Fort Jones Municipal Code Ch. 3.12 Purchasing

(a) This chapter is adopted pursuant to Government Code § 54201 et seq. to provide guidance and direction regarding the procurement of supplies, equipment, and services; to ensure that the town and its departments will receive high quality goods and services at minimum cost to the taxpayer; to exercise positive financial control over purchases; to clearly define the authority for all purchases; and to limit the administrative demands imposed by the purchasing system to those reasonably necessary to achieve the other objectives of that system.

(b) The policies and procedures contained in this chapter are not intended to conflict with Public Contracts Code § 20160 et seq., Public Contracts Code § 22030 et seq., or any other applicable law governing the solicitation of bids and award of contracts for public works projects requiring the expenditure of $5,000.00 or more.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

Unless otherwise indicated, the following definitions shall apply to this chapter.

Department head means a person designated by the town administrator and/or the town council to be responsible for the management of a department of the town or his or her designee.

Emergency means an emergency as defined by section 2.16.020 of this Code.

Equipment means items that are durable, have a fixed life expectancy and are shown in the town's books as fixed assets.

General services means all services other than professional services and services pursuant to a public works contract excluded from this chapter by subsection 3.12.010(b).

Local business means an individual, business, partnership or corporation that meets all of the following:

(1) Maintains a place of business located within the Town of Fort Jones;

(2) Has a current Town of Fort Jones business license;

(3) Reports to the state sales tax returns for goods purchased at its business located within the boundaries of the Town of Fort Jones which regularly maintains a place of business and an inventory of merchandise for sale within the sphere of influence of the town;

(4) Has any necessary licenses, certificates, bonds and insurances; and

(5) Is in good financial and legal standing with the town.

Market value means the value estimated by the purchasing officer at which the surplus personal property would sell if offered at auction or other open competitive bid sale.

Professional services means those services governed by Government Code § 4525 et seq., including architectural, landscape architectural, engineering, environmental, and land surveying services.

Professional service agreement means a written contract for professional services entered into as provided in this chapter.

Purchase means the renting, leasing, purchasing, licensing or trade of supplies or equipment or the hiring of private contractors.

Purchase order means a form approved by the purchasing officer for the purchase of supplies, material, and/or equipment, but not professional services.

Purchasing officer means the town administrator or his or her designee.

Supplies means office supplies, janitorial supplies, material, goods, tools, or other commodities used in the general conduct of the town's business that do not constitute equipment.

Surplus personal property means any personal property or equipment owned by the Town of Fort Jones which the purchasing officer determines, subject to approval of the town administrator or the town council as required by section 3.12.130, is no longer needed or used for town purposes or which has become obsolete, worn out or past its useful life.

Town administrator means the town administrator of the Town of Fort Jones or his or her designee.

Town clerk means the town clerk of the Town of Fort Jones, or such other officer to whom the duties and responsibilities of the town treasurer have been transferred, or his or her designee.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Department heads:

(1) Shall have the power to:

a. Negotiate and recommend to the town council contracts for the purchase of supplies, equipment, and/or services on behalf of their respective departments.

b. Approve purchase orders and professional service agreements for the benefit of their respective departments for amounts up to $500.00 without consent and approval of the town administrator if such amount is allowed under the existing budget, and up to $5,000.00, with consent and approval by the town administrator.

c. Execute contracts for the purchase of supplies, equipment and/or services for the benefit of their respective departments in accordance with the policies and procedures prescribed by this chapter.

d. Increase the time for performance or the not-to-exceed amounts prescribed by professional service agreements for which they are responsible by up to ten percent of the original agreement amount if they reasonably conclude that doing so will result in cost and/or time savings to the town.

(2) Are under the duty to:

a. Identify the type and quantity of supplies, equipment, and/or services required to fulfill the responsibilities of their respective departments.

b. Engage in an informal bidding process under section 3.12.070 of this chapter for items expected to cost more than $5,000.00 and less than or equal to $50,000.00, or a formal bidding process under section 3.12.080 of this chapter for items expected to cost more than $50,000.00.

