[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
Preparation and adoption of the annual budget shall be accomplished in accordance with Article VII, §§ 7.01 through 7.09, of the Home Rule Charter.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1.
The Township Manager shall prepare and submit annually to the Board of Supervisors a five-year capital improvement program at least three months prior to the final date for submission of the annual operating budget.
A.
The capital improvement program shall include:
(1)
A general summary of its contents.
(2)
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.
(3)
Cost estimates, method of financing and recommended time schedules for each such improvement.
(4)
The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
B.
The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
2.
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:
3.
The Board of Supervisors, 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 adopted by ordinance.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989; as amended by Ord. 375, 1/10/1989; by Ord. 551, 2/15/1993, § 1; and by Ord. 820, 12/8/2003]
1.
Payment of funds shall require specific approval of the Board in accordance with the provisions of the budget.
2.
All checks or drafts of the Township shall be signed by the Manager, except those in excess of $3,000, which must be countersigned by the Chair or Vice Chair of the Board of Supervisors.
3.
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.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1.
Borrowing and nonelectoral debt limits are regulated in accordance with laws of the Commonwealth of Pennsylvania and the Home Rule Charter.
2.
The Township Manager or his/her designated agent shall have full authority to invest, redeem, and reinvest funds available for but not immediately required for municipal operations in a separate Township account or in a municipal funding pool; provided that such authority shall be exercised only within the limits of programs previously approved by the Board of Supervisors. 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 Township Manager to maximize investment revenues consistent with applicable laws and minimum investment risk.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1.
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, subject to the provisions of this Administrative Code. Such purchasing system shall cover all purchases made by the municipality except those specifically excluded in § 805 of the Home Rule Charter.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989; as amended by Ord. 820, 12/8/2003; by Ord. 875, 12/11/2006, § 1; and by Ord. 918, 3/2/2009, § 2]
1. BEST RESPONSIBLE BIDDER BOARD OF SUPERVISORS HOME RULE CHARTER MANAGER MUNICIPALITY PERSON PURCHASING AUTHORITY RESPONSIBLE BIDDER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A responsible bidder who, in a competitive bidding situation, submits a bid which, as finally determined by the Board of Supervisors, 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 the Board of Supervisors may establish.
The Ferguson Township Board of Supervisors, as provided for in the Home Rule Charter of the municipality.
The Charter of the municipality, as approved by electors of Ferguson Township, 1974, with amendments, if any, thereafter lawfully adopted and approved.
The municipal Manager, as provided for in the Home Rule Charter of the municipality.
The Township of Ferguson, Pennsylvania.
Any natural person, partnership, association, firm, corporation, governmental body or agency or other entity.
The Ferguson Township Manager or his/her designee.
A bidder who 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 and not disqualified by the purchasing authority.
2.
Subject and Exempt Purchases. Competitive bidding shall be required on all contracts for equipment, services and construction with an estimated value in excess of $25,000. Purchases subject to and exempt from the competitive bidding system are covered in § 805 of the Home Rule Charter.
3.
Authorization to Bid. Appropriation for the purchase of goods or services in the annual budget, as adopted by the Board of Supervisors, shall constitute authorization for the Manager to enter competitive bidding for such purchase.
4.
Responsible Bidders List. The purchasing authority shall cause to be established and maintained a bidders list for each type of goods or service purchased by the Township. Inclusion on the 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.
5.
Disqualification of Bidders.
A.
A bidder may be disqualified by the purchasing authority for reasons including, but not limited to, the following:
(1)
Documentation of unsatisfactory performance by the bidder or of unsatisfactory goods or service provided by the bidder to the Township or to other municipalities.
(2)
Failure to submit a bid on two successive occasions.
(3)
False or misleading statements about a product or service.
(4)
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.
(5)
Collusion with another bidder in an attempt to regulate the price, quality, or availability of goods or services to the detriment of the Township.
(6)
An apparent lack of capacity to perform the contract.
