Amount of bond. In accordance with § C-119 of the Charter, the following named officials, employees and agents of the Municipality shall, prior to entering upon the duties of their respective offices, execute and file with the Municipality corporate surety bonds, conditioned upon the honest and faithful discharge and performance of their respective duties and the proper application of all money or property coming into their hands by virtue of their offices, in the following amounts:
Bonding companies. All such bonds shall be approved by the Municipal Solicitor and placed with one or more surety companies as Council may determine. Any bond placed with two or more surety companies shall obligate all such companies jointly and severally. The Municipality shall pay the premium for all surety bonds. To the extent that an official or employee of the Municipality acts in a similar capacity for another political subdivision or governmental entity, the bond covering such official or employee may reflect such other political subdivision or entity as an additional loss payee.
Insurance reports. The Chief Administrator shall submit reports to Council at least biennially, or six months prior to the expiration of any policy in the case of policies with a term of less than three years, reviewing all municipality insurance coverage in all liability areas and recommending coverage deemed reasonable and prudent. Said areas shall include but not be limited to the following:
Catastrophic liability insurance.
Comprehensive business liability and damage insurance.
Municipal property protection insurance.
Professional police liability insurance.
Workmen's compensation and employer's liability insurance.
Public officials' and employees' indemnity insurance.
Competitive bidding not required. As provided in § C-122 of the Charter, competitive bidding shall not be required for contracts for insurance and surety bonds. The Chief Administrator shall, in the insurance report required in Subsection C above, submit a recommendation including, where available, quotations from two or more insurance companies or brokers concerning whether insurance and bonds should be purchased through a competitive bidding procedure or on a direct-purchase basis.
[Amended 12-16-1991 by Ord. No. 305-91]
Preparation and adoption of the annual operating budget shall be accomplished in accordance with §§ C-103 through C-110 of the Charter. The budget shall be prepared with a detailed chart of accounts utilizing the format set forth in the publications of the Department of Community Affairs of the Commonwealth of Pennsylvania.
Preparation and adoption of the capital program shall be accomplished in accordance with §§ C-114 through C-116 of the Charter. Items shown in the capital program will not become appropriations until included in the annual operating budget and adopted by resolution.
Payment of all invoices, bills and claims shall be in accordance with § C-113 of the Charter.
Borrowing and nonelectoral debt limits are regulated in accordance with the laws of the commonwealth.
Incurrence of debt.
Notwithstanding the provisions of Act 185 of July 12, 1972 (hereinafter the "Local Government Unit Debt Act"), Council may not incur debt (as hereinafter defined) unless approved by an affirmative vote of six Council members in accordance with § C-112 of the Charter.
Editor's Note: See now 53 Pa. C.S.A. § 8001 et seq.
"Debt" means any obligation for the payment of money, whether due and payable in all events or only upon the performance of work, possession of property as lessee or rendering of services by others, except:
Current obligations for the full payment of which current revenues have been appropriated, including tax anticipation notes, and current payments for the funding of pension plans.
Obligations under contracts for supplies, services and pensions, allocable to current operating expenses of future years in which the supplies are to be furnished, the services rendered or the pensions paid.
Rentals payable in future years under leases not evidencing the acquisition of capital assets.
Interest or assumed taxes payable on bonds or notes, which interest or taxes are not yet overdue.
All net debt incurred with the assent of the electors.
Any ordinance calling an election for the purpose of obtaining the assent of the electors to the incurrence of debt shall be deemed approved upon the affirmative vote of four Council members.
As directed by Council, the Director of Finance or his designated agent shall invest, redeem and reinvest funds available for but not immediately required for municipal operations in a separate municipality account or in a municipal funding pool. Such investments shall be made only in securities backed by the full faith and credit of the United States Government, by the Federal Deposit Insurance Corporation, by the Federal Savings and Loan Insurance Corporation or by the pledges of assets of the type and valuation provided under the laws of the Commonwealth of Pennsylvania. Temporary investments may also be made in bank certificates of deposit supported by fully pledged collateral and repurchase agreements for United States Government or other allowable securities. It shall be the responsibility of the Director of Finance to maximize investment revenues consistent with law and minimum investment risk.
The basic requirements of a purchasing system are established in § C-120 of the Charter.
The Chief Administrator shall establish by Administrative Manual and administer a purchasing system which shall provide the regulations, policies and procedures covering the acquisition of goods and services by the Municipality, subject to the provisions of this code. Such purchasing system shall cover all purchases made by the Municipality except those specifically excluded in § C-122 of the Charter.
Editor's Note: The Administrative Manual is on file in the office of the Chief Administrator.
[Amended 6-22-1982 by Ord. No. 105-82; 3-21-1994 by Ord. No. 386-94; 4-4-2012 by Ord. No. 857-12]
Except as hereinafter provided, all contracts for the purchase of goods, properties or services involving an expenditure of more than $18,500 shall be entered into with the party submitting the lowest responsible bid.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- LOWEST RESPONSIBLE BIDDER
- A responsible bidder who, in a competitive bidding situation, submits a bid which, as finally determined by Council, is the best bid available in terms of price, product and/or service quality, adherence to specifications, timeliness of delivery, serviceability and maintenance and other factors that Council may establish.
- RESPONSIBLE BIDDER
- A bidder who is considered responsible either through previous experience in business dealings with the Municipality or through an investigation of the credit, reliability and performance of the bidder.
Exempt purchases. Purchases exempt from the competitive bidding system are covered in § C-122 of the Charter, and all purchases deemed to be exempt shall be made in accordance with that section. See § 3-53 of this code as to emergency purchases.