It is not permissible to split or separate purchases into smaller amounts to evade the requirements of this chapter.

c. Maintain records of all submitted bids for the procurement of supplies, equipment, and/or services as required by the town's approved document-retention schedule.

d. Determine whether the required items or services are budgeted or the town council has otherwise authorized their purchase.

e. Secure necessary authorization prior to the commencement of work or delivery of supplies and equipment by preparing a purchase order or professional service agreement and ensuring that it is approved as prescribed by this chapter.

f. Supervise the inspection of supplies or equipment purchased to ensure that the items conform to the quality expectations of the town.

g. Monitor the work of contractors to ensure adherence to the terms and conditions of professional service agreements.

h. Provide coded and approved invoices to the finance department for payment in a timely fashion.

(b) The purchasing officer:

(1) Shall have the power to:

a. Negotiate contracts for the purchase of supplies, equipment, and/or services on behalf of the town.

b. Approve purchase orders and professional service agreements on behalf of the town in amounts up to $25,000.00.

c. Execute contracts for the purchase of supplies, equipment and/or services on behalf of the town in accordance with this chapter.

(2) Is under the duty to:

a. Enforce this chapter.

b. Recommend the transfer or exchange of surplus supplies and equipment between departments as needed, and recommend the sale of all supplies and equipment which have become obsolete, useless, or otherwise unsuitable for use by the town.

(c) The town administrator:

(1) Shall have the power to:

a. Approve purchase orders and professional service agreements on behalf of the town for amounts up to $25,000.00, or up to $100,000.00 during a state of emergency declared pursuant to chapter 2.16 of this Code.

b. Perform any or all the duties of a department head or the purchasing officer.

(2) Is under the duty to:

a. Ensure that the process for purchasing supplies, equipment, and services meets the needs of the community and the town.

b. Recommend to the town council revisions and amendments to this chapter to achieve its purposes.

(d) The finance director shall have the power to:

(1) Review and process payment to vendors after receiving properly coded and approved invoices.

(2) Prepare the warrant/check register and submit to the town clerk for vendor payment issuance.

(3) Delay processing payments to vendors if an agreement is void or if insufficient budgetary appropriation is available. Purchase orders and professional service agreements are void if any of the following is true:

a. The term of the agreement has expired;

b. The not-to-exceed amount specified by the agreement has been exceeded; or,

c. The services performed are other than specified in the agreement.

(e) The town clerk shall have the power to issue payment to vendors after receiving an approved warrant/check register from the finance director.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Purchases of supplies, equipment, or services for amounts equal to $500.00 do not require a bidding process and may be approved by a department head if such amount is allowed under the existing budget without approval of the town administrator, and to $5.000.00 or less do not require a bidding process and may be approved by a department head, with consent and approval by the town administrator. Purchases in this range do not require a purchase order or a professional service agreement unless otherwise required by the vendor.

(b) Purchases of supplies, equipment, or services for amounts greater than $5.001.00 but less than or equal to $25,000.00 are subject to the informal bidding process set forth in section 3.12.070. Purchases in this range require that a purchase order or a professional service agreement be prepared and approved by a department head and by the purchasing officer or town administrator.

(c) Purchases of supplies, equipment, or services for amounts greater than $25,000.00 but less than or equal to $50,000.00 must meet the requirements of the informal bidding process set forth in section 3.12.070. Purchases in this range require that a purchase order or a professional service agreement be prepared and approved by the department head, the town administrator, and town council.

(d) Purchases of supplies, equipment, or services for amounts greater than $50,000.00 must meet the requirements of the formal bidding process set forth in section 3.12.080. Purchases in this range require that a purchase order or a professional service agreement be prepared and approved by the department head, the town administrator, and council.

(e) During a declared state of emergency, purchases of supplies, equipment, or services for any amount do not require a bidding process. Purchases less than or equal to $100,000.00 require the approval of the town administrator. Purchases greater than $100,000.00 require the approval of the town council.

