[HISTORY: Adopted by the Township Council of the Township
of Hampton 4-25-2012 by Ord. No. 748. Amendments noted where applicable.]
The purposes of this chapter are to prescribe the manner in
which the Municipal Manager (Manager), acting as Purchasing Officer
for the Township, shall control the purchasing of certain materials,
supplies, equipment and contractual services for the Township of Hampton,
and to maintain a high ethical standard for all officials and employees
of the Township in connection therewith.
The Manager shall have the power and it shall be his duty:
A.
To purchase or contract for, within the limitations imposed by this
chapter and in accordance with regulations adopted by the Township
Council, all materials, supplies, equipment and contractual services
needed by the Township.
B.
To purchase and/or procure for the Township those materials, supplies,
equipment and contractual services from the lowest responsible bidder
in accordance with Township specifications.
C.
To sell or dispose of all obsolete or unusable personal property
in accordance with the laws of the Commonwealth of Pennsylvania and
the rules, regulations, or resolutions, which may be adopted by the
Council.
All contracts and purchases of the Township involving sums in
excess of the legislative bid limitations as set forth in the Township
of Hampton Home Rule Charter or the Second Class Township Code shall
be in writing and shall be executed on behalf of the Township by the
President of Council or, in his/her absence, the Vice President of
Council, and attested by the Manager, or his/her designate. The President
or Vice President and the Manager shall also execute all contracts
of a lesser amount, for the purchase, sale, leasing, or use of real
estate. Unless otherwise provided by ordinance, the Manager shall
execute written contracts on behalf of the Township involving sums
of less than $18,500 pursuant to budget or other prior authorization
of the Council. Any officer required to execute a written contract
may request the Legal Counsel to approve the same as to form.
The Manager is hereby authorized and directed to adopt such
written regulations as may be necessary for the implementation of
this chapter. Any regulations adopted by the Manager shall become
effective within 30 days after submission to the Council unless the
regulations are disapproved by the Council within the thirty-day period.
Copies of the regulations shall be on file in the Office of the Manager
and made available for public inspection during normal business hours.
The purchasing system regulations and procedures shall cover all purchases
made by the Township except:
B.
Labor or services rendered by any Township officer or employee.
C.
Labor, materials, supplies or services furnished by one Township
department to another Township department.
D.
The purchase or lease of real estate.
E.
Purchases made pursuant to cooperative intergovernmental purchasing
programs.
F.
Contracts with other governmental entities, authorities, agencies,
or political subdivision.
G.
Contracts for professional services.
It shall be the general policy of the Township to purchase goods
and services from responsible suppliers in a manner which provides
the Township with the best goods or services available at the lowest
possible price. It shall also be the policy of the Township that:
A.
No officer or employee of the Township shall accept any gratuity,
gift, or favor designed to influence his recommendation for the purchase
of any goods or service, nor shall any officer or employee personally
benefit either directly or indirectly by a purchase made by the Township.
B.
The Township shall endeavor to purchase products and goods manufactured
or produced by American business concerns.
C.
Cooperative intergovernmental purchasing agreements shall be fostered
and supported when not to the financial detriment of the Township.
All purchasing of goods and services by the Township with a
cost in excess of the Commonwealth of Pennsylvania legislative bid
limitation as set forth in the Second Class Township Code, shall be
made through the competitive bidding process except for:
A.
Labor or services rendered by any Township officer or employee in
the course of their regular duties.
B.
Labor, material, supplies, or services furnished by one Township
of Hampton department to another Township of Hampton department.
C.
Contracts relating to the acquisition of real property.
D.
Contracts for professional services.
E.
Contracts for insurance.
F.
Contracts with other governmental entities, authorities, agencies,
or political subdivisions.
Appropriation for the purchase of goods or services in the annual
budget as adopted by the Council shall constitute authorization for
the Manager to enter into competitive bidding for such purchase subject
to 15 days advance notice to Council of intent to bid.
A.
Sale of Township equipment and supplies. The Manager shall have the
authority to dispose of unneeded, obsolete or surplus equipment/supplies,
with an estimated value of less than $7,000 in the manner most beneficial
to the Township. Sale of equipment with an estimated value of more
than $7,000 shall be sold with the approval of the Council through
the competitive bidding process, except that competitive bidding shall
not be required for the sale of service to other governmental entities.
B.
Sale of real property.
(1)
The Council shall have the authority to dispose of real property
with an estimated value of less than $7,000 in the manner most beneficial
to the Township. Provided, that no real estate owned by the Township
shall be sold for a consideration in excess of $7,000, except to the
highest bidder after due notice by advertisement for bids in one newspaper
of general circulation in the Township. Such advertisement shall be
published once not less than 10 days prior to the date fixed for the
opening of bids, and such date for opening bids shall be announced
in such advertisement. The acceptance of bids shall be made only by
public announcement at a regular or special meeting of the Council.
All bids shall be accepted on the condition that payment of the purchase
price in full shall be made within 60 days of the acceptance of bids.
(2)
The provisions of this section shall not be applicable in those cases
where Township property is to be traded in or exchanged for new Township
property.
(3)
The provisions of this clause shall not prohibit the sale or exchange
of Township property to public utilities.
(4)
The provisions of this subsection requiring advertising for bids
and sale to the highest bidder shall not apply where Township real
or personal property is to be sold to a county, city, borough, town,
Township, institution district, school district or municipal authority
pursuant to the Municipalities Authorities Act of 1945, or to a nonprofit
corporation engaged in community industrial development or where real
property is to be sold to a person for his exclusive use in an industrial
development program or where real property is to be sold to a nonprofit
corporation organized as a public library for its exclusive use as
a library, or where real property is to be sold to a nonprofit medical
service corporation or where real property is to be sold to a nonprofit
housing corporation.
Except as provided in the regulations prescribed by the Manager
and approved by Council, it shall be unlawful for any officer or employee
of the Township to purchase or sell materials, supplies, property
or equipment or to make contracts, within the purview of this chapter,
other than through the Manager and/or Council.
When a circumstance requires that a purchase be made in a limited
period of time so as to preclude the competitive bidding process,
the Manager may waive the bid requirement and authorize an emergency
repair or replacement purchase. Such emergency repair or replacement
purchases shall be limited to situations in which:
A.
A delay in making the purchase presents a threat to the health, safety
or welfare of the residents of the Township;
B.
The purchase is required by unforeseen circumstances and delay would
seriously hinder the effective delivery of Township services; or
C.
There is no possible viable alternative to the emergency purchase.
All other purchases and/or sales for less than the above estimated
dollar amounts shall be based, wherever possible, on competitive quotations,
either by telephone or letter inquiry.
If the Manager becomes ill or needs to be absent from the Township,
he may designate a Township employee who shall perform the duties
of the Purchasing Officer during his absence or disability. The person
so designated shall not perform these duties for a period longer than
30 days, without the approval of the Township Council.
The effective date of this chapter and the regulation outlined
herein shall be May 1, 2012.
