Ordinance Series 2011
Ordinance No. 11-10
An
Ordinance to Amend
Title 3
Of the Code of Emmitsburg
Entitled
Revenue and Finance
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Be It Enacted and Ordained by the
Board of Commissioners of the Town of Emmitsburg,
Maryland that Chapters 3.12.040 of the Emmitsburg
Municipal Code be, and it hereby is, amended as follows:
The amended section of this
regulation reads as follows with new language designated
by being in BOLD CAPITAL LETTERS, and language
being deleted designated by being stricken
through.
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Title 3 - Revenue and Finance
Section 3.12.050 Procedure for Sealed Bids and
Written Contracts.
A. Except as otherwise provided in this chapter, all
written contracts for supplies, materials, equipment,
construction of public improvements or contractual
services 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) TWO (2)
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.
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
passing by the Board of Commissioners or on the date on
which the Board of Commissioners pass the Ordinance over
the veto of the Mayor.
Passed this 2nd day of May, 2011 by a vote of
5 for, 0 against, 0 absent, and 0 abstain.
ATTEST:
By: /s/ Donna DesPres, Town Clerk
Board of Commissioners
By: /s/ Christopher Staiger, President
Approved this 2nd day May, 2011
By: /s/ James Hoover, Mayor
Code Index | Title: 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 |