[HISTORY: Adopted by the Town Meeting 5-8-1988 ATM, Art. 98,
as Secs. 40.1.1, 40.1.2, 40.2, and 40.5 through 40.7 of the General
Bylaws. Amendments noted where applicable.]
[Amended 12-3-1990 FATM, Art. 2; 5-11-2009 ATM, Art. 26]
The procurement of any supply or service shall be made by the
Chief Procurement Officer in accordance with the requirements of MGL
c. 30B as it may be amended from time to time.
[Amended 12-3-1990 FATM, Art. 2]
The Town Administrator shall be the Chief Procurement Officer for purposes of this bylaw and the Uniform Procurement Act, MGL c. 30B. The Chief Procurement Officer may, in writing, delegate his procurement powers and duties, and may revoke or amend such delegation at any time. Such delegation may be in specific or general terms and may be limited to a particular procurement or class of procurements, and may be conditioned upon compliance with specified procedures. No delegation or revocation or amendment thereof shall take effect until a copy of same has been filed with the Massachusetts Office of the Inspector General. Provided, however, that with the exception of ensuring compliance with MGL c. 30B, the Chief Procurement Officer shall delegate the duty of purchasing supplies and services for the schools to the School Committee in accordance with the Town Charter. The values or procurement thresholds specified in § 60-1 and this section shall be amended as the MGL c. 30B may be amended.
[Amended 12-3-1990 FATM, Art. 2; 5-13-2019 ATM by Art. 23]
This Chapter of the Town's General Bylaws shall
not apply to the contracts for the services of expert witnesses for
use in adjudicatory proceedings or litigation or in anticipation thereof,
labor relations representatives, physicians, dentists, lawyers, designers,
or certified public accountants, or to other contracts, agreements
and transaction, that are not subject to the provisions of the Uniform
Procurement Act, MGL c. 30B.
[Amended 12-3-1990 FATM, Art. 2]
Notwithstanding the ultimate responsibility of the Town Administrator to be responsible for purchasing all supplies, materials, services, and equipment, the Town Administrator may delegate, by letter, the authority to Contract for the ordinary or routine purchase of supplies, material, services and or equipment. This delegation of authority is subject to immediate revocation by the Town Administrator, at his or her discretion. Any and all administrative documents, including, but not limited to: letters of intent or award, purchase orders, informal or formal agreements or other control measures issued by the Town are not binding if funds are not available for such contracts. Further, the intent of such documents shall not bind the Town to any contract or financial obligation and the issuance of any administrative document or letter shall be conditioned upon the legal solicitation, an administrative bidding or procurement process and the proper execution of a contract or agreement for the related or subject item(s). The School Department's right to purchase as outlined in Section 4-2 of the Charter shall remain in effect except as otherwise provided in MGL c. 30B and in §§ 60-1 and 60-2 of this bylaw.
A.
During the period when a legal vacancy exists in the
position of the Town Administrator, the Board of Selectmen shall,
by majority vote of the full board, execute administrative documents,
outlined above. The Board of Selectmen may elect to delegate this
authority to another administrative official by a majority vote of
the full board. Such delegation shall be made by sending a signed,
formal letter to the administrative official. Revocation of this authority
by the Selectmen shall be made in the same manner as the delegation.
B.
Notwithstanding the obligation of the Town boards,
committees, or legal entitles authorized to enter into contracts,
all such contracts, financial obligations and agreements involving
the use of any and all Town funds to create formal or informal contracts
shall be executed and authorized in writing by the Town Administrator.
The approval shall be made formally on the contract or agreement document
by the signature of the administrator with the clearly printed or
typed name of the Town Administrator accompanying the signature. The
administrator shall also provide for a verification and certification
of available funds to meet the financial obligations of each contract,
agreement, or obligation etc.
C.
If no physical contract or agreement document is written, the Town administrator may, at his or her discretion, require a written agreement, or may provide for an authorization or execution of obligations in accordance with general law. The School Department's right to purchase as outlined in Section 4-2 of the Charter shall remain in effect except as otherwise provided in MGL c. 30B and in §§ 60-1 and 60-2 of this bylaw.
[Amended 12-3-1990 FATM, Art. 2]
D.
During a period when a legal vacancy exists in the
position of the Town Administrator, the Board of Selectmen shall,
by a majority vote of the full board, execute such contracts as defined
above. The Board of Selectmen may delegate this authority to another
administrative official by a majority vote of the full board. Such
delegation shall be made by sending a signed, formal letter to the
administrative official. Revocation of this authority by the Board
of Selectmen shall be made in the same manner as the delegation.
A.
The competitive bidding process and solicitation of
proposals, services, professional and general procurement items may
require the receipt of surety or security items such as; money, certified
checks, deposits, fees, bonds, insurance and other administrative
surety as may be necessary or required to secure valid and responsible
bids, proposals etc.
B.
Any Town official, employee, board, committee or their
representative who receives any item, surety or related security as
a condition of solicitation, award or contract execution shall deliver
said surety or item(s) to the Town Treasurer prior to the close of
business on the same business day said items were received. If the
Treasurer's Office is closed for business at the time of receipt of
said item(s), the deposit shall be made on the next business day.
The Town Treasurer shall deposit the monies or item(s) in a safe,
vault or other secure area.
C.
A third party, who is legally contracted to act on
the Town's behalf, may retain or manage the surety's or securities
with the written authorization of the Town Administrator. Procedures
for accountability shall be established by the Town Administrator,
in writing.
D.
Any surety, security or other administrative item
that is received and deposited shall be fully accounted for in terms
of the receipt, disposition and return or deposit of any and all monies
or items received. The Town Administrator along with the Town Treasurer
shall determine the method of accountability.
[Added 5-13-2013 ATM, Art. 7]
The Town Administrator and the School Committee are hereby authorized
to enter into contracts for goods and services for such period of
time as the Town Administrator or the School Committee may determine,
which may be longer than three years, but not more than 10 years,
except as provided by law, or, as may be otherwise approved by majority
vote of Town Meeting.
