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DIVISION 1. - GENERALLY#
Sec. 2-53. - Acceptance and administration of private funds.#
(a)
Organizations and/or individuals desiring to donate funds designated for municipal and school functions or activities may do so by delivering such funds to the town finance director. Such organizations or individuals shall also provide the town finance director with written instructions as to their intent regarding the disbursement of said funds.
(b)
The town finance director, upon written approval of the mayor, is authorized to accept said funds and administer said funds in accordance with the instructions of the donors.
(Code 1970, § 2-25; Ord. of 1-7-1992, §§ 1, 2)
Sec. 2-54. - Escrow account for police department equipment.#
There is hereby created an escrow fund for the purpose of replacing and updating police department equipment. Said escrow fund is to be administered by the town's police chief, as follows: (1)
A separate account will be created and known as the town police department equipment escrow fund.
(2)
The proceeds of every sale through auction of police equipment shall be placed in the police department equipment escrow fund.
(3)
The monies in the escrow fund shall be used to purchase equipment for the police department, as needed, in the reasonable discretion of the chief of police, subject to the approval of the town council, as recommended by the town manager.
(Code 1970, § 2-26; Ord. No. 2010-1, 5-25-2010)
Secs. 2-55—2-81. - Reserved.#
DIVISION 2. - PURCHASING AND BIDDING#
Sec. 2-82. - Purpose.#
The purposes of this division are to prescribe the manner in which the town shall control the purchase of materials, supplies, equipment and certain contractual services of the town and to maintain a high ethical standard of all officers and employees of the town in connection therewith.
(Code 1970, § 2-32; Ord. of 3-16-1989, § 2)
Sec. 2-83. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractual services means and includes maintenance service, contracts relating to office and general equipment and the leasing of office equipment, vehicles and other equipment, the repair and maintenance of automotive, office and other equipment, and the rental of automotive, office and general equipment. The term "contractual services" shall not include professional services which are unique in their nature and are not subject to competition.
Shall is always mandatory and not merely directory.
Supplies means and includes all supplies, materials, equipment and contractual services.
Using agency means any department, division, agency, commission, board, committee, authority or other unit in the town government using supplies or procuring contractual services as provided for in this article.
(Code 1970, § 2-33; Ord. of 3-16-1989, § 3)
Sec. 2-84. - Purchasing agent, generally.#
(a)
There shall be within the department of finance a purchasing agent who shall be the finance director or someone appointed by him in accordance with applicable personnel rules and regulations. He shall perform all duties required by law and such other duties as may be assigned, and shall have the powers and duties prescribed by this article.
(b)
The purchasing agent shall perform the duties specified in this article in connection with the purchase of or contract for all supplies, materials, equipment and contractual services, as required by any department, office or agency of the town, when duly authorized in accordance with purchasing procedures as prescribed by this article and such rules and regulations as may be adopted for the internal management and operation of the purchasing division.
(Code 1970, § 2-34; Ord. of 3-16-1989, § 4)
Sec. 2-85. - Rules and regulations.#
(a)
The purchasing agent shall establish and amend, with the approval of the mayor, when necessary, all rules and regulations authorized by this article and any others necessary to its operation not in conflict herewith.
(b)
The purchasing agent is hereby authorized and directed to adopt such written regulations and procedures as may be necessary for the implementation of this article. Such regulations and procedures shall become effective when approved in writing by the mayor and the town council. Copies of the regulations shall be on file in the office of the purchasing agent and also shall be made available for public inspection during normal business hours.
(Code 1970, § 2-35; Ord. of 3-16-1989, § 5)
Sec. 2-86. - Unauthorized purchases.#
It shall be unlawful for any town officers or employees to order the purchase of materials, supplies, equipment and contractual services, or make any contract within the purview of this article, other than through or with the approval of the purchasing agent; and any purchase, order or contract made contrary to the provisions hereof shall not be approved and the town shall not be bound thereby.
(Code 1970, § 2-36; Ord. of 3-16-1989, § 6)
Sec. 2-87. - Subdividing purchase of contract to avoid article requirements.#
No contract or purchase shall be subdivided to avoid the requirements of this article.
(Code 1970, § 2-37; Ord. of 3-16-1989, § 7)
Sec. 2-88. - Duties and authority of purchasing agent.#
The town purchasing agent shall have the following duties and authority: (1)
Procurement at least expense to town. The purchasing agent shall keep informed of the current highest quality in supplies, fixed charges and other services and contractual services at the least expense to the town.
(2)
Encouragement of competition. The purchasing agent shall discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
(3)
Keep informed on current trends, etc. The purchasing agent is to keep informed on current developments in the field of purchasing, prices, market conditions and new products and secure for the town benefits conducted in the field of purchasing by other governmental jurisdiction, national ethical societies, trade associations having national recognition and private businesses and organizations.