Responsible bidders list. The Chief Administrator shall cause to be established and maintained a bidders list for each type of goods or service purchased by the Municipality. Inclusion on the bidders list shall signify that a bidder is considered responsible either through previous experience in business dealings with the Municipality or through an investigation of the credit, reliability and performance of the bidder. Once qualified as responsible, a bidder shall remain on the bidders list indefinitely unless removed by reason of disqualification.
Disqualification of bidders.
A bidder may be disqualified for reasons including but not limited to the following:
Documentation of unsatisfactory performance by the bidder or of unsatisfactory goods or service provided by the bidder to the Municipality or to other municipalities.
False or misleading statements about a product or service.
An attempt by a bidder to influence the purchase of goods or services by the Municipality through any gift, gratuity, favor or benefit or promise thereof to a municipal official or employee.
Collusion with another bidder in an attempt to regulate the price, quality or availability of goods or services to the detriment of the Municipality.
Upon disqualification, a supplier shall be removed from the responsible bidders list until requalified. Such requalification shall consist of reasonable proof that the cause for disqualification shall not recur.
Invitation to bid. When it is determined that a purchase is to be made through competitive bidding, an invitation to bid shall be sent by mail to all vendors appearing on the bidders list for the item to be purchased. The invitation shall include:
Publication requirements. The Municipality shall publish the invitation to bid one time not later than 10 days prior to the scheduled bid opening.
Specifications. Specifications shall be prepared for all purchases made through competitive bidding. Specifications shall consist of a specific complete and accurate description of the item to be purchased, the performance requirements and conditions and terms of purchase. Specifications shall be clearly worded but shall not be so specific or strict as to effectively eliminate acceptable products from competition. If a maintenance or a performance bond is to be required before a contract is awarded, the amount, manner and form shall be prescribed in the specifications. See Subsection M below.
Bid deposits. A bid deposit shall be required for any purchase made under these procedures in an amount equal to 25% of the bid price quoted. The bid deposit of the lowest responsible bidder, as determined by Council, shall be forfeited to the Municipality if the product or service purchased is not delivered as required in the specifications.
Bid procedure. All bids shall be firmly sealed in an envelope and labeled so as to indicate the specific purchase for which the bid is submitted and the scheduled date and time of the bid opening. Bids shall be opened at the appointed time by the Municipal Secretary. All bid openings shall be open to the public. Any bids received after the bid opening has commenced shall be returned to the bidder unopened. Upon completion of bid opening, the Chief Administrator will analyze the bid for conformance with the specifications and recommend to Council the lowest responsible bid.
Bid award. Council shall review the recommendation of the Chief Administrator and may award a contract to the lowest responsible bidder. All such awards shall be made in a public meeting by the affirmative vote of four Council members. Council shall at all times reserve the right to reject any and all bids received or to waive any informalities in the bids received if said informalities do not conflict with this code or the Charter.
Filing of bids. The Chief Administrator shall maintain on file all bids received for a period of not less than three years and shall make such files available for public inspection upon request.
Contracts entered into under these procedures shall be accompanied by the following bonds in form and substance satisfactory to Council:
A performance bond in an amount equal to 100% of the contract price, guaranteeing the work to be completed and/or the equipment to be supplied in accordance with the contract.
A maintenance bond in an amount equal to 100% of the contract price, or such other amount deemed adequate by Council, to insure maintenance of all improvements, work and materials for a period of at least 24 months or such greater period as specified by Council.
Council may waive the requirement for either or both of the above bonds where it is shown that such a bond(s) is not commonly available.
When emergency circumstances require that a purchase be made within a limited period of time so as to preclude the competitive bidding process, the Chief Administrator may waive the bid requirement and authorize an emergency purchase. For purposes of § C-122A(6) of the Charter and this section, an emergency shall be limited to situations where:
Delay in making the purchase would present a threat to the health, safety or welfare of the residents of the Municipality.
The purchase is required by unforeseen circumstances and delay would seriously hinder the effective delivery of essential Municipality services.
There are no feasible alternatives to the emergency purchase.
Every effort shall be made to provide competitive conditions during the emergency purchase. Quotations should be obtained from as many vendors as possible, although such quotations may be oral in nature. A record shall be made of all oral quotations received, and such record, signed by the municipal official or employee receiving the oral quotations, shall be made part of the Municipality's files. As soon as possible after becoming aware of the need for an emergency purchase, the Chief Administrator shall advise the Mayor or, in his absence, the President of Council. All emergency purchases shall be reported to Council at the next regularly scheduled meeting.
When it is determined that property or equipment of the Municipality is surplus or no longer usable, the Chief Administrator shall so advise Council. At the direction of Council, such property shall be offered for sale through published notice and sealed bids as required for purchases under § 3-52 of this code, or such property may be sold in an advertised public sale either by auction or sealed bids. Nothing herein shall prevent disposal of obsolete or surplus property as a trade-in on the purchase of similar property or equipment.
In accordance with Article IX of the Charter, Council shall appoint, for the purpose of an independent annual audit of all municipal revenues, expenditures and accounts, an auditor who shall be a certified public accountant or a firm of certified public accountants licensed to practice in the Commonwealth of Pennsylvania for each fiscal year. Such appointment shall be made not later than January 30 of each succeeding year. The auditor so appointed shall conduct the audits in accordance with the requirements of Article IX of the Charter.
[Amended 3-7-2001 by Ord. No 563-01]
The election, compensation, obligations and duties of the Director of the Department of Tax Collection shall be as set forth in Article VIII of the Charter. The salary of the Director of the Department of Tax Collection shall be as set forth in Ordinance No. 143-76, as amended from time to time.
Editor's Note: This ordinance is on file in the municipal office.