERE THE SECURING OF
SEALED BIDS IS IMPRACTICAL, UNREASONABLE OR NOT
ADVANTAGEOUS TO THE TOWN, THE TOWN MANAGER MAY INSTITUTE
AN ALTERNATE PROCUREMENT METHOD BY UTILIZING THE OPEN
MARKET. A WRITTEN STATEMENT GIVING THE BASIS FOR THE
DETERMINATION THAT THE SECURING OF SEALED BIDS IS
IMPRACTICAL, UNREASONABLE OR NOT ADVANTAGEOUS TO THE
TOWN SHALL BE SUBMITTED BY THE TOWN MANAGER TO THE MAYOR
AND BOARD OF COMMISSIONERS. THE WRITTEN STATEMENT SHALL
INCLUDE AT LEAST THREE BONA FIDE QUOTATIONS OR OFFERS
AND A RECOMMENDATION REGARDING THE ISSUE. THE MAYOR AND
BOARD OF COMMISSIONERS MAY ACCEPT OR REJECT THE
RECOMMENDATION AND THE QUOTATIONS OR OFFERS WHICH IN ITS
JUDGMENT ARE IN THE BEST INTEREST OF THE TOWN. G. THE
TOWN MAY, AT ANY TIME AND IN ITS SOLE DISCRETION, EMPLOY
ITS OWN FORCES FOR THE CONSTRUCTION OR RECONSTRUCTION OF
PUBLIC IMPROVEMENTS WITHOUT ADVERTISING FOR (OR
RE-ADVERTISING FOR) OR RECEIVING BIDS.
3.12.060. CHANGE
ORDERS. A. THE UTILIZATION OF CHANGE ORDERS ARE
DISCOURAGED. TOWARD THAT END, SPECIFICATIONS IN A
REQUEST FOR PROPOSAL (RFP) SHALL BE AS COMPLETE AND
ACCURATE AS POSSIBLE, AND PRE-BID CONFERENCES ARE
ENCOURAGED FOR COMPLEX OR SUBSTANTIAL PROJECTS.
PROPOSALS FROM BIDDERS SHALL BE COMPLETE AND THOROUGH
AND SHALL ADDRESS ALL SPECIFICATIONS SET FORTH IN THE
RFP. NOTWITHSTANDING THE FOREGOING, CHANGE ORDERS ARE
OCCASIONALLY REQUIRED OR DEEMED DESIRABLE WHERE
UNFORESEEN CIRCUMSTANCES ARISE OR WHEN THE TOWN SEEKS TO
ADD TO THE SCOPE OR PARAMETERS OF THE PROJECT. B. IN
CIRCUMSTANCES IN WHICH ONE OR MORE CHANGE ORDERS ARE
REQUIRED OR ARE DEEMED ADVISABLE, THE FOLLOWING
PROCEDURES SHALL BE FOLLOWED:
(1) THE SUPERVISOR,
DEPARTMENT HEAD, ENGINEER, PROJECT MANAGER, OR
CONSULTANT HAVING SUPERVISION OVER THE PROJECT FOR WHICH
A CHANGE ORDER IS REQUESTED SHALL COMPLETE A CHANGE
ORDER REQUEST FORM, AND SHALL PROVIDE DOCUMENTATION
ADEQUATE AND SUFFICIENT TO SUPPORT SUCH REQUEST. SUCH
DOCUMENTATION SHALL INCLUDE THE NATURE AND EXTENT OF THE
REQUESTED CHANGE, THE REASON FOR THE REQUESTED CHANGE,
THE COST OF SUCH CHANGE (INCLUDING WHETHER A CREDIT OR
ADD-ON CHANGE), THE ADDITIONAL TIME, IF ANY, REQUIRED TO
IMPLEMENT THE CHANGE, THE EXPECTED CONSEQUENCES IF THE
CHANGE IS NOT APPROVED, AND ANY OTHER CONSIDERATIONS
DEEMED RELEVANT TO THE REQUESTED CHANGE. THE CHANGE
ORDER REQUEST FORM AND ALL DOCUMENTATION SHALL BE
SUBMITTED FOR REVIEW TO THE TOWN MANAGER OR, IN THE
ABSENCE OF THE TOWN MANAGER, TO THE MAYOR.
(2) NO CHANGE ORDER
SHALL BE APPROVED PURSUANT TO THIS SECTION UNLESS SUCH
APPROVAL IS DEEMED (A) NECESSARY, DESIRABLE OR
APPROPRIATE FOR THE COMPLETION OR FURTHERANCE OF THE
PROJECT, AND (B) THE FUNDS WHICH HAVE BEEN APPROPRIATED
IN THE BUDGET FOR THE PROJECT ARE ADEQUATE TO COVER THE
EXPENDITURES REQUIRED UNDER THE REQUESTED CHANGE ORDER
OR ORDERS.
