All contracts of the Town involving the expenditure of sums
in excess of an amount equivalent to one-quarter of one percent (1/4%)
of the previous year's final budget of the Town shall be in writing
and shall be executed on behalf of the Town by the President of Council
or, in his absence, the Vice President of Council. The President of
Council shall also execute all contracts, regardless of amount, for
the purchase, sale, leasing, or use of real estate. Unless otherwise
provided by ordinance, the Manager may execute contracts on behalf
of the Town involving sums of not more than one-quarter of one percent
(1/4%) of the previous year's final budget of the Town. Authorization
for contracts for the construction of public capital improvements
shall be given by ordinance. Any officer required to execute a written
contract must request the Town Attorney to approve the same as to
form.
Except as provided in Section 1303, all contracts of the Town
shall be let to the lowest responsible bidder under a competitive
bidding system, which shall provide for public advertising and include
such other procedures, conditions, and requirements as are established
by Council.
Competitive bidding shall not be required under this Charter
for:
(a)
Labor or services rendered by any Town Officer or employee;
(b)
Labor, material, supplies or services furnished by one Town department
to another Town department;
(c)
Contracts for labor, material, supplies, or services, the annual
cost of which shall aggregate less than one-quarter of one percent
(1/4%) of the previous year's final budget;
(d)
Upon the unanimous approval of all members of Council, contracts
for labor, material, supplies, or services, the annual cost of which
shall aggregate more than one-quarter of one percent (1/4%) of the
previous year's final budget, but less than one percent (1%) thereof;
(e)
Contracts relating to the acquisition or use of real property;
(f)
Contracts for labor, materials, supplies, or services of a kind which
Council reasonably determines to be available from only one vendor;
(g)
Contracts for professional or unique services;
(h)
Contracts for emergency repair of public works or equipment; and
(i)
Contracts with other governmental entities, authorities, agencies,
or political subdivisions.
The term of a contract for the purchase of supplies shall not
exceed two (2) years, unless Council determines that such supplies
are not obtainable at a reasonable cost without a longer term contract.
The Town shall have not authority to grant to others, by franchise,
contract, or otherwise, its power and right of eminent domain.
Any elected or appointed official or employee of the Town who
has a substantial financial interest, direct or indirect, in any contract
with the Town, shall make known that interest to Council and shall
refrain from voting on or recommending that contract. Anyone who willfully
violates this requirement shall be guilty of malfeasance and shall
forfeit his office or position. Violation of this section with the
express or implied knowledge of the party contracting with the Town
shall render the contract voidable by Council.
Subject to the applicable provisions of law, Council shall require
any person having an improvement contract with the Town to give a
sufficient bond, with corporate surety, or other adequate security,
to guarantee the faithful performance of the contract and the full
payment for all labor and materials.