(4)
Prescribe and maintain purchasing manual and forms. The purchasing agent may prescribe and maintain a standard purchasing manual for all using agencies. In addition, the purchasing agent may prescribe and maintain such forms as he shall find reasonably necessary to the operation of this article.
(5)
Prepare and adopt standard nomenclature. The purchasing agent may prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
(6)
Prepare, adopt and maintain vendor catalog. The purchasing agent may prepare, adopt and maintain a vendor's catalog file. Such catalog shall be filed according to materials and shall contain descriptions of vendor's commodities, prices and discounts.
(7)
Pursue bulk purchases. The purchasing agent shall exploit the possibilities of buying in bulk so as to take full advantage of discounts.
(8)
Ensure tax exemptions. The purchasing agent shall act so as to procure for the town all tax exemptions to which it is entitled.
(9)
Cooperate with using agencies. The purchasing agent shall cooperate with using agencies so as to secure for the town the maximum efficiency in budgeting and accounting.
(Code 1970, §§ 2-38—2-47; Ord. of 3-16-1989)
Sec. 2-89. - Filing of requisitions or estimates of requirements by using agencies.#
(a)
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the purchasing agent detailed requisitions or estimates of their requirements in supplies, equipment and contractual services in such manner, at such time and for such future period as the purchasing agent shall prescribe.
(b)
A using agency shall not be prevented from filing, in the same manner with the purchasing agent at any time, a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
(Code 1970, § 2-48; Ord. of 3-16-1989, § 18)
Sec. 2-90. - Competitive bidding, generally.#
(a)
Except in the case of contracts for consultants retained to perform town services not able to be performed by a town employee, before the town makes any purchase of or contract for supplies, materials, equipment and contractual services or work to be performed in excess of the minimum amount as stated in section 706 of the town Charter, opportunity shall be given for competitive bidding after public notice as hereinafter described. No such transaction which is essentially a unit shall be defined into a series of orders for the purpose of circumventing the requirement of this section for competitive bidding.
(b)
All such purchases or contracts for more than said minimum amount shall be awarded to the lowest responsible bidder, except that the purchasing agent may be directed by the council to reject any and all bids and to then readvertise for bids.
(Code 1970, § 2-49; Ord. of 3-16-1989, § 19)
Sec. 2-91. - Notice inviting bids.#
(a)
Notice inviting bids shall be published at least once in a newspaper having general circulation in the town and at least five working days preceding the last day set for the receipt of proposals.
(b)
The newspaper notice required herein shall include a general description of the articles to be purchased or sold and shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
(Code 1970, § 2-50; Ord. of 3-16-1989, § 20)
Sec. 2-92. - Solicitation of bids from bidders' list.#
The purchasing agent shall solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list, which the purchasing agent shall maintain, by sending them a copy of the newspaper notice provided for in section 2-91 or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(Code 1970, § 2-51; Ord. of 3-16-1989, § 21)
Sec. 2-93. - Bid deposits.#
When specified by the town council, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to a return of surety where the purchasing agent has required such. A successful bidder shall forfeit any surety required by the town council upon failure on his part to enter into a contract within ten days after the award.
(Code 1970, § 2-52; Ord. of 3-16-1989, § 22)
Sec. 2-94. - Sealing, identification, opening and tabulation.#
Bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the outside of the envelope. Bids shall be opened in public at the time and place stated in the public notices, and the opening shall be witnessed. A tabulation of all bids received shall be made and shall be available for public inspection.
(Code 1970, §§ 2-53—2-55; Ord. of 3-16-1989, §§ 23—25)
Sec. 2-95. - Rejection of bids and readvertising.#
(a)
The town council, in the case of bids below the minimum amount, shall have the authority to reject any and all such bids.
(b)
If the lowest and best bid exceeds the budgeted amount, and the town council does not make additional funds available, then the appropriate authority who initiated such bidding shall have the power to readvertise for bidding after making sufficient changes in the project plan to bring the cost within the limit of monies available.
(Code 1970, § 2-56; Ord. of 3-16-1989, § 26)
Sec. 2-96. - Disqualification of bidders.#
The purchasing agent shall have the authority to declare vendors who default their quotations as irresponsible bidders and to disqualify them from receiving any business from the town for a stated period of time.
(Code 1970, § 2-57; Ord. of 3-16-1989, § 27)
Sec. 2-97. - Waiver of irregularities in bids.#
The town council shall have the authority to waive any and all irregularities in formal bids above the minimum amount. The purchasing agent, with the approval of the mayor, shall have the authority to waive any and all irregularities in bids or purchases below the minimum amount.
(Code 1970, § 2-58; Ord. of 3-16-1989, § 28)
Sec. 2-98. - Award of contract, generally.#
All contracts shall be awarded to the lowest and best bidder. In addition to price, there shall be considered the following: (1)
The ability, capacity and skill of the bidder to perform the contract.
(2)
Whether the bidder can perform the contract within the time specified without delay or interference.
(3)
The character, integrity, reputation, judgment, experience and the efficiency of the bidder.
