[Ord. of 3-18-1982, §§ 1,
2, 7; Ord. No. 00-17, § 1, 7-19-2000]
(a)
Appointment. The Finance Director shall be the Purchasing Agent for
the various departments, boards and commissions of the Town.
(b)
Duties generally. The Finance Director, in his/her capacity as Purchasing Agent, shall approve all purchases of supplies, materials and equipment and contractual services of all departments, boards and commissions of the Town, except as otherwise provided in this article. The department head shall authorize the purchases of supplies, materials and equipment and contractual services for his/her department. No purchases shall be made outside the department's approved line item except as noted in Subsection (c) below.
(c)
Determination of unencumbered appropriation and allotment. Before
authorizing any purchase or making any purchase other than an emergency
purchase, the Purchasing Agent shall first determine that such purchase
would be within the unencumbered appropriation of the department,
board or commission for which it is being made and that it would be
within the unencumbered allotment of the agency or that the Mayor
has authorized the exceeding of the allotment. The Purchasing Agent
or his/her designee shall note all purchases made or authorized or
contracts awarded to enable the Department of Finance to record the
purchase or contract as an expenditure or encumbrance upon the proper
appropriation and allotment.
[Ord. of 3-18-1982, § 3; Ord. No. 98-8, § 1, 5-12-1998; Ord. No. 00-06, § 1, 4-26-2000; Ord. No. 00-17, § 1, 7-19-2000; amended 9-16-2020 by Ord. No. 20-25A]
All purchases for the Town or any department, board or commissions
of the Town shall be made in the following manner:
(1)
The Purchasing Agent may make purchases involving sums under $5,000
and for contracts for public works under $7,500 without the public
solicitation of bids or proposals. The Purchasing Agent may make regulations
to permit the various departments, boards and commissions of the Town
to make small purchases of materials or services which ordinarily
cannot be made in volume or by contract for a period of time. Records
shall be kept of all such purchases, and the regulations shall be
reviewed from time to time to keep such purchases at a minimum. The
Purchasing Agent shall institute the use of purchase orders for all
purchases over $25 of which the department head shall authorize the
acquisition, the finance director shall approve and a copy shall be
forwarded to the Town Council Finance Subcommittee for monthly review.
The appropriate department code shall be noted on the purchase order.
Any amendment/changes to the approved purchase orders must be submitted
to the Town Purchasing Agent as a change order with copies also going
to the finance subcommittee. No purchase can be made from any employee,
elected or appointed official of the Town or his/her immediate family.
However, purchases may be made from immediate family of Town employees,
or elected or appointed officials, if subject to the competitive bid
process.
(2)
The department head or his/her designee shall obtain three quotations
of price, if available, for all purchases between $1,000 and $5,000
and for public works between $1,000 and $7,500. The three quotations
shall be attached to each purchase order copy for reference and approved
by the Purchasing Agent for authorization of purchase. No purchase
can be made without the signed approval of the Purchasing Agent. No
business shall be awarded collective purchase orders that exceed $5,000
or for public works that exceed $7,500 in any one month. In the event
three quotations of price cannot be obtained, said purchase should
be made only by authorization by the Town Council. The Purchasing
Agent shall keep a list of vendors normally interested in submitting
bids for various types of commodities. Any vendor upon request shall
be entitled to have his name added to the list unless his performance
under previous contracts has indicated that he has not been reliable
in meeting the terms of the purchase order.
(3)
On purchases or contracts involving over $5,000 and for contracts
for public works over $7,500, the Purchasing Agent shall solicit bids
or proposals by posting an advertisement on the Town's website, Rhode
Island Division of Purchasing website, and in relevant industry publication(s)
and/or website(s), when available. The various departments shall also
keep list(s) with contact information of frequent bidders and shall
send notice of a request for bid or proposal to such frequent bidders.
This section is intended to communicate a request for bid or proposal
to as many potential bidders as is possible. All such bids shall be
opened in a public meeting as required by this article.
[Ord. of 3-18-1982, §§ 4,
8; Ord. No. 98-8, § 2, 5-12-1998; amended 9-16-2020 by Ord. No. 20-25A]
(a)
Sealed bids for purchasing contracts shall be submitted to the Purchasing
Agent and shall be identified as bids on the envelope. Bids shall
be opened in public at the time and place stated in the public notice.
