[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 4-3-1967 by Art. 83 as Arts. XXI and XXII of the 1967 Bylaws. Amendments
noted where applicable.]
[Amended 3-20-1968 ATM by Art. 33; 1-26-1981 STM by Art. 12; 4-8-1991 ATM by Art.
44; 4-11-2001 ATM by Art. 32]
All contracts entered into by the Town which
are subject to federal or state bidding requirements shall be awarded
only after there has been full compliance with such requirements.
In all other cases, except in cases of public calamity or extreme
necessity, whenever any work is required to be done for the Town or
any contract for labor or materials, or both, is to be made in behalf
of the Town, for an amount exceeding the sum of $25,000, the Town
officer having the matter in charge shall solicit proposals for the
same from two or more reliable parties, regularly engaged or employed
in such work or business, or shall publicly advertise for bids, and
may require that a bond with satisfactory sureties for the faithful
performance of such contract shall be furnished, but no contract shall
be split, separated or divided for the purpose of reducing the amount
thereof below said sum of $25,000. So far as practicable, contracts
for less than $25,000 shall be made or awarded in such manner as to
secure the benefit of reasonable competition.
[Added 3-18-1970 ATM by Art. 82]
Any board, officer, committee, or other agency
of the Town, which acts on behalf of the Town in making or supervising
any contract, in an amount exceeding the sum of $100,000 for the purchase
of goods or services, or for the construction, renovation, or repair
of buildings, may make arrangements with contractors and other interested
agencies for special programs of recruitment and training in connection
with the work to be performed on such contracts, with the objective
of promoting equal employment opportunity for members of minority
groups protected by the fair employment laws of the commonwealth and
the United States. Any such board, officer, committee, or other Town
agency may expend Town funds in carrying out such arrangements and
programs or in compensating contractors for carrying them out provided
that appropriations specifically designated for such purposes have
been voted by the Town Meeting. Undertakings by contractors to carry
out such arrangements or programs may, when appropriate, be embodied
in requirements, to be included in contracts, that contractors engage
in such recruitment, training, and employment as a part of the work
to be performed, or in collateral agreements with contractors.
[Amended 3-27-2019 ATM by Art. 34]
Whenever it is necessary to execute a deed or
other instrument conveying any interest in land belonging to the Town,
other than a tax deed, unless it is otherwise provided by law, or
by vote of the Town, such deed or instrument shall be executed in
behalf of the Town by a majority of the Select Board and countersigned
by the Treasurer of the Town and it shall be sealed with the Town
Seal.
[Added 3-31-2008 ATM by Art. 33; amended 3-22-2010 ATM by Art.
26; 3-20-2013 ATM by Art. 29; 6-16-2014 STM by Art.
6; 3-28-2016 ATM by Art.
31; 3-27-2019 ATM
by Art. 34]
With respect to any contract governed by M.G.L. c. 30B, the
Town and all of its departments, under the supervision of the Town
Manager, are authorized to solicit, award and enter into the following
types of contracts for periods up to the number of years shown below,
including any renewal, extension or option provision, subject to annual
appropriation but without further authorization by Town Meeting; provided,
however, that no such contract shall be entered into for a term greater
than three years without the approval of the Select Board unless the
term of the contract has been expressly authorized by a vote of Town
Meeting:
|
Type of Contract
|
Number of Years
|
|---|---|
|
Lease of public lands
|
20
|
|
Lease of public buildings
|
30
|
|
Lease of any equipment
|
10
|
|
Lease purchase of any equipment
|
10
|
|
Maintenance agreements for equipment, buildings or grounds
|
5
|
|
Transportation services
|
10
|
|
Purchase of oil, fuel and electricity
|
5
|
|
Lighting maintenance
|
10
|
|
Waste disposal and recycling
|
20
|
|
Water supply
|
20
|
|
Community television services
|
10
|
|
Leases, licenses, power purchase agreements and/or other agreements
for the purpose of installing solar energy facilities and purchasing
solar electricity
|
22
|
|
Agreements for payments in lieu of taxes (PILOTs) with owners
of solar energy facilities on Town-owned property
|
20
|
|
All other contracts
|
5
|