(7)
An unsatisfactory record of performance (either with the municipality or other agencies) in prior contracts.
(8)
Failing to promptly supply information, bonds and documentation requested by the municipality.
B.
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.
6.
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 or e-mail to all vendors appearing on the bidders list for the item to be purchased. The invitation shall include:
7.
Publication Requirements. A copy of the invitation to bid, or a summary setting forth the principal provisions in reasonable detail with a reference to a place within the Township where copies of the complete invitation to bid are available, shall be placed in a legal advertisement published in a newspaper of general circulation in the Township. The legal advertisement shall appear no later than 14 days prior to the scheduled bid opening.
8.
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. When bids are sought for the erection, construction or alteration of any public building or facility, the purchasing authority may have separate specifications prepared for any one or more of the phases, parts, sections or internal or external systems of the work and, when this is done, separate bids may be required for each of those parts of the work. The contract may be awarded to the lowest responsible bidder for each of those branches or parts or on the basis of the lowest total price. 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.
9.
Bid Security. A bid security may be required for any purchase made by the Township and shall be provided in an amount, manner and form prescribed by the purchasing authority. Bid security may be in the form of a certified check, cashier's check or bid bond. The bid security of the best responsible bidder, as determined by the Board of Supervisors, shall be forfeited to the Township if the product or service purchased is not delivered as required in the specifications.
10.
Bid Procedure.
A.
Sealed Bids. 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 purchasing authority or his/her designated Township employee. All bids shall be opened in public. Any bids received after the bid opening has commenced shall be returned to the bidder unopened. Upon completion of bid opening, the bid will be analyzed and tabulated by the Township Manager or his/her designated Township employee for conformance with the specifications and a recommendation by the Township Manager will be made to the Board of Supervisors as to the best responsible bid.
B.
Award of Contracts. Contract awards by the Board of Supervisors (the Board) shall be made at an advertised public meeting. The following shall apply to the Board awards:
(1)
Awards shall normally be made to the lowest responsible bidder. However, the Board, upon recommendation of the purchasing authority, shall have the right to take into consideration such other factors as delivery date, quality of service, length of warranty, etc.
(2)
The Board shall have the authority to waive minor irregularities and defects when the best interests of the Township would be served.
(3)
The Board shall have the authority to accept or reject any and/or all bids or to hold all bids for 45 days or until the next regular Board meeting.
(4)
If two or more of the lowest bids received are for the same total amount or unit prices and the quality, delivery date and service capability are equal, the contract may be awarded to the bidder with business offices in the Township or as an alternative, the purchasing authority may break ties by requesting each of the equal low bidders to submit, in writing, their lowest and final bid. Said bids shall be opened in public and each of the bidders shall be informed of the time and place of said opening.
(5)
A tabulation of bids shall be made available for public inspection.
C.
Competitive Electronic Auction Bidding.
(1)
Conditions of Use. Notwithstanding any other provision of this Part concerning the requirements for competitive bidding for purchases and contracts, if the purchasing authority determines that use of competitive electronic auction bidding is in the Township's best interest, a contract for supplies and services, but not for construction or design professional services, may be entered into by competitive electronic auction bidding.
(2)
Invitation for Bids. An invitation for bids shall be issued and shall include a procurement description and all contractual terms, whenever practical, and conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
(3)
Public Notice. Public notice and advertisement of the invitation for bids shall be given in the same manner as provided in Subsection 7 of this section.
(4)
Auctions. Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, each bidder shall have the capability to view their bid rank or the low bid price. Bidders may reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
11.
Exceptions.
A.
Contracts or purchases made by the municipality involving an expenditure of more than $25,000 to which this section shall not apply, unless the Board of Supervisors shall otherwise direct in a specific instance, shall include:
(1)
Those for maintenance, repair or replacement of the public works of the municipality, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment.
(2)
Those made for improvements, repairs and maintenance of any kind made or provided by the municipality through its employees, except that all materials used for street construction, maintenance or improvement in excess of $25,000 shall be subject to the provisions of this section.
