Preventative Maintenance Contract with Allstate Power Systems, LLC

GML §103 generally requires competitive bidding for contracts for services or materials exceeding a statutory threshold (currently $35,000 for most municipalities). The resolution does not recite the contract amount, the term of the agreement, or whether competitive bidding was conducted or waived. If the aggregate value of the preventative maintenance contract meets or exceeds the applicable threshold, the Village may be required to have publicly bid the work. Consider whether counsel can confirm the contract value and whether the procurement complied with GML §103 or qualifies for a recognized exception (e.g., sole-source, professional services exemption, or piggyback on an existing bid).

The resolution authorizes the Mayor to sign the contract but does not specify its duration. A multi-year contract creates a recurring expenditure obligation that should be matched to appropriated funds in each budget year. If the contract extends beyond the current fiscal year, trustees should consider whether it is consistent with the Village's budgetary and appropriation authority and whether future boards are being bound without adequate notice. Consider asking counsel to confirm that the contract term is consistent with applicable Village Law provisions and that funds are or will be appropriated for each year of the obligation.

The RESOLVED clause covers only three of the four Village-owned generators. The record does not reflect why the fourth generator is excluded — e.g., whether it is out of service, covered under a separate warranty, or simply not included for budgetary reasons. While this does not appear to create a legal defect on its face, the omission may raise questions about the adequacy of Village infrastructure maintenance and could become relevant in a future audit or liability context. Consider whether the Board record should reflect the reason for the exclusion.

Best practice and OSC guidance on procurement recommend that Board resolutions approving contracts recite the contract amount, term, and basis for vendor selection (e.g., lowest responsive bidder, existing state contract, waiver of bidding). The absence of these details from the resolution text makes it difficult for the public, auditors, or future Board members to verify that proper procurement procedures were followed. Consider amending the resolution or supplementing the record with a procurement summary or certification.