Borough of Green Tree, PA Chapter 49 Finances

[HISTORY: Adopted by the Borough Council of the Borough of Green Tree as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fiscal matters — See Charter, Art. XIV

Contracts and bidding — See Charter, Art. XV.

Administration of government — See Ch. 5.

Article I Investment of Surplus Funds

[Adopted 1-28-1974 (Sec. 210.01 of the 1982 Code)]

§ 49-1 Surplus funds.

The President of Council and the Assistant Borough Secretary are hereby authorized to invest surplus funds of the Borough in legal interest-bearing securities in accordance with § 1005.6 of the Borough Code, as amended.[1]

[1] Editor's Note: See 53 P.S. § 46005(6).

Article II Competitive Bidding; Sale or Lease of Municipal Property

[Adopted 11-2-1992 by Ord. No. 1230 (Ch. 208 of the 1982 Code)]

§ 49-2 Applicability; exceptions.

In accordance with Section 1503 of the Borough of Green Tree Home Rule Charter, the procedure for competitive bidding in the Borough shall be as provided in this article. However, the provisions of this article shall not apply to those items not requiring competitive bidding as set forth in Section 1504 of the Borough of Green Tree Home Rule Charter.

§ 49-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BEST RESPONSIBLE BIDDER

The bidder who, in a competitive bidding situation, submits a bid which, as finally determined by the Borough Council, is the best bid available in terms of price, product, service, quality, adherence to specifications, timeliness of delivery, serviceability, maintenance and other factors that the Borough Council may establish. The lowest bid price shall not be a sufficient basis to meet the terms of this definition.

BID SECURITY

A bid bond, certified check, bank treasurer's check or cashier's check, drawn in favor of or payable to the Borough, in an amount not less than 10% of the total amount of a bid, subject to the requirement that any bid bond shall be written by a company licensed by the Commonwealth of Pennsylvania to provide such bonds.

RESPONSIBLE BIDDERS LIST

A bidders list for each type of goods or service to be purchased by the Borough as existing five full business days prior to the time period set forth in § 49-4B(4) for the submission of bids (bid closing date).

[Added 8-2-1999 by Ord. No. 1396]

§ 49-4 Invitations to bid.

[Added 8-2-1999 by Ord. No. 1396]

A. Preparation of bid.

(1) The Borough Manager, or his or her designee, shall establish an application/questionnaire for completion by each bidder to determine whether a bidder is qualified to be determined a responsible bidder, either through previous dealings with the Borough or through an investigation of the bidder and his or her credit worthiness, reliability, performance of other like or similar projects or sales, bonding history, trade, bank, surety and insurance references.

(2) An application must be completed and investigated by the Borough Manager, or his or her designee, of each bidder prior to the bidder's placement on the responsible bidders list.

(3) Upon completion of the investigation set forth above, the Borough Manager shall promptly either place the bidder on the responsible bidders list or deny the bidder placement on the responsible bidders list, setting forth the reasons therefor.

(4) Once qualified as responsible, a bidder shall remain on the bidders list unless and until removed by reason of disqualification.

B. Any purchase required to be made through competitive bidding shall require an invitation to bid to be prepared by or at the direction of the Borough Manager. The invitation shall include, but not be limited to, the following:

(1) A basic description of the item or items to be purchased;

(2) The quantity of items to be purchased;

(3) The method by which the specifications and the documents may be obtained;

(4) The last date, time and place for the submission of the bids (bid closing date), and the date, time and place of opening of the bids, provided that the date of opening the bids need not be the date of awarding the bids; and

(5) Any other specific requirements deemed necessary by the Borough.

§ 49-5 Publication of invitations to bid.

A. A copy of the invitation to bid shall be published in a newspaper of general circulation in the Borough at least once each week for two successive weeks. The last date of publication shall be no less than 10 days prior to the scheduled bid closing date. The first date of publication shall be no more than 60 days prior to the scheduled bid closing date.

B. An invitation to bid shall be sent by mail to all vendors appearing on the responsible bidders list for the item or service to be purchased.

[Added 8-2-1999 by Ord. No. 1396]

§ 49-6 Bid specifications.

Bid specifications shall be as proposed by the appropriate department head, but such specifications shall be approved by the Borough Manager before advertising or submission to proposed vendors. Specifications shall consist of, but not be limited to, a specific, complete and accurate description of the item or items to be furnished, labor supplied, performance requirements and conditions and terms of purchase. Specifications may include requirements for performance bonds, insurance certificates, maintenance bonds, labor and material bonds and exceptions to the bid, if any. Construction contracts with the Borough shall also include a requirement for a certificate of insurance containing such coverages and limits as specified by the Borough, performance bonds, labor and material bonds and, if deemed necessary, maintenance bonds.

§ 49-7 Bid security.

A. Bid security in an amount not less than 10% of the bid amount shall accompany all bids. Failure to submit such bid security shall be grounds for rejection of the bid.

B. The bid security required under Subsection A hereof shall be returned to the successful bidder upon the signing of the contract by the Borough and the successful bidder and upon posting, with the Borough, a performance bond, if required, by the successful bidder. The bid security will be returned to all unsuccessful bidders within 30 days after the Borough has awarded the contract and after the contract has been signed by the Borough and the successful bidder.

§ 49-8 Submission procedure; opening and award; rejection and waiver.

A. All bids shall:

(1) Be firmly sealed;

(2) Be addressed and delivered to the Borough at 10 West Manilla Avenue, Pittsburgh, Pennsylvania, 15220;

(3) Be labelled as to the invitation to bid for which it is submitted;

(4) Be capable of being withdrawn by the bidder prior to the time set for opening;

(5) Be opened publicly at the appointed date and time; and

(6) Remain open for the period of time set forth in the bid specifications.