(f) Purchases of supplies, equipment, or services made with federal grant funds are exempt from the purchasing guidelines established by this chapter 3.12 and are governed by a separate policy adopted by resolution of the town council, as may be amended from time to time.

(g) For all purchase agreements and contracts over $500.00, the town attorney shall approve as to form.

(h) Unless otherwise provided herein, award of purchases shall be made by the town council in open session of a council meeting.

(i) Competitive bidding for public works contracts for public projects over $5,000.00 as required for general law cities under Public Contract Code § 20162 is not affected by this chapter.

Purchase Order and Professional Service Agreement Requirement Matrix

NOTE: The above matrix is intended to summarize the requirements of this chapter and not to change them. If the matrix contradicts the text of this chapter in any respect, the language of the chapter will prevail.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Professional service agreement (PSA):

(1) Professional service agreements are used to purchase professional services as defined in section 3.12.020.

(2) All purchases of professional services over $5,000.00 require the completion of a PSA on the town's standard form, except during times of a declared state of emergency. Deviations from the town's standard professional service agreement must be approved by the purchasing officer or the town administrator.

(3) The town shall secure professional services based upon demonstrated competence, professional qualifications, and suitability for the project in general and needs to comply with either the informal or formal bid procedures set forth in sections 3.12.070 or 3.12.080 respectively if the value of the agreement exceeds $5,000.00. The town should also consider the cost of the professional service, and in the event that a vendor is selected that does not offer the lowest price, a rationale must be provided to and approved by the town administrator prior to final selection being made.

(4) Authority to approve a professional service agreement shall be as specified in section 3.12.040.

(5) Authority to modify a professional service agreement shall be as specified in section 3.12.040 based on the total not-to-exceed value of the agreement, including any proposed increase in the not-to-exceed value.

(b) Purchase order (PO):

(1) Purchase orders are used to purchase supplies, material, and/or equipment having a cost greater than $5,000.00. They are not to be used to secure professional services.

(2) Authority to approve a purchase order shall be as specified in section 3.12.040.

(3) Authority to modify a purchase order shall be as specified in section 3.12.040 based on the total not-to-exceed value of the purchase order, including any proposed increase in the not-to-exceed value.

(4) All procurement using a PO require the completion of a purchase order on the town's standard form, except during times of a declared state of emergency. Deviations from the town's standard purchase order must be approved by the purchasing officer or the town administrator.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) In establishing a preference to local businesses in the award of contracts for supplies, equipment or services under this chapter, the town council finds that local businesses are disadvantaged in comparison to business located outside the town, particularly due to longer commutes for the delivery of goods and services and the high gas prices which increase the cost of goods and services delivered to and from the town limits. The town council also finds that awarding contracts to local businesses results in financial advantages to the town.

(b) Town personnel are directed to use their best efforts to purchase supplies, equipment, and services from local businesses whenever possible and consistent with the terms of this policy.

(c) All informal and formal bids are to be evaluated with a five percent preference for local businesses. A bid or proposal received from a local business will be tabulated as if it were five percent lower than the figure actually set forth in the bid or proposal. The local business must claim the local business preference to be considered.

(d) To qualify as a local business, the business shall submit with its bid or proposal, or have on file with the town clerk, an affidavit that demonstrates its eligibility as a local business, including but not limited to the following: the business has a facility with an address within the town and the business will attribute any sales tax from sales to the Town of Fort Jones.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

When the informal bid procedure is required, purchases shall be made in compliance with the following:

(1) The town shall specifically identify the goods and/or services it wishes to purchase and determine the estimated cost of the good and/or service from at least three different providers whenever possible.

(2) Informal bids received must be documented in writing and retained by the department head as required by the approved document retention schedule.

(3) Unless otherwise provided by any existing law, rule, regulation, or policy, the purchase of supplies, equipment and nonprofessional services shall be awarded to the provider with the lowest responsive estimated cost.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

When the formal bid procedure is required, purchases shall be made following compliance with the following:

(1) Notice inviting bids. Notices inviting sealed bids shall include: 1) a general description of the articles and/or services to be purchased, 2) where bid forms and specifications may be obtained, 3) the date, time and place for the bidders' conference, if any, and for the submission of sealed bids, and 4) any other information which the department head conducting the procurement deems useful.