(3)
Those where particular types, models or pieces of new equipment, articles, apparatus, vehicles or parts which are patented, manufactured or copyrighted, cannot reasonably be acquired from more than one vendor.
(4)
Those involving any purchase of insurance or surety bond; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission; those made with the federal government, the Commonwealth of Pennsylvania or any subdivision thereof, including the sale, lease or loan of any supplies, materials, equipment or services by the commonwealth, the federal government or their subdivisions. The price charged to the municipality shall not be in excess of that fixed by the commonwealth, the federal government or their subdivisions.
(5)
Those involving personal or professional services.
(6)
Those made for improvements, repairs and maintenance of any kind of property of the municipality for labor, materials or profits and overhead, entered into with any organization which is engaged in rehabilitative or job training programs and such organization receives state or federal funding for such purposes.
(7)
Those involving the purchase of equipment and services related to computer software, technology, and information systems. The purchase of equipment and services related to computer software, technology, and information systems shall be made on the basis of best value procurement. Contracts under best value procurement shall be made only after the Township has solicited proposals based on performance and outcome specifications developed by the Township and describing, at minimum, the objectives to be met by the system, the tasks to be performed by the system, the users of the system, system security issues, the time frame for system implementation, potential operating technologies, compatibility with existing systems, training and maintenance, and shall indicate the process by which the contract shall be awarded. Best value procurement shall not require a sealed bid process, and shall permit the Township to negotiate the terms of the agreement with any responsive and responsible vendor. Any contract for the procurement of equipment and services related to computer software, technology, or information systems in excess of $25,000 shall be awarded by the Board of Supervisors at a public meeting.
B.
Purchases less than $25,000 shall adhere to the following procedure:
12.
Bid Award. The Board of Supervisors shall review the recommendation of the Township Manager 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 Supervisors present. The Board of Supervisors 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 Administrative Code or the Home Rule Charter.
13.
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 inspection upon request.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989; and by Ord. 918, 3/2/2009, § 3]
1.
When emergency circumstances, as set forth in § 805 of the Home Rule Charter, require that a purchase be made within a limited period of time so as to preclude the competitive bidding process, the purchasing authority may waive the bid requirement and authorize an emergency purchase. Such emergency purchases shall be limited to situations where:
A.
Delay in making the purchase would present 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 essential Township services.
C.
There are no feasible alternatives to the emergency purchase.
2.
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. As soon as possible after becoming aware of the need for an emergency purchase, the Township Manager shall advise the Chair or, in his/her absence, the Vice Chair of the Board of Supervisors. All emergency purchases shall be reported to the Board of Supervisors at the next regularly scheduled meeting.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989; as amended by Ord. 820, 12/8/2003; and by Ord. 875, 12/11/2006, § 2]
Upon authority of the Board of Supervisors, the Township Manager shall have the authority to dispose of unneeded, obsolete or surplus equipment or supplies with a sale value of less than $10,000 in the manner most beneficial to the Township. Sale of equipment or supplies with a sale value of more than $10,000 shall be sold with the approval of the Board of Supervisors 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.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
In accordance with § 7.11 of the Home Rule Charter, the Board of Supervisors 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 February 15 of each succeeding year.
[Ord. 105, 4/14/1976, Art. VIII, § 801; by Ord. 212, 4/14/1982; by Ord. 227, 3/23/1982, § 2; and by Ord. 820, 12/8/2003]
Elected or appointed Township officers, employees and delegates shall be paid by the Township the actual expenses incurred, or in place of transportation expenses, mileage at a rate to be set by resolution of the Board of Supervisors from time to time, when authorized by the Board of Supervisors to attend meetings, conferences, institutes and schools, in order to discuss and resolve the various questions arising in the discharge of the duties and functions of the respective officers, employees and delegates, and to provide uniform, efficient and economical methods of administering their Township duties.