The tabulation of all bids received shall be forwarded by the Purchasing
Agent to the Town Council with the proposed resolution to approve
the purchase.
(b)
It shall be the established policy of the Purchasing Agent and the
Town Council to award all contracts to the lowest responsible bidder
or to the lowest evaluated or responsive bid, except where previous
dealing with the lowest bidder shall warrant the rejection of his
bid. Bids, specifications and all other factors being equal, preference
shall be given to the bidder whose place of business is in the Town.
(c)
The Purchasing Agent or the Town Council shall have the right to
disqualify bids if deemed unresponsive, or to reject all bids and
to order the obtaining of new bids.
[Ord. of 3-18-1982, § 5;
amended 9-16-2020 by Ord. No. 20-25A]
All bids for public works or improvements shall be obtained
on the basis of specifications prepared by the Town Engineer or the
Department of Public Works and shall be approved by the head of the
department or the board or commission concerned. In all such cases,
the Purchasing Agent or Town Council shall accept the lowest responsible
bid or the lowest evaluated or responsive bid, as the case may be,
except where previous dealing with the lowest bidder shall warrant
the rejection of its bid. The Purchasing Agent or Town Council may
disqualify bids if deemed unresponsive, or reject all bids and order
the obtaining of new bids, or recommend that the Department of Public
Works execute the work or improvement itself. Bids, specifications
and all other factors being equal, preference shall be given to the
bidder whose place of business is in the Town.
[Ord. of 3-18-1982, § 6]
In an emergency, where the adherence to the prescribed rules
would cause substantial damage or might result in irreparable damage,
purchases may be made without complying with such rules. The head
of any department, board or commission may make any emergency purchase
not to exceed $20,000, but only after obtaining the approval of the
Mayor or, if he shall not be available, after obtaining the approval
of the Purchasing Agent. A record shall be kept of all such emergency
purchases, and rules and procedures shall be adopted to reduce emergency
purchases to a minimum.
[Added 9-4-2019 by Ord.
No. 19-23A]
(a)
In accordance with Section 906(c) and R.I.G.L. § 45-55-8,
a contract may be awarded for a supply, service, or construction item
without competition when there is only one source for the required
supply or service. The Purchasing Agent must determine, in writing,
that the purchase will meet the provisions of this section and shall
be approved by the Town Council by resolution.
(b)
Competitive bidding shall not be required:
(1)
For contractual services where no competition exists, such as
sewage treatment, waste disposal, electricity, water and other public
utility services;
(2)
When instructional materials are available from only one source;
(3)
Where rates are fixed by law or ordinance;
(4)
For library books;
(5)
For artistic services;
(6)
For commodities, equipment, and services, which, in the reasonable
discretion of the Purchasing Agent, are available from only one source;
(7)
For interests in real property;
(8)
For works of art for public display;
(9)
For published books, maps, periodicals, newspaper or journal
subscriptions, and technical pamphlets;
(10)
For licenses for use of proprietary or patented systems; and
(11)
For services of visiting speakers, performing artists, and expert
witnesses.
[1]
Editor's Note: Former § 2-156, which pertained to
contracts for professional services, derived from an ordinance adopted
3-18-1982, was repealed 5-12-1998 by Ord. No. 98-8.
[Ord. of 3-18-1982, § 10]
(a)
The Purchasing Agent may establish intermunicipal agreements for
joint purchasing of common-use items and may participate with the
State Division of Purchases, Department of Administration, in contracts
for the purchase of items necessary for the operation of the Town,
which items are in common usage to those procured by the state. The
Purchasing Agent may also participate in collaborative and cooperative
purchasing groups as approved by the State Attorney General's Office,
as permitted by § 45-40.1-4(f) of the Rhode Island General
Laws. The Town will be bound by such terms and conditions as the state
Purchasing Agent may prescribe and will be responsible for payment
directly to the vendor under each purchase contract. Such purchases
made under this section shall be excluded from the competitive bidding
provisions of this division.
[Amended 9-4-2019 by Ord.