(2) Published notice. Notice inviting bids shall be published at least once in a newspaper of general circulation published in the town at least five days before the date of opening of the bids, or if there is no such newspaper, posted in at least three public places in the town designated by the town clerk for posting public notices at least five days before the date of opening of the bids.

(3) Bidder's security:

a. When deemed necessary or appropriate, as with public works projects, the purchasing officer may require a bidding vendor to submit a bid security in any of the following forms:

1. Cash;

2. A cashier's check made payable to the town;

3. A certified check made payable to the town;

4. A bidder's bond executed by a surety insurer admitted to do business in California, made payable to the town.

b. Any requirement for bid security must be included in the public notice inviting bids.

c. The security shall be in an amount equal to at least ten percent of the bid amount.

d. A vendor shall forfeit its bid security upon its refusal or failure to perform pursuant to the terms of its contract with the town within 20 days after notice of award of contract or such lesser period specified in the notice inviting bids.

(4) Failure to perform:

a. Upon refusal or failure of the lowest successful bidder to execute or perform the contract pursuant to its terms, the officer or agency of the town authorized to award the contract may award it to the next lowest responsible bidder.

b. If the officer or agency of the town authorized to award the contract awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the town to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

(5) Bid opening procedure:

a. Sealed bids shall be submitted to the office of the town clerk and shall be identified as "Submitted Bid" on the envelope.

b. Bids shall be opened at the time and place stated in the notice inviting bids.

c. A record of all bids submitted to the town shall be subject to public inspection at the office of the town clerk during regular business hours for at least ten calendar days after the bids are opened.

(6) Rejection of bids. The officer or agency of the town authorized to award the contract may reject any and all bids and require the purchasing officer or department head to rebid the purchase.

(7) Award of contracts. The officer or agency of the town authorized by section 3.12.040 of this Code to do so shall award contracts.

(8) Tie bids. If two of more bids are submitted in the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the officer or agency of the town authorized to award the contract may accept either bid.

(9) No bids received. If no bids are received following compliance with the requirements of this section, the officer or agency of the town authorized to award the contract may procure the requested supplies, equipment, or services without further compliance with this chapter.

(10) Performance bonds:

a. The purchasing officer may require a performance bond in such amount as may be reasonably necessary to ensure performance before entering into any contract.

b. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only one source capable of competently and efficiently providing the required supplies, equipment or service.

(b) If it is determined that there is only a single source for the purchasing of a particular item or service, the requesting department shall prepare a waiver of bid and submit it to the purchasing officer.

(c) If it is determined that there is only a single source for the purchasing of a particular item or service, upon review and approval of the request by the purchasing officer and the town administrator, the contract may be awarded to the sole source vendor without competition. In this case, the purchasing officer or authorized designee shall conduct negotiations, as appropriate, as to price, delivery, and terms. All other provisions of this chapter shall remain applicable.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) The town administrator shall make, or authorize others to make, emergency purchases of supplies, equipment or services during a declared state of emergency for amounts less than or equal to $100,000.00; provided that such emergency purchases shall be made with such competition as is practicable under the circumstances. Purchases for amounts greater than $100,000.00 must be approved by the town council.

(b) When making an emergency purchase, the requesting department shall complete a waiver of bid form and submit it to the purchasing officer.

(c) At the next meeting of the town council following to town administrator making, or authorizing others to make, emergency purchases pursuant to this section, the town administrator shall provide in writing a summary of cause all such purchases to the town council. No further action to ratify or approve such purchases is required of the town council.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Purchases of $3,000.00 or less.

(b) Sole-source purchases in accordance with section 3.04.090 of this Code.

(c) Emergency purchases in accordance with section 3.04.110 of this Code.

(d) Intergovernmental orders by which the town has contracted with another governmental entity to purchase particular supplies, equipment or services on a cooperative basis or where the town contracts with suppliers who have been awarded contracts by the state or other local agencies for the purchase of supplies, equipment, and/or services under a competitive process and are able to have the bid prices they received extended to the town.

