[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson 8-14-1989 by Ord. No. 17-1989 (Ch. 1, Part 9, of the 1989 Code). Amendments noted where applicable.]
Preparation and adoption of the annual budget shall be accomplished in accordance with Article XVII, Finance and Taxation, of the First Class Township Code.
The Township Manager shall prepare and submit annually to the Board of Commissioners a five-year capital improvement program at least three months prior to the final date for submission of the annual operating budget.
The capital improvement program shall include:
A general summary of its contents.
A list of all capital improvements which are proposed to be undertaken during the five years next ensuing, with appropriate supporting information as to the necessity for such improvements.
Cost estimates, method of financing and recommended time schedules for each such improvement.
The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
Comparison between projected capital improvements and actual capital improvements for the previous 12 months.
The Township Manager shall publish in one or more newspapers of general circulation in the Township the general summary of the capital improvement program and a notice stating:
The Board of Commissioners, by resolution, shall adopt the capital improvement program, with or without amendment, after the public hearing. Elements of the capital improvement program will not become appropriations until included in the annual budget and adopted by ordinance.
No payment of any funds of the Township shall be made unless provided for in the annual operating budget and specifically approved by the Board of Commissioners; provided, however, that payroll and utility expenditures may be made at the direction of the Manager where based upon a prior ordinance or contract.
All checks or drafts of the Township shall be signed by the Township Manager, Township Secretary or Acting Manager and Township Treasurer and shall be countersigned by the President or Vice President of the Board of Commissioners. With the written approval of the signature, a facsimile signature may be used.
All claims, prior to payment, shall be accompanied by a properly approved invoice, receipted purchase order or other acceptable evidence that the claim is properly due.
Borrowing and nonelectoral debt limits are regulated in accordance with laws of the Commonwealth of Pennsylvania and the First Class Township Code.
The Township Manager or his designated agent shall have full authority to invest, redeem and reinvest funds available but not immediately required for municipal operation in a separate Township account or in an municipal funding pool, provided that such authority shall be exercised only within the limits of programs previously approved by the Board of Commissioners. 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 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 Township Manager to maximize investment revenues consistent with applicable laws and minimum investment risk.
Basic requirements. The basic requirements of a purchasing system are established in the First Class Township Code.
General provisions. The Township Manager shall establish and administer a purchasing system which shall provide the regulations, policies and procedures covering the acquisition of goods and services by the Township. Such purchasing system shall cover all purchases made by the municipality except those specifically excluded in the First Class Township Code.
Four thousand dollars is established as the limitation when competitive bidding shall be required for the purchase of labor, materials and supplies.
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 the Board of Commissioners, is the lowest bid available in terms of price, product and/or service quality, adherence to specifications, timeliness of delivery, serviceability and maintenance, and other factors that the Board of Commissioners may establish.
- RESPONSIBLE BIDDER
- A bidder who is considered responsible either through previous experience in business dealing with the Township or through an investigation of the credit, reliability and performance of the bidder.
Authorization to bid. Appropriation not exceeding the total amount of $4,000 for the purchase of goods or services in the annual operating budget adopted by the Board of Commissioners shall constitute authorization for the Township Manager to initiate competitive bidding for such purchase. Authorization to initiate competitive bidding for purchases in the amount of $4,000 or more must be specifically granted by the Board of Commissioners.
Responsible bidders list. The Township Manager shall cause to be established and maintained a bidders list for each type of goods or service purchased by the Township. Inclusion on bidders list shall signify that a bidder is considered responsible either through previous experience in business dealings with the Township 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 Township or to other municipalities.
Failure to submit a bid on two successive occasions.
False or misleading statements about a product or service.
An attempt by a bidder to influence the purchase of goods or services by the Township through a gift, gratuity, favor or benefit, or promise thereof, to a Township officer 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 Township.
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 them to be purchased. The invitation shall include:
Publication requirements. A copy of the invitation to bid shall be placed in a legal advertisement published at least two times at intervals of not less than three days where daily newspapers are published, in the case weekly newspapers are used, then notice shall be published once a week for two successive weeks. The legal advertisement shall appear no later than 10 days prior to the scheduled bid opening and not more than 45 days before the 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 bond is to be required before a contract is awarded, the amount, manner and form shall be prescribed in the specifications. All specifications for construction contracts with the Township shall include a requirement for performance, labor and materialman's bonds.
Bid deposit or bond. A bid deposit or bond may be required for any purchase made by the Township and shall be provided in an amount, manner and form prescribed by the Township Manager. The bid deposit of the lowest responsible bidder, as determined by the Board of Commissioners, shall be forfeited to the Township 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 scheduled date and time of the bid opening. Bids shall be opened at the appointed time by a committee of a least one member of the Board of Commissioners and two members of the administrative staff. 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 bid committee will analyze the bid for conformance with the specifications and recommend to the Board of Commissioners the best responsible bid.
Bid award. The Board of Commissioners shall review the recommendation of the bid committee and may award a contract to the best responsible bidder. All such awards shall be made in a public meeting by a majority vote of the Commissioners present. The Board of Commissioners 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 information do not conflict with this administrative code or the First Class Township Code.
Filing of bids. The Township Manager shall maintain on file all bids received for a period of not less than three years and shall make such files available for public inspections upon request.
When emergency circumstances require that a purchase be made within a limited period of time so as to preclude the competitive bidding process, the Township Manager may waive the bid requirement and authorize an emergency purchase. Such emergency purchases 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 Township.
The purchase is required by unforeseen circumstances and delay would seriously hinder the effective delivery of essential Township 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 soon as possible after becoming aware of the need for an emergency purchase; the Township Manager shall advise the President or, in his absence, the Vice President of the Board of Commissioners. All emergency purchases shall be reported to the Board of Commissioners at the next regularly scheduled meeting.
The Township Manager shall have the authority to dispose of unneeded, obsolete or surplus equipment or supplies with a sale value of less than $2,500 in the manner most beneficial to the Township. Sale of equipment with a sale value of more than $2,500 shall be sold with the approval of the Board of Commissioners through the competitive bidding process, except that competitive bidding shall not be required for the sale of equipment, supplies or services to other political subdivisions.
In accordance with § 520 of the First Class Township Code and Ordinance No. 81-7-1981, the Board of Commissioners shall appoint, for the purpose of an independent annual audit of all Township revenues, expenditures and accounts, a certified public accountant or a certified public accountant firm for each fiscal year, not later than January 30 of each succeeding year.
The within ordinance shall be considered cumulative and supplemental to the existing Ordinance No. 431 of 1971, as amended.
The proper officials of Robinson Township are hereby authorized and directed to do all things necessary to effectuate the purpose of this chapter.