(4)
The quality of performance of previous contracts.
(5)
The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
(6)
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the suppliers or contractual services to the particular use required.
(8)
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
(9)
The number and scope of conditions attached to the bid.
(Code 1970, § 2-59; Ord. of 3-16-1989, § 29)
Sec. 2-99. - Preference for local bidders.#
Bids, specifications and other factors being equal, in awarding contracts and making purchases, preference shall be given to the bidder whose place of business is located in the town.
(Code 1970, § 2-60; Ord. of 3-16-1989, § 30)
Sec. 2-100. - Required statement when award given to other than low bidder.#
When an award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the purchasing agent, typed on the tabulation sheet,which must be signed by the purchasing agent, and filed with the other papers relating to the transaction.
(Code 1970, § 2-61; Ord. of 3-16-1989, § 31)
Sec. 2-101. - Tie bids.#
Award of all tie bids under the minimum amount, as stated in section 706 of the town Charter, shall be made by the purchasing agent with the approval of the mayor. All tie bids in excess of said minimum amount shall be awarded by the mayor with the approval of the council.
(Code 1970, § 2-62; Ord. of 3-16-1989, § 32)
Sec. 2-102. - Standardization, cooperative purchasing and governmental contracts.#
(a)
Where standardization is determined to be desirable by the purchasing agent, the purchase of materials, supplies and equipment and certain contractual services may be negotiated with the written approval of the mayor.
(b)
The purchasing agent shall have the authority to join with other units of government in cooperative purchasing ventures where the best interest of the town is served thereby, and the same is in accordance with the town and state law.
(c)
The bidding requirements of this article shall not apply to established state contracts or federal General Services Administration contracts.
(Code 1970, § 2-63; Ord. of 3-16-1989, § 33)
Sec. 2-103. - Performance and payment bonds.#
A contractor or vendor shall provide a corporate surety bond from a surety company authorized to do business in the state to guarantee the full and faithful performance of his contract obligations and the payment of labor and material expended pursuant to the contract whenever and in such amounts as is deemed necessary by the town council. All such bonds shall be approved as to form by the town solicitor.
(Code 1970, § 2-64; Ord. of 3-16-1989, § 34)
Sec. 2-104. - Inspection and testing of deliveries and samples.#
(a)
The purchasing agent or an authorized town employee shall inspect, supervise the inspection of, or cause to be inspected, all deliveries of supplies, equipment or contractual services to determine their conformance with the specifications set forth in the order or contract.
(b)
The purchasing agent shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the purchasing agent shall prescribe.
(c)
The purchasing agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory facilities of any agency of the town or of any outside laboratory, as deemed necessary within the restrictions of this article, the town Charter and state laws.
(Code 1970, § 2-65; Ord. of 3-16-1989, § 35)
Sec. 2-105. - Surplus stock.#
(a)
All using agencies shall submit to the purchasing agent, at such times and in such form as he shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete or scrapped.
(b)
The purchasing agent shall have the authority to transfer surplus stock to other using agencies.
(c)
The purchasing agent, subject to town council approval, shall have the authority to sell all supplies and equipment which have become unsuitable for public use or to exchange the same for or trade in the same on new supplies and equipment. Sales under this subsection shall be made to the highest responsible bidder and be in conformance with competitive conditions.
(Code 1970, § 2-66; Ord. of 3-16-1989, § 36)
Sec. 2-106. - Storerooms.#
(a)
The purchasing agent shall control and supervise storerooms and shall administer the same.
(b)
Requisitions from supplies in a storeroom shall be credited by the purchasing agent to the storeroom's revolving fund by a charge against the appropriation of the agency.
(c)
The purchasing agent shall maintain a perpetual inventory record of all materials, supplies or equipment stored in the storeroom.
(Code 1970, § 2-67; Ord. of 3-16-1989, § 37)
Sec. 2-107. - Bid procedures to be conducted in an equitable, ethical, and professional manner.#
(a)
No individual or private company shall be given an unfair advantage in the bid process by having his or its company name or particular products referenced therein.
(b)
The respective department head for the department most impacted or involved with the bid shall initial each page of the request for proposal prior to forwarding said document to the town manager for publication. By initialing each page, the department head is acknowledging that he has reviewed the entire document and it meets the goals and policies of bids stated herein.
(c)
Further, in a separate document that shall be forwarded to the town manager and town council as a whole, the department head shall disclose who, including any private business, professional, or consultant, was involved in the preparation of the bid and what, if any, compensation they received.
(d)
The town manager, along with a member of the town council who shall be duly appointed by the council president at the first meeting in January of each year to perform this particular duty, shall also review each request for proposal and initial same prior to forwarding the document to the finance office for publication.
(e)
If the finance department receives any objections to the bid filed pursuant to the General Laws regarding the bid process, a copy of said complaint shall be provided to the town manager and the town council as a whole.
(Code 1970, § 2-68; Ord. No. 2005-10, 5-3-2005)