(e) Purchases of professional services in accordance with section 3.04.050 of this Code.

(f) Purchases of supplies, equipment, or services made with federal grant funds which are governed by a separate policy adopted by resolution of the town council, as may be amended from time to time.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Prior to disposal, a list of surplus personal property specifying the item, its actual or estimated purchase price, date of purchase, and estimated market value shall be submitted to the town council for approval as to its "surplus" status. Surplus personal property of the town shall be disposed of on annual or semi-annual basis, in the following manner:

(1) The town administrator may authorize the sale or disposition of surplus personal property which has a market value equal to or less than his or her contracting authority under section 3.04.040.

(2) The town council may authorize the sale or disposition of surplus personal property which has a market value in excess of the town administrator's contracting authority under section 3.04.040.

(3) Any surplus personal property within his or her contracting authority may be sold or disposed of by the town administrator as follows:

a. Surplus property with an estimated market value of less than $100.00 may be disposed of by the department head, upon written approval of the town administrator, in the manner most advantageous to the town considering the value of the property and the cost of sale, including, but not limited to, sale by salvage, recycling or disposal.

b. Surplus personal property with an estimated market value of more than $100.00 but less than or equal to $5,000.00 per individual item of property may be sold or disposed of by any method the town administrator determines to be most advantageous to the town considering the value and nature of the property and the cost of sale, including, but not limited to, sale by salvage, recycling or disposal.

c. Surplus personal property with an estimated market value of greater than $5,000.00 per individual item of property shall be sold under sealed bid or by public auction. Public auctions may include electronic bidding or auction services.

d. Disposition of surplus personal property pursuant to this section shall be "as is" without warranty, express or implied, and the buyer shall agree to pay applicable sales or transfer taxes.

e. Notwithstanding other provisions in this section, surplus personal property may be sold to another public entity for market value or traded for market value equivalent property or services as approved by the town administrator.

f. Notwithstanding other provisions in this section, surplus personal property of any value may be traded in as consideration toward the acquisition of other personal property upon written approval of the town administrator.

g. Notwithstanding other provisions in this section, surplus personal property of any value may be transferred to other town departments without consideration as approved by the town administrator.

(4) Surplus personal property which the town administrator deems unacceptable for sale to the public may be disposed of in the manner deemed appropriate by the town administrator. Examples of such property include: town-owned animals, law enforcement equipment and property which may pose a hazard to the general public.

(b) The town council may, by resolution, authorize the donation of surplus personal property, if the town council finds that such donation serves a public purpose or benefit. All donations pursuant to this section shall be "as is" without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the town, its officers and employees from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee.

(c) In cases where a sealed bid or public auction is required for the sale of surplus personal property, reasonable notice to prospective bidders of such sale by sealed bid or public auction shall be given, as determined by the purchasing officer, taking into account the circumstances and the item or items to be sold.

(d) Any department disposing of surplus personal property shall document the disposition and provide, in writing, to the finance director or his or her designee, who shall keep a record of sales, exchanges or other disposition of any property disposed of pursuant to the provisions of this chapter, at least the following information:

(1) A description of the property transferred;

(2) The name of the transferee;

(3) The date of transfer;

(4) The gross receipts, net receipts and/or transaction costs; and

(5) A description, including the value of any personal property received in exchange for the property transferred.

(e) Such records shall be kept consistent with the town's records retention policy.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)

(a) Purpose. The purpose of this chapter is to establish regulations for public projects and maintenance work in accordance with the requirements of the California Uniform Public Construction Cost Accounting Act (Public Contracts Code § 22000 et seq.). This chapter shall also apply to maintenance work in accordance with Public Contracts Code § 22003.

(b) Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Act" means the California Uniform Public Construction Cost Accounting Act, Public Contract Code § 22000 et seq.

(2) "Facility" has the meaning set forth in Public Contract Code § 22002.

