No officer of the Town, either elected or appointed,
and no agent of the Town who has been authorized (either acting alone
or acting with other officers or agents of the Town) to borrow money
or to make any contract or purchase on behalf of the Town shall have
any pecuniary interest in any such loan, contract or purchase.
No Town officer, either elected or appointed,
and no salaried employee of the Town and no agent of any such officer
or such employee shall, when acting in his official capacity, sell
materials or supplies to the Town nor receive any compensation or
commission for services rendered by him for the Town, except his official
salary and such fees as are allowed by law, without first obtaining
in each of the above cases the permission of the Board of Selectmen
expressed in a vote which shall appear in their records with the reason
therefor.
[Amended by 4-24-1982 ATM, Art. 26; 4-25-1983 ATM, Art. 23; 9-11-1995 STM, Art. 9]
No contract involving an obligation of the Town
in excess of $5,000 shall be binding upon the Town unless it is in
writing and signed. Unless otherwise provided by a vote of Town Meeting,
the Board of Selectmen or the Chief Procurement Officer designated
pursuant to MGL c. 30B is authorized to enter into any contract for
the exercise of the Town's corporate powers on such terms and conditions
as are deemed appropriate. The Board of Selectmen, the Chief Procurement
Officer or his designee shall not contract for any purpose, on any
terms or under any conditions inconsistent with any applicable provision
of any general or special law.
[Amended by 4-24-1982 ATM, Art. 27; 4-25-1983 ATM, Art. 24; 9-11-1995 STM, Art. 9; 5-31-2016 ATM, Art. 16]
Every contract involving the Town exceeding
$15,000, except in cases of emergency to be determined by the Board
of Selectmen, shall be submitted to the Town Counsel for review prior
to execution. The providing of bid bonds equal to 5% of the bid amount
and performance bond is required for all construction or multiyear
contracts or for the providing of services greater than $10,000. The
contractor must provide certificates of liability insurance in addition
to certificates of workmen’s compensation.
[Amended by 9-11-1995 STM, Art. 9]
Except as otherwise allowed by law or by vote
of Town Meetings, no board, officer, committee or department shall
make any contract on behalf of the Town, the performance of which
shall necessarily extend beyond three years' duration. Except as otherwise
provided for by law or as specifically authorized by Town Meeting,
no contract made or entered into by any board, committee or department
of the Town on behalf of the Town shall ever contain an option for
renewal or an automatic renewal clause. The Town is specifically authorized
to enter into lease/purchase agreements of up to five years' duration.
[Amended by 4-25-1983 ATM, Art. 22; 4-29-1991 ATM, Art. 32; 9-11-1995 STM, Art. 9]
A. No contract shall be awarded for the purchase of any
supply or service to be acquired or performed for the Town unless
such contract has been procured in accordance with all applicable
state procurement statutes.
B. Notwithstanding any provision of MGL c. 30B to the
contrary, contracts for refuse collection and disposal shall be awarded
pursuant to either of the competitive procurement procedures set forth
in Sections 5 and 6 of said chapter of the General Laws.
C. No purchase and no service or work for which a contract
is proposed shall be split or divided for the purpose of evading the
provisions hereinbefore contained.
D. All plans and specifications, letters of invitation,
bids on which awards have been made and all contracts shall be kept
on file and shall be open to public inspection at reasonable times.
E. No board, officer, committee or department shall undertake
any procurement without first reviewing the proposed procurement procedure
with the person designated pursuant to MGL c. 30B, § 2,
as the "Chief Procurement Officer" for the Town or his or her designee.
Record of such consultation shall be made and kept by the Chief Procurement
Officer.