Town of Watertown, MA
Middlesex County
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Table of Contents
Table of Contents
[Ord. 8, passed 3-9-2004]
The provisions of Mass. Gen. Laws Ch. 30B (hereinafter "Chapter 30B") are incorporated by reference into this chapter. The Town Manager is hereby designated as the Chief Procurement Officer for all purposes pursuant to this chapter. The Purchasing Agent shall exercise general authority over the procurement process as set out in the General Laws and pursuant to this chapter and such additional responsibilities as may be delegated to him or her from time to time by the Town Manager. Any power, authority, judgment, determination, control, supervision, or discretion that may be exercised by the Purchasing Agent under this chapter, or any policies and procedures established from time to time by the Purchasing Agent with the approval of the Town Manager, may also be exercised by the Town Manager, at his or her election.
[Ord. 8, passed 3-9-2004]
Every contract for goods, materials, supplies, equipment, furnishings (hereinafter referred to as "supplies" as such term is defined in Mass. Gen. Laws Ch. 30B) or for contractual services (hereinafter referred to as "services" as such term is defined in Mass. Gen. Laws Ch. 30B), or for the acquisition of interests in real property, and every contract for disposal of supplies or interests in real property by any department of the town shall be procured in accordance with this chapter and Mass. Gen. Laws Ch. 30B. All invitations for bids, requests for proposals or purchase orders to be issued by the town shall be approved in writing by the originating department head and shall be forwarded to the Purchasing Department for approval and issuance by the Purchasing Agent. In the case of a request for proposals for supplies or services, the originating department head shall provide a supporting memorandum setting out in full the reasons why the selection of the most advantageous offer for such supplies or services requires the comparative judgement of factors in addition to price. The Chief Procurement Officer shall determine in writing that the use of a request for proposals is appropriate prior to the issuance of any such solicitation by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
The Chief Procurement Officer, in his or her discretion, may establish security requirements for contracts for supplies or services if he or she deems it in the best interests of the town, including but not limited to a bid bond, performance bond, labor and material payment bond or deposit of money or certified check, notwithstanding the absence of any such requirements in Chapter 30B.
[Ord. 8, passed 3-9-2004]
The Purchasing Agent may, in his or her discretion, purchase supplies or services from a state bid list established through the Commonwealth's Operational Services Division or other list of approved vendors established by any state office or agency. The Purchasing Agent may also participate in a joint procurement or serve as lead community for a joint procurement with other municipalities pursuant to Mass. Gen. Laws Ch. 7, §§ 22A or 22B.
[Ord. 8, passed 3-9-2004]
Contracts for design services in connection with the construction, reconstruction, installation, demolition, maintenance or repair of any building shall be procured in compliance with the applicable provisions of the Designer Selection Law, being Mass. Gen. Laws Ch. 7, §§ 38A 1/2 to 38O, and the town's local designers selection procedures. All requests for proposals for such projects to be issued by the town shall be approved by the originating department head and shall be forwarded to the Purchasing Department for approval and issuance by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
Contracts for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of materials therefor, and contracts for the construction, reconstruction, installation, demolition, maintenance or repair of any building estimated to cost less than $25,000, or such other statutory limitation which may be enacted for this purpose from time to time, shall be procured in compliance with the applicable provisions of Mass. Gen. Laws Ch. 30, § 39M, and all related provisions of the General Laws. All invitations for bids for such projects to be issued by the town shall be approved by the Superintendent of Public Works or other originating department head and shall be forwarded to the Purchasing Department for approval and issuance by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
Contracts for the construction, reconstruction, installation, demolition, maintenance or repair of any building shall be procured in compliance with the applicable provisions of Mass. Gen. Laws Ch. 149, §§ 44A through 44M, and all related provisions of the General Laws. All invitations for bids for such projects to be issued by the town shall be approved by the originating department head and shall be forwarded to the Purchasing Department for approval and issuance by the Purchasing Agent.
[Ord. 8, passed 3-9-2004]
The Purchasing Agent, with the assistance of such other town officers and employees as he or she deems advisable, shall review and evaluate all bids and proposals, shall determine the successful bidder or proposer, and shall issue a notice of award. Thereafter, it shall be the responsibility of the Purchasing Agent to obtain all necessary contract documents, including but not limited to certificates of insurance, performance bonds, material and payment bonds and other contractor certifications, prior to submitting the contract to the Town Manager for execution. In addition, the Town Auditor shall certify on the face of every contract that there is an appropriation available for the purpose and in the amount of the contract.
[Ord. 8, passed 3-9-2004]
Unless otherwise provided by a vote of the Town Council, the Town Manager is authorized to execute all contracts for the exercise of the town's corporate powers on such terms and conditions as he or she shall deem appropriate. No contract shall be executed by the Town Manager unless it includes on its face a certification by the Town Auditor of an available appropriation in the amount of the full contract price. Notwithstanding the foregoing, the Town Manager shall not contract for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.
[Ord. 8, passed 3-9-2004]
A summary of all contracts with a cost to the town of $50,000 or greater shall be provided to the Town Council within five business days of the contract's execution by the Town Manager. The contract summary shall be in a format agreed upon by the Town Council and the Town Manager. The full contract shall be provided upon the request of an individual Council Member.