In order to establish efficient procedures for the purchase of supplies, services, and equipment, to secure for the town supplies, services, and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted.
(Ord. 57 § 1, 1988)
The responsibility and authority for the purchase of supplies, services, and equipment is vested in the town manager who shall be the purchasing officer of the town. As purchasing officer, the town manager shall have authority to:
A. 
Purchase or contract for the supplies, services, and equipment required by any using agency in accordance with the purchasing procedures prescribed by this chapter, such administrative regulations as the town manager shall adopt for the internal management and operation of the purchasing system, and such other rules and regulations as shall be prescribed by the town council;
B. 
Negotiate and recommend the execution contracts for the purchase of supplies, services and equipment at the lowest expense to the town;
C. 
Seek to obtain as full and open competition as possible on all purchases, commensurate with the needs of the town;
D. 
Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;
E. 
Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications;
F. 
Authorize the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for the town's use;
G. 
Maintain a bidder's list, vendor's catalog file, and records needed for the efficient operation of the purchasing system.
(Ord. 57 § 2, 1988; Ord. 176 § 1, 1997)
The town manager may authorize in writing any officer or agency to purchase or contract for specified supplies, services and equipment independently of the town manager, however, he or she shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require a report from the officer or agency on any purchases and contracts made under such written authorization.
(Ord. 57 § 3, 1988)
Using officers or agencies shall submit requests for supplies, services and equipment to the town manager on standard requisition forms.
(Ord. 57 § 5, 1988)
Except as otherwise provided in this chapter, purchases of consultant services, supplies and equipment, and the sale of personal property, shall be by written contract with the lowest responsible bidder, if a sale the highest bidder, pursuant to the procedure prescribed in this section.
A. 
Notices Inviting Bids. Notices inviting bids shall be advertised by the purchasing officer and shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
1. 
Published Notice. The purchasing officer shall cause notices inviting bids to be published once in a newspaper of general circulation within five days before the date of opening of bids, or posted for five days in a public place in the town.
2. 
Bidder's List. The purchasing officer shall solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have made written request that their names be added thereto.
B. 
Bidder's Security. When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security, provided, however, a successful bidder shall forfeit either his or her bid security upon his or her refusal or failure to execute the contract within ten days after the preparation and mailing of the contract within ten days unless the town is responsible for the delay. The town council may, on the refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. In such event, the amount of the lowest bidder's security shall be applied by the town to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder or its surety.
C. 
Bid Opening Procedure. Sealed bids shall be submitted to the town and shall be identified as "BID" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.
D. 
Rejection of Bids. At its discretion, the town council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed in this section.
E. 
Award of Contracts. Except as otherwise provided in this section, contracts shall be awarded by the town council to the lowest responsible bidder.
F. 
Consultant Contracts Special Provision. Consultant contracts that will include public meetings shall include a clause in the notice inviting bids, and in the final contract, detailing how the consultant will provide public outreach and education and encourage public participation in the work that will be done for the town, and identify the cost thereof.
G. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the town council may in its discretion accept the one it chooses or accept the lowest bid made by and after the negotiation with the tie bidders at the time of the bid opening.
H. 
Performance Bonds. The purchasing officer shall have the authority to require a performance bond or materials and labor bond or bonds before entering into a contract in such amounts as he or she shall find reasonably necessary to protect the best interests of the town.
(Ord. 57 § 6(a), 1988; Ord. 86 § 1, 1990; Ord. 247 §§ 1, 2, 2010)
Purchases of supplies and equipment in the amount of fifty thousand dollars or less, and the sale of personal property of an estimated value in the amount of five thousand dollars or less, may be made by the purchasing officer in the open market pursuant to the procedure prescribed in this section and without observing the procedure prescribed in Section 3.12.050 or 3.12.060; provided, however, all bidding may be dispensed with when the total estimated value is less than one thousand dollars.
A. 
Minimum Number of Bids. Open market purchases or sales shall, whenever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder, if a purchase, or to the highest responsible bidder, if a sale.
B. 
Solicitation of Bids. The purchasing officer shall solicit bids by written requests to prospective vendors, by telephone and/or by public notices posted on a public bulletin board in the Town Hall.
C. 
Record Required. The purchasing officer shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the pricing of orders. This record, while so kept, shall be open to public inspection.
(Ord. 57 § 6(b), 1988; Ord. 86 § l, 1990; Ord. 259 § 1, 2015; Ord. 287 § 1, 2021)
A. 
The town manager is authorized to make and execute written contracts on behalf of the town for contractual professional, technical and consulting services to be rendered to the town when:
1. 
The amount of compensation to be paid to the retained professional, technician or consultant thereunder does not exceed the sum of fifty thousand dollars; and
2. 
Funds are provided in the current town budget for the payments of such compensation, as approved by the town council.
B. 
Consultant Contracts Special Provision. Consultant contracts that will include public meetings shall include a clause in the notice inviting bids, and in the final contract, detailing how the consultant will provide public outreach and education and encourage public participation in the work that will be done for the town, and identify the cost thereof.
C. 
Consultant contracts that involve professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Price may be considered when selecting between firms that have first been determined to be competent and qualified.
(Ord. 180 § 3, 1997; Ord. 259 § 1, 2015; Ord. 287 § 1, 2021)
Purchases of supplies, materials, services and equipment, and capital outlay in excess of five hundred dollars except in the case of an emergency shall be made only by purchase order. The purchasing officer may require purchase orders for purchases less than five hundred dollars.
(Ord. 57 § 8, 1988; Ord. 86 § 2, 1990)
The requirements of Sections 3.12.050 and/or 3.12.060 may be dispensed with:
A. 
When an emergency requires that an order be placed with the nearest available source of supply; or
B. 
When the commodity can be obtained from only one vendor; or
C. 
When the town manager makes a written request to the town council and the town council, by majority vote at a meeting, approves the waiving of the bidding requirement.
(Ord. 57 § 10, 1988; Ord. 86 § 2, 1990)
Expenditures over five thousand dollars involving public projects shall be made in compliance with state law applicable thereto.
(Ord. 57 § 11, 1988; Ord. 86 § 2, 1990)
The lowest responsible bidder shall be the bidder who offers to perform the work involved according to the plans and specifications therefor for the least amount of money provided the bidder has the ability, capacity and, where necessary, the required state or other license.
(Ord. 57 § 12, 1988; Ord. 86 § 2, 1990)
The town manager may inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract.
The town manager 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 specifications.
(Ord. 57 § 13, 1988; Ord. 86 § 2, 1990)
All using officers and agencies shall submit to the town manager, at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The town manager shall have the authority to sell all supplies and equipment which cannot be used by any officer or agency, or which have become unsuitable for town use, or to exchange the same for, or trade in the same on, new supplies and equipment.
(Ord. 57 § 14, 1988; Ord. 86 § 2, 1990)
The town manager may, by cooperative purchasing agreements approved by the town council, purchase supplies or nonprofessional services through legal contracts of other governmental jurisdictions or public agencies or other businesses with which a prior contractual relationship exists without separate competitive bidding by the town.
(Ord. 176 § 4, 1997)