B. Any bid received after the bid closing date and time shall be returned unopened to the bidder.

C. After all bids have been opened, they may be reviewed and analyzed by the Borough Manager or his or her designated representative or by a committee of Council, who or which shall then submit to Council his, her or its recommendation as to the best responsible bidder.

D. The award of the bid shall be made in a public meeting of Council, after such deliberation and review as Council deems appropriate.

E. The Borough reserves the right to reject any and all bids or quotations and to waive any minor discrepancies in the bid, quotations or specifications when deemed to be in the best interests of the Borough.

§ 49-9 Disqualification of bidders.

[Amended 8-2-1999 by Ord. No. 1396]

A. The Borough reserves the right to disqualify as a bidder any corporation, firm or individual who or which, for any cause or reason, including, but not limited to:

(1) Is in arrears to the Borough for any sum, has failed to perform, either completely or satisfactorily, any prior contract with the Borough, has failed to fulfill any guarantees or time requirements with the Borough or has similarly failed in any prior contracts with other municipalities;

(2) Colludes with another bidder in an attempt to regulate price, quality or the availability of goods or services;

(3) Is interested in more than one proposal or bid being submitted to the Borough for the same item;

(4) Attempts to influence the Borough, its employees and/or its officers through any gifts, gratuities, favors or benefits;

(5) Fails to submit a bid to the Borough on two successive occasions; or

(6) Provides any false or misleading statements deemed material by the Borough regarding any product, service or information supplied or obtained in response to the application required by § 49-3.

B. The Borough Manager, or his or her designee, shall provide prompt notice to any bidder disqualified as a responsible bidder, setting forth the reasons thereof.

C. Any bidder removed by disqualification shall be entitled to apply for requalification upon submission of proof satisfactory to the Borough Manager, or his or her designee, that the cause for disqualification has been removed.

§ 49-10 Contracts where no bid received.

The right of the Borough to enter into contracts where no bids are received shall be as set forth in 73 P.S. § 1641.

§ 49-11 Withdrawal of bids.

A. The rights of a bidder to withdraw his or her or its bid in a construction contract and his or her or its corresponding obligations and duties to the Borough, and the rights of the Borough to re-bid and assess costs upon such withdrawal, shall be as set forth in 73 P.S. §§ 1602, 1603, 1604, 1605 and 1606. Except as specifically provided in 73 P.S. § 1602, there shall be no right to withdraw a bid once such bid is submitted to the Borough.

[Amended 8-2-1999 by Ord. No. 1396]

B. In the event the Borough contests the right of a bidder to withdraw his or her bid, the procedure thereafter shall be as set forth in 73 P.S. § 1604.

§ 49-12 Sale, lease or conveyance of lands by the Borough.

A. Procedure. Council may, subject to the following requirements, sell, lease or convey any lands of the Borough by any of the following methods:

(1) Upon a request for bids or sale at public auction, as set forth at 53 P.S. § 46201(4), except that Council may:

(a) Upon motion, extend the time for closing and for the payment of the purchase price;

(b) In addition to the notice requirements set forth in 53 P.S. § 46201(4), provide such additional advertisement of notices as deemed necessary.

(2) At private sale, upon the terms and conditions set forth in 24 P.S. §§ 7-707(3) and 7-707(6), except that where the term "school district" is used, the term "Borough" shall be inserted; where the term "board of school districts" is used, the term "Council of the Borough" shall be inserted; and where the term "board" is used, the term "Borough" shall be inserted, so that §§ 7-707(3) and 7-707(6) shall read as follows:

	(3)	At private sale, subject to the approval of the court of common pleas of the county in which the Borough is located. Approval of the court shall be on petition of the Council of the Borough, which petition shall be executed by the proper officers of the Borough and shall contain a full and complete description of the land proposed to be sold, a brief description and character of the building or buildings erected thereon, if any, the name of the prospective purchaser, the amount offered for the property, and shall have attached thereto an affidavit of at least two persons who are familiar with the values of real estate in the locality in which the land and buildings proposed to be sold are located to the effect that they have examined the property, that the price offered therefor is a fair and reasonable one and in their opinion a better price than could be obtained at public sale, and that they are not interested, either directly or indirectly, in the purchase or sale thereof. Before the court may act upon any such petition it shall fix a time for a hearing thereon and shall direct that public notice thereof be given as provided in clause (1) of this section. A return of sale shall be made to the court after the sale has been consummated and the deed executed and delivered.
	(6)	The Borough, when selling property at private sale, may engage the services of licensed real estate brokers to secure prospective purchasers, and pay them the customary real estate agents' commission charged within the Borough, but only in the event the sale is actually consummated by the brokers.

B. Imposition of terms, conditions, covenants and bid security requirements by the Borough. Upon the sale, lease or conveyance of any Borough lands, Council may impose such terms, conditions, covenants, covenants running with the land and requirements as to bid security as Council deems necessary under the circumstances and in the best interests of the Borough.

C. Rejection of bids. The sale, lease or conveyance of Borough lands by bid or public auction shall be subject to the right of the Borough to reject any and all bids, even if any prospective bidder submits a bid equal to or greater than the fair market value of the property or any minimum bid price set forth at the public auction.

D. Compliance with Charter. Entry into a contract for the sale or conveyance of Borough lands shall be subject to the requirements of Sections 501.7 and 1501 of the Green Tree Home Rule Charter. The Borough shall not be obligated or bound to convey such lands until such sections of the Charter have been complied with.