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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