1981-01-26-STM-min - Laserfiche WebLink

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4 (Spec Tow Me - Janu 26, 1981.) Article 11. Presented by Robert B. Kent. (As MOTION: That the Town accept Section 4G of Chapter 40 of the General adopted. Laws. (Chapter 40, Section 4G of the General Laws: ADVERTISING MUNICIPAL CONTRACTS PRIOR TO AWARD. Notwithstanding the provisions of section four B, in any city or town which accepts the provisions of this section, unless other- wise provided by by-law or special law in towns and districts, no contract for the purchase of equipment, supplies or materials, the actual_ or estimated cost of which amounts to four thousand dollars or more, except in cases of special emergency involving the health or safety of the people or their property, shall be awarded unless proposals for the same have been invited by advertisement in at least one newspaper, if any, published in the town or district, otherwise in at least one newspaper of general circulation in the town or district, such publication to be at least one week before the time specified for the opening of said proposals. Such advertisement shall state the time and place for opening the pro- posals in answer to said advertisement, and shall reserve to the town or district the right to reject any or all such proposals. All such proposals shall be opened in public. No bill or contract shall be split or divided for the purpose of evading any provisions of this section. Materials purchased by any town, under specifi- cations of the department of public works, and at prices established by said department of public works, pursuant to advertising and bidding for such purpose, in connection with work to be performed under_ the provisions of chapter eighty -one or chapter ninety, shall not be subject to the requirements of this section. The provisions of this section shall apply to regional.. school districts. The provisions of this section shall not be construed to prevent the purchase of supplies for municipally operated hospitals without advertised public bids under group purchasing contracts with any agency which has been certified for this purpose by the director of accounts in the bureau of accounts, provided that such contracts are filed with the town accountant or city auditor. The name and address of every person whose contract or contracts with the town involve a cumulative cost in excess of four thousand dollars during the fiscal year of said town shall be posted in the office of the town clerk by the town accountant of said town. The provisions of this section shall be deemed to have been complied with on all purchases made under the provisions of sections twenty -two A and twenty -two B of chapter seven when one municipality acting on behalf of other municipalities complies with the provi- sions of this section, or when purchases are made from a vendor holding a contract with the commonwealth for the item or items being purchased. Whoever violates any provision of this section shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one -half years, or by both such fine and imprisonment; and in the event of final con- viction, said person shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any county, district, or municipal agency.) Motion, as presented by Mr. Kent, carried unanimously. 9:17 P.M. Article 12. Presented by Robert B. Kent. (Approved by Atty. Gen., MOTION: That Section 1 of Article XXII of the General By -Laws of May 6, 1981. the Town of Lexington be amended by striking out "$2,000" each Published in time it appears and substituting therefor "$4,000 ". Lex. Min. Man May 21 & 28, Carried Unanimously_ 9 :18 P.M_ 1981.)