[HISTORY: Adopted by the Town Meeting of the Town of Charlton
as Art. X of the 2005 Bylaws. Amendments noted where applicable.]
No board or officers of the Town of Charlton, elected or appointed,
nor any committee or member thereof nor any agent or employee of such
member, shall directly or indirectly be interested in any contract
with the Town for the employment of labor, expenditure of public money,
the purchase of material or supplies, the construction, alteration,
or repair of any public works or other property belonging to the Town,
nor the care, custody, and management thereof if said board, committee
or member is in any way entrusted or charged with any duty or authority
in connection therewith.
Prior to the making of any contract for the furnishing of labor,
materials or supplies, or any or all of them, for or on behalf of
the Town, the Board of Selectmen, the Chief Procurement Officer or
other appropriate officials shall comply with all applicable provisions
of the Massachusetts General Laws.
[Added 5-18-2015 ATM
by Art. 4]
Once the Board of Selectmen (and any other board, commission
or committee, if any, which has been vested by vote with control,
care and custody of any particular property) has determined that personal
property owned by the Town is surplus or obsolete, the Town's Chief
Procurement Officer is authorized to sell or otherwise dispose of
same: (a) after first having advertised the same for sale in a daily
newspaper of general circulation in the Town at least seven (7) days
before the date of such sale and by posting a notice thereof in the
Charlton Municipal Offices (George C. McKinstry, III Building); or
(b) where the estimated net value is $10,000 or more by following
the procedures required by MGL c. 30B, § 15.
[Added 5-15-2017 ATM
by Art. 18]
Unless otherwise provided by a vote of Town Meeting, and subject to the provisions below, the Board of Selectmen ("Board") or Procurement Officer appointed by the Board pursuant to § 50-2 of these Bylaws and Massachusetts General Laws Chapter 30B shall have full authority to enter into and sign all contracts, leases and other agreements for the exercise of the Town's corporate powers, on such terms and conditions as the Board or Procurement Officer deems appropriate.
[Added 5-15-2017 ATM
by Art. 18]
The term of any such contract, lease or other agreement which
the Procurement Officer enters into may exceed three years, including
renewals, extensions or options, provided any such contract exceeding
said three years' duration is approved in advance by the Board.
[Added 5-15-2017 ATM
by Art. 18]
Any such contract, lease or other agreement and the procedure
followed in awarding same must be consistent in all respects with
applicable provisions of Massachusetts General Laws and other applicable
statutes and Town bylaws.
[Added 5-15-2017 ATM
by Art. 18]
The Procurement Officer, consistent with Massachusetts General
Laws Chapter 30B, shall be responsible for and exercise full authority
as to procurement and purchase of all supplies, materials, services
and equipment, and the Procurement Officer shall have authority to
award and sign all contracts up to fifty thousand dollars ($50,000),
in addition to all Mass Highway contracts and state and federal grants.
Any contract exceeding fifty thousand dollars ($50,000) shall require
approval of the Board, and the Procurement Officer shall have the
authority to sign any contract approved by the Board. The Procurement
Officer shall report in writing to the Board, no later than its next
regular meeting, each contract and grant signed by the Procurement
Officer.
[Added 5-15-2017 ATM
by Art. 18; amended 5-21-2018 ATM
by Art. 20]
All deeds, conveyances, leases, discharges of mortgages, bonds, agreements, contracts or other instruments, which shall be given by the Town and which by law in order to be valid must be sealed or notarized and acknowledged in addition to being signed, unless otherwise provided by law or by vote of Town Meeting shall be signed and acknowledged by a majority of a quorum of the Board or by the Procurement Officer on behalf of the Town, provided that in the case of any such instrument to be recorded at a registry of deeds a majority of the Board must sign same unless a majority of a quorum votes to authorize the Procurement Officer or another Town official, board or commission to do so and a certificate of such vote is recorded along with the instrument. The Board of Selectmen is hereby vested with authority to convey to public utilities such easements as in its opinion are deemed necessary or appropriate in the best interest of the Town, and to sign any deeds or other instruments required to make such conveyances. The provisions with respect to § 20-9, immediately below, with respect to other Town boards, commissions and committees, shall apply to such easements, deeds and instruments as well.
[Added 5-15-2017 ATM
by Art. 18; amended 5-21-2018 ATM
by Art. 20]
If the Procurement Officer has handled the procurement process
and has confirmed in writing, in advance, that a contract, lease or
other agreement in the Procurement Officer's opinion satisfies
all legal requirements, or has approved any conveyance of an easement
to a public utility and a deed therefor, another Town board, commission
or committee, provided it has legal responsibility for and authority
with respect to the subject matter of the contract, deed, lease or
agreement (for example, the Water and Sewer Commission for water and
sewer contracts), may on behalf of the Town enter into and sign same,
in which case the provisions above with respect to the Board of Selectmen,
such as voting approval and signing, shall apply to such other board,
commission or committee in all respects rather than to the Board.
[Added 5-15-2017 ATM
by Art. 18]
As specified in Massachusetts General Laws Chapter 30B, the
Procurement Officer shall not enter into a contract, lease or other
agreement unless funds have been appropriated and at the time of contracting
are available for the first fiscal year of the term of the contract,
lease or agreement. Unless full funding for the entire contract is
appropriated in advance, payment and performance obligations of each
succeeding fiscal year shall depend on the availability and appropriation
of funds for same, and the Procurement Officer shall cancel the contract,
lease or other agreement if funds are not appropriated or otherwise
made available to support continuation of performance in any fiscal
year succeeding the first year.
[Added 5-15-2017 ATM
by Art. 18]
Except as otherwise provided by law, all bonds, contracts, leases
and other agreements imposing financial obligations on the Town, or
on another for the Town's benefit, exceeding twenty-five thousand
dollars ($25,000) shall be placed for safekeeping in the custody of
the Town Clerk, who shall keep same in a locked safe or other secure
arrangement to protect them from damage or loss due to flood or other
natural or man-made calamity or theft. To the extent not exempt from
the Massachusetts Public Records Law, upon request the Town Clerk
shall make all such available for review in accordance with that law.
[Added 5-15-2017 ATM
by Art. 18]
Where the compensation to be paid pursuant to a contract, lease
or other agreement exceeds twenty-five thousand dollars ($25,000),
the Procurement Officer or such Officer's designee shall furnish
a true and complete copy of same to the Town Accountant within seven
(7) business days of signing by the last party to such contract, provided
that in the case of a construction or other contract with lengthy
technical specifications the latter need not be included in such copy;
provided further that where pursuant to the above such contract, lease
or other agreement is signed by a board, commission or committee other
than the Board of Selectmen, such board, commission or committee shall
so furnish true and complete copies to the Town Accountant and to
the Procurement Officer.
[Added 5-15-2017 ATM
by Art. 18]
A.
Contracts for public construction shall be governed by Massachusetts
statutes applicable to same, for example Chapter 30, § 39M,
and Chapter 149; contracts for public architectural or design contracts
shall be governed by statutes applicable to same. No provision of
this bylaw shall apply to such a contract to the extent such provision
is inconsistent with a provision of any such applicable statute.
B.
Nothing in this bylaw is intended to make any contract, lease or
agreement which by the terms of Chapter 30B is exempt from Chapter
30B subject to the bidding or proposal provisions or procedures of
Chapter 30B, nor shall this bylaw affect in any way any contract approved
by Town Meeting before the effective date of this bylaw or legally
entered into before such effective date.
