[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.
