2798                               Municipal Charters

4.106—Capital Improvement Contracts

(1)    Whenever a capital improvement project is to be undertaken
by the County, the Director of Public Works shall cause plans, specifications
and estimates to be prepared. The County Administrator shall determine
whether such capital improvement project is to be constructed by contract
or by the County's employees.

(2)    If the capital improvement project is to be constructed by con-
tract, competitive bids shall be secured and the contract shall be awarded
in accordance with the provisions of this subtitle; provided that no award
of any capital improvement contract shall be made without the written
approval of the Director of Public Works, the Director of Finance, and
the County Executive. All contracts for capital improvement shall be
approved by the Office of Law as to form and legal sufficiency and, following
such approval, shall be executed on behalf of the County by the County
Executive or his designee.

(3)     If the plans and specifications are changed during construction
to any extent which will require additional expenditure in excess of twenty
per cent (20%) TEN PER CENT (10%) of the contract sum, the changed
or additional construction shall be subject to approval by the County
Council by supplementary or emergency appropriation ordinance as pro-
vided for in the Howard County Charter.

4.107—Open Market Purchases and Sales

All purchases of supplies and contractual services, and all sales of
personal property which have become obsolete and unusable, estimated
to be less than Three Thousand Dollars ($3,000.00) TWO THOUSAND
FIVE HUNDRED DOLLARS ($2,500.00) in value, shall be deemed an
open market transaction and shall not be subject to the requirements of
competitive bidding; provided, however, that the purchasing agent shall,
wherever practical and whenever the amount thereof exceeds Five Hundred
Dollars ($500.00), secure at least three (3) competitive bids on all open
market transactions; provided further, that no order for purchases esti-
mated to exceed Fifty Dollars ($50.00) made under this Section, shall be
issued until and unless the Director of Finance shall first certify that
funds for the designated purpose are available. The rules and regulations
adopted pursuant to this subtitle shall prescribe in detail the procedures
to be observed in giving notice to prospective bidders; in tabulating and
recording bids; in opening bids; in making purchases from the lowest
responsible bidder and making sales to the highest responsible bidder under
standards for determining same as set forth in the competitive bidding
provisions; and in making available for public inspection all open market
orders and the bids submitted in competition thereon.

4.108—Professional Services

Professional services are not normally subject to competitive bidding,
and contracts for professional services are exempt from the competitive
bidding provisions of this subtitle. HOWEVER, PROFESSIONAL FEES
PAID ARE TO BE BASED ON MINIMUM FEES SET BY APPROPRI-
ATE BOARDS AND COMMISSIONS. Contracts awarded for such services
shall be the responsibility of the purchasing agent; provided, however,
the head of the department or office using such service shall be consulted
and shall indicate his concurrence with the contract and the professional
obtained by signing the contract or by writing the purchasing agent a
memorandum.