A. Prior Approval By Town Board And Bidding Required:
1. Before a contract shall be entered into, or any such purchase made involving the expenditure of more than twenty five thousand dollars ($25,000.00), or any sale made of property, the value of which is more than one thousand dollars ($1,000.00), such contract or sale shall: (2014 Code § 7-104; amd. 2018 Code)
a. Be approved by the Town Board of Trustees;
b. Be submitted for competitive bidding, except as provided in this section;
c. Have written notice given by the Town purchasing authority for sealed bids for the furnishing of such supplies, materials or equipment where competitive bidding is required hereunder.
2. The notice required in this subsection A shall state the time and place for filing the bids, shall contain an ample description of the supplies, materials and equipment to be purchased or sold, the time and place the bids will be opened, and that all bids may be rejected. The bids shall be in writing and sealed and filed with the Town Clerk-Treasurer prior to the time they are to be opened. The bids may be rejected or the Town may re-advertise for bids or, after due consideration thereof, may award a contract to purchase such supplies, material or equipment from the lowest and best responsible bidder. However, the Town purchasing authority may, at his option, purchase any such materials, supplies and equipment through central purchasing of the State. (2014 Code § 7-104)
B. Bidding Not Required: The following may be purchased without giving an opportunity for competitive bidding: (2014 Code § 7-105)
1. Supplies, materials, equipment or contractual services where the cost does not exceed twenty five thousand dollars ($25,000.00) in a single transaction; (2014 Code § 7-105; amd. 2018 Code)
2. Supplies, materials, equipment or contractual services which can be furnished only by a single dealer or a sole source vendor, or which have a uniform price wherever bought;
3. Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including war surplus, or purchased at auction at a price deemed below that obtainable elsewhere;
4. Contractual services (gas, electricity, telephone service, and the like) purchased from a public utility at a price or rate determined by the State Corporation Commission or other government authority;
5. Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the State purchasing agency or any other State agency authorized to regulate prices for things purchased by the State (whether such price is determined by a contract negotiated with a vendor or otherwise);
6. Contractual services of a professional nature, such as engineering, architectural, medical and legal services; or (2014 Code § 7-105)
7. When an emergency is declared by the appropriate agency to exist. (2014 Code § 7-105; amd. 2018 Code)
8. If the Board of Trustees finds, by majority vote of its members, that an emergency exists within the meaning of subsection B7 of this section that requires an outlay of Town funds in excess of twenty five thousand dollars ($25,000.00), the agent shall secure by the procedures set forth in this chapter, at the lowest obtainable price, any necessary supplies or contractual services.
9. In the case of an actual emergency which occurs outside of regular office hours and which requires the purchase of commodities or contractual services, the Department Manager of any department should, if possible, consult with the Clerk- Treasurer prior to any action. However, if such consultation is not practicable, the Department Manager may proceed to purchase directly any commodities or contractual services if an immediate procurement is essential to prevent delays in the work of the using department which may vitally affect the life, health or convenience of the citizens. The department shall exercise great care to ensure that the supplies or contractual services are procured at a reasonable cost. (2018 Code)