(3) THE TOWN MANAGER
OR, IN THE ABSENCE OF THE TOWN MANAGER, THE MAYOR MAY
APPROVE ANY CHANGE ORDER OR SERIES OF CHANGE ORDERS FOR
AN INDIVIDUAL PROJECT IF THE COST OF AND EXPENDITURES
REQUIRED FOR ALL SUCH CHANGE ORDERS, EITHER INDIVIDUALLY
OR IN THE CONGLOMERATE, IS LESS THAN TEN PERCENT OF THE
ORIGINAL PROJECT COST . APPROVAL OR DENIAL OF ANY
REQUESTED CHANGE ORDER SHALL BE EVIDENCED BY THE
SIGNATURE OF THE TOWN MANAGER OR, IN THE ABSENCE OF THE
TOWN MANAGER, THE MAYOR ON THE CHANGE ORDER REQUEST FORM
IN A MANNER REFLECTING SUCH APPROVAL OR DENIAL AND THE
DATE THEREOF. (4) ONLY THE BOARD OF COMMISSIONERS MAY
APPROVE A CHANGE ORDER REQUEST FOR AN INDIVIDUAL PROJECT
REQUIRING EXPENDITURES OF MORE THAN TEN PERCENT OF THE
ORIGINAL PROJECT COST. ONLY THE BOARD OF COMMISSIONERS
MAY APPROVE A CHANGE ORDER FOR WHICH THE REQUIRED
EXPENDITURES, WHEN ADDED TO PRIOR CHANGE ORDERS, EQUALS
MORE THAN TEN PERCENT OF THE ORIGINAL PROJECT COST. FOR
ALL SUCH CHANGE ORDER REQUESTS, THE TOWN MANAGER SHALL
SUBMIT TO THE BOARD OF COMMISSIONERS THE CHANGE ORDER
REQUEST FORM AND ALL SUPPORTING DOCUMENTATION FOR REVIEW
AND CONSIDERATION. APPROVAL OR DENIAL OF ANY REQUESTED
CHANGE ORDER SHALL BE EVIDENCED BY THE SIGNATURE OF THE
PRESIDENT OF THE BOARD OR, IN THE ABSENCE OF THE
PRESIDENT, THE VICE-PRESIDENT ON THE CHANGE ORDER
REQUEST FORM IN A MANNER REFLECTING SUCH APPROVAL OR
DENIAL AND THE DATE THEREOF.
(5) NO OPEN-ENDED
CHANGE ORDER MAY BE APPROVED.
(6) NO CHANGE ORDER
WHICH IS NOT APPROVED IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION SHALL BE VALID, AND NO LIABILITY FOR
DAMAGES OR COSTS UNDER SUCH CHANGE ORDER SHALL BE
IMPOSED UPON THE TOWN, ITS OFFICERS, OFFICIALS,
EMPLOYEES OR AGENTS; PROVIDED, HOWEVER, THAT THE
REQUIREMENTS OF THIS SECTION MAY BE VARIED BY A WRITTEN
CONTRACT APPROVED BY THE MAJORITY VOTE OF THE BOARD OF
COMMISSIONERS AND SIGNED BY THE MAYOR.
3.12.070 PROFESSIONAL
SERVICES THE INITIAL CONTRACTOR FOR PROFESSIONAL
SERVICES, INCLUDING LEGAL, ACCOUNTING, PLANNING,
ENGINEERING, ARCHITECTURAL, AND OTHER GENERAL CONSULTING
SERVICES, SHALL BE AWARDED AND APPROVED BY THE BOARD OF
COMMISSIONERS THROUGH EITHER SEALED COMPETITIVE BIDS OR
COMPETITIVE NEGOTIATION OR THROUGH AN EVALUATION OF THE
PROPOSALS AND QUALIFICATIONS OF THOSE UNDER
CONSIDERATION FOR PROVIDING SUCH SERVICES. ONCE A
PERSON, FIRM OR ENTITY HAS BEEN RETAINED TO PROVIDE SUCH
PROFESSIONAL SERVICES ON A REGULAR BASIS, THE MAYOR,
TOWN MANAGER AND TOWN STAFF MAY CONSULT AND ENGAGE WITH
SUCH PROVIDER TO PROVIDE ADVICE AND OTHER PROFESSIONAL
SERVICES UNTIL SUCH TIME AS THE BOARD OF COMMISSIONERS
DETERMINE TO TERMINATE THE SERVICES OF THE PROFESSIONAL
SERVICE PROVIDER.
13.12.080 SIGNING OF
CONTRACTS A BEFORE ANY CONTRACT IS APPROVED BY THE BOARD
OF COMMISSIONERS AND EXECUTED BY THE MAYOR, THE CONTRACT
SHALL BE REVIEWED, APPROVED AND SIGNED BY THE TOWN
MANAGER FOR TECHNICAL SUFFICIENCY, BY THE TOWN CLERK FOR
FINANCIAL SUFFICIENCY, AND, IF APPROPRIATE, BY THE TOWN
ATTORNEY FOR LEGAL SUFFICIENCY.
B. ALL WRITTEN
CONTRACTS SHALL BE SIGNED BY THE MAYOR AND ATTESTED BY
THE TOWN MANAGER OR TOWN CLERK AND MAY BE PROTECTED BY
SUCH BONDS, PENALTIES AND CONDITIONS AS THE MAYOR AND
BOARD OF COMMISSIONERS MAY REQUIRE. C. EXCEPT AS MAY
OTHERWISE BE PROVIDED HEREIN, NO ELECTED OR APPOINTED
OFFICIAL, DEPARTMENT HEAD, OR EMPLOYEE IS AUTHORIZED TO
ENTER INTO ANY CONTRACT FOR NON-BUDGETED ITEMS FOR THE
TOWN WITHOUT THE APPROVAL OF THE MAYOR AND BOARD OF
COMMISSIONERS, AND THE TOWN SHALL NOT BE LIABLE ON ANY
SUCH CONTRACT.
SECTION II: BE IT
FURTHER RESOLVED, ENACTED AND ORDAINED that this
Ordinance shall take effect on the date on which the
Mayor approves the Ordinance after passage by the Board
of Commissioners or on the date on which the Board of
Commissioners pass the Ordinance over the veto of the
Mayor.
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