(3) "Maintenance work" has the meaning set forth in Public Contract Code § 22002.

(4) "Project" includes public projects and maintenance work, as defined by this chapter.

(5) "Public project" has the meaning set forth in Public Contract Code § 22002.

(c) General provisions.

(1) Whenever any reference is made to any other ordinance or law, such reference shall be deemed to include all future amendments and successor statutes or ordinances thereto.

(2) The dollar limits set forth in this chapter shall adjust without council action as necessary to comply with amendments to the Act and any procedures adopted by the state controller.

(3) Plans, specifications, and/or working details adopted by the town for any public project are public records, subject to examination upon request.

(d) Contracts for public projects and maintenance work.

(1) Public projects and maintenance work for $75,000.00 or less.

a. The town administrator is authorized to award a contract for public projects and/or maintenance work if the lowest bid received is $75,000.00 or less.

b. Public projects and/or maintenance of $75,000.00 or less to be may be performed by town employees, by negotiated contract, or by purchase order without competitive bidding.

(2) Public projects and maintenance work for $75,000.00 or more, but less than or equal to $220,000.00.

a. Bid specifications shall be prepared and notices inviting bids shall be solicited as set forth in subsection 3.12.140.(3) of this chapter.

b. The town administrator is authorized to award a contract for public projects and/or maintenance work if the lowest bid received is $75,000.00 or more, but less than or equal to $220,000.00.

c. If all bids received are in excess of $220,000.00, the town council may adopt a resolution by a four-fifths vote to award the contract at $235,000.00 or less to the lowest responsible bidder, if the town council determines the cost estimate of the project prepared by the town was reasonable. Where town council does not adopt a resolution in accordance with the provisions of this subsection, the project shall be rebid.

(3) Public projects and maintenance work for more than $220,000.00.

a. Public project and maintenance work of more than $220,000.00 shall be approved by the town council.

b. The town council shall adopt plans, specifications, and working details for all public projects up to $220,000.00.

c. Public projects and/or maintenance work of more than $220,000.00 shall require competitive written bidding. A notice inviting bids shall be published and sent in compliance with the provisions of Public Contract Code § 22037. In addition, bid plans and working details shall be adopted by the town council for all public projects exceeding $220,000.00.

(e) Informal bidding procedures. Public projects and maintenance of $220,000.00 or less may be let to contract by informal procedures as set forth in the Act, including the following procedures:

(1) Contractors list. The town shall comply with the requirements of Public Contract Code § 22034 regarding maintaining a list of qualified contractors identified according to categories of work.

(2) Notice inviting informal bids.

a. Circulation. Where a public project or maintenance work is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be circulated using one or both of the following alternatives:

1. Notices inviting informal bids may be mailed or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection a. above.

2. Notices inviting informal bids may be mailed or emailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with § 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the public works director or their designee.

b. Proprietary products and services. Notwithstanding the foregoing requirements, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

c. Mailing. All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed at least ten calendar days before bids are due.

d. Contents. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(3) Rejection of bids; bid irregularities. The town administrator may, in their sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids.

(4) Award of contract. The town administrator is authorized to award and execute contracts informally bid in accordance with this section, provided that the expenditure is within the approved budget and the contract is in a form approved by the town attorney. Such contracts shall be awarded to the lowest responsible bidder.

(5) Tie bids; no bids received. If two or more bids are the same and the lowest, the town administrator may accept the one he or she chooses. If no bids are received through the informal procedures set forth in this section, the project may be performed by town employees, by force account or negotiated contract without further complying with this section.

(6) Acceptance of work. Upon the completion of work pursuant to a contract awarded pursuant to this section, the town administrator may accept the work and may authorize the filing of the notice of completion, the release of funds retained upon such filing, and the release of any bonds upon the conclusion of their respective warranty periods.

(7) Performance bonds. The town administrator may require a performance bond before entering a contract awarded pursuant to this section in such amount as the public services director or their designee finds reasonably necessary to protect the best interests of the town. If the town requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. No. 2025-3, § 2 (Exh. A), 3-10-2025)