No. 19-23A]
[Ord. No. 96-26, § I, 10-21-1996]
(a)
Whenever a resolution shall be presented to the Town Council regarding
the awarding of a contract relating to goods and/or services, the
following documents, if required, shall accompany any resolution presented
to the Town Council requesting approval of the awarding of such contract:
[Amended 5-16-2018 by Ord. No. 18-08A]
(1)
Evidence of posting an advertisement on the Town's website and
the Rhode Island Division of Purchasing website, and in relevant industry
publication(s) when available, as well as notice to any frequent bidders,
which may be supported by email from the proponent of purchase, or
by providing copies of such postings or notice.
[Amended 9-16-2020 by Ord. No. 20-25A]
(2)
Certificate of bid opening signed by the Finance Director or
designee listing bidders, bids and those present at the bid opening.
(3)
Bid analysis prepared by the department head listing alternates.
(4)
Recommendation of award by engineering or architectural firm
or department head responsible for the writing of the specifications
for project, if applicable.
[Amended 9-16-2020 by Ord. No. 20-25A]
(5)
A fiscal note, identifying the breakdown of funds to be used
to complete the project.
[Amended 9-16-2020 by Ord. No. 20-25A]
(6)
Sources from which such funds shall be drawn.
(7)
A copy of the proposed contract.
(b)
All documents shall be submitted to the Town Clerk at the same time
that the resolution is submitted for the purposes of being placed
on the agenda for the next Town Council meeting.
(c)
In no event shall a contract for goods and/or services include a
provision for automatic renewal. "Automatic renewal" shall mean a
contract that extends for an additional term unless notice to terminate
is given by a party at a designated time identified in the contract.
[Added 5-16-2018 by Ord. No. 18-08A]
(d)
Any existing contracts that include a provision for automatic renewal
must be approved by the Town Council for additional terms.
[Added 5-16-2018 by Ord. No. 18-08A]
(e)
Contracts that include options to extend for additional terms ("option
terms") may be exercised by the Town Council.
[Added 5-16-2018 by Ord. No. 18-08A; amended 9-4-2019 by Ord. No. 19-23A]
[Ord. No. 99-29, §§ 1
— 7, 10-6-1999]
(a)
Lease-purchase defined.
(1)
For the purposes of this section, a lease-purchase shall be
defined as the continuing use of goods on real property under a lease
for a stipulated period with option of the lessee to buy said goods
or real property on favorable terms, as with the rental charges already
paid credited toward the purchase price.
(2)
For the purposes of this section, lease-purchase agreements
are those that exceed $200,000 and are not budgeted in the current
fiscal year budget.
(b)
Any lease purchase agreement must be submitted to the Town Council
for approval. The submission must be accompanied by a memorandum stating
the reason for said lease-purchase, the terms of the agreement, including
the length of the agreement, the interest rate to be paid on the agreement,
the final acquisition cost and the names of any and all parties to
the agreement and all pertinent information relating to said lease-purchase
agreement.
(c)
A lease-purchase agreement may only be considered when there exists
insufficient funds available from voter-authorized bonding, and said
lease-purchase agreement must be endorsed by the Mayor and the Town
Finance Director.
(d)
A fiscal note must be attached to any proposed lease-purchase agreement.
(e)
Upon approval by the Town Council on any lease-purchase agreement
controlled by this section, the Council shall thereafter on an annual
basis:
(1)
Vote on a renewal of said lease-purchase agreement.
(2)
Receive from the Finance Director a financial report, due no
less than 90 days prior to the end of the fiscal year, detailing the
updated maturity dates of all outstanding lease-purchase agreements;
the balance due on each lease-purchase agreement and a total figure
of all outstanding lease-purchase agreements.
(3)
Attached to the Finance Director's annual report referenced
above shall be an annually updated opinion letter as to the maximum
amount of funds to be considered for future lease-purchase agreements.
(f)
Any lease-purchase provision controlled by this section must provide
for a non-recourse termination provision upon the failure of the Town
Council to appropriate funds for a renewal of said lease-purchase
agreement.
(1)
An affirmative vote of five members of the Town Council shall
be required to discontinue appropriation of funds for the renewal
of any lease-purchase controlled by this section.
(g)
Title shall not vest in the lessee-purchaser until each and every
obligation of the lease-purchase agreement has been fully complied
with and each provision of this section has been satisfied.
