[HISTORY: Adopted by the City Council of the City of Shamokin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-1950 by Ord.
No. 22 (Ch. 22 of the 1967 Code)]
[Amended 10-23-1979 by Ord. No. 264]
There shall be and is hereby created a Purchasing Committee,
which shall consist of the Mayor and the Director of Accounts and
Finance, who shall jointly sign all requisitions before purchases
are made.
All supplies and materials to be used by the City or any department,
officer or employee thereof shall be furnished upon requisitions to
be made upon the department head requiring such supplies and material
and to be countersigned by a member of the Purchasing Committee other
than the department head requesting the supplies.
All requisition blanks will be in duplicate. One copy thereof
shall be printed on white paper and the other copy upon tinted paper;
the tinted requisition blank to be retained by the director of the
proper department. Orders for the purchase or furnishing of supplies
or materials which shall have been properly requisitioned shall be
made and authorized by the Purchasing Committee and shall be in triplicate,
one on yellow-tinted paper, to be retained by the Purchasing Committee,
one on pink-tinted paper, to be sent to the officer, department or
employee that is to receive the supplies for the purpose hereinafter
mentioned, and the white sheet shall have the order to the merchant
or other person who is to furnish the supplies or materials. All articles
or materials furnished shall be billed to correspond with the order,
giving the number thereof. When the supplies or materials are received
by the proper department, officer or employee and the same are satisfactory
and in accordance with the order, the Purchasing Committee or Bill
Committee shall certify the amount of the order for payment.
The Council may prescribe any other rules and regulations and
blank forms for carrying out the purposes of this article and may
ratify and approve orders and purchases which may not have been issued
or made conformable to this article, provided that such orders and
purchases are within appropriation items and for proper City purposes.
This article is made subject to the requirements of the law
as to advertisements, etc., where the amount of the contract exceeds
the sum of $500, and subject to such future changes or amendments
of such law as may increase or decrease the amounts for which formal
advertising and letting will be provided for by law.
All ordinances or parts thereof conflicting with the provisions
of this article be and the same are hereby repealed insofar as they
conflict with any of the provisions of this article.
[Adopted 9-13-2010 by Ord. No. 10-04.01]
This article shall be referred to as the "City of Shamokin Fiscal
Responsibility of Vendors and Bidders Ordinance."
The City Council of the City of Shamokin finds that the majority
of persons and entities who owe taxes and/or permit and licensing
fees to the City pay these obligations in a timely manner but that
others neglect to fulfill this basic civic responsibility. Occasionally
these delinquent taxpayers and fee payers, in return for financial
remuneration, seek to provide services or materials to the City or
to bid on contracts or respond to requests for proposals to which
the City is a party. The City Council further finds that it is fundamentally
unfair to pay tax dollars, whether it be from taxes levied by the
City or tax revenue from other sources, to these persons or entities
who have outstanding delinquent tax or other obligations to the City.
A.
AFFILIATED ENTITY
AFFILIATED PERSON
CDBG PROGRAM
CITY
CITY COUNCIL
DELINQUENT TAXES
ENTITY
PERMIT OR LICENSING FEES
VENDOR
(1)
(2)
(3)
As used in this article, the following terms shall have the meanings
indicated:
If the vendor is a natural person, an affiliated entity of
the vendor is any entity in which the vendor has a financial interest
of 10% or greater. If the vendor is an entity, an affiliated entity
is any entity in which a person who has a 10% or greater financial
interest in the vendor also has a 10% or greater financial interest.
For the purposes of this definition only, the term "person" shall
include that person's spouse, children, parents and siblings.
If the vendor is a natural person, an affiliated person of
that vendor shall include the spouse of the vendor, and the children,
parents and siblings of the vendor if such children, parents or siblings
reside in the same household as the vendor. If the vendor is an entity,
an affiliated person of that vendor shall included any person who
owns a 10% or greater interest in the entity, the spouse of such person,
and, if they reside in the same household of such person, the children,
parents and siblings of that person.
The Community Block Grant Development Program administered
by the City of Shamokin.
The City of Shamokin, Northumberland County, Pennsylvania.
The City Council of the City of Shamokin.
Any and all taxes levied by the City of Shamokin (including,
but not limited to, real estate taxes, occupational taxes, per capita
taxes, local services or occupational privilege taxes, and wage taxes)
which have not been paid by December 31 of the calendar year in which
they were levied.
Any firm, company, corporation, partnership, association,
trust, syndicate, department, bureau, agency or other entity of any
kind, whether organized for profit or not for profit, recognized by
law as the subject of rights and duties.
Any and all fees due the City of Shamokin, which are imposed
by any ordinance, law, rule, regulation or resolution, which allows
the permittee or licensee to conduct any regulated activity or usage.
Any entity or natural person which:
Provides or seeks to provide services or materials to the City
of Shamokin in return for financial remuneration;
Bids or seeks to bid on contacts put out for bid by the City
of Shamokin to provide services or materials to the City in return
for financial remuneration; or
Responds or seeks to respond to a request for proposals issued
by the City to provide services or materials to the City in return
for financial remuneration.
B.
For any term in this article, the singular shall include the plural
and the plural shall include the singular. A reference to the masculine,
feminine or neuter gender shall be considered a reference to any and
all such genders.
A.
No City official, officer, agent, department, agency or employee
shall, on behalf of the City, purchase or contract to purchase any
services or materials from any vendor if that vendor, an affiliated
person of that vendor, or an affiliated entity of that vendor owes
any delinquent taxes due the City of Shamokin, or owes any permit
or licence fees due the City, at the time of such purchase or contract
to purchase. Any contract for the purchase of services or materials
executed on or after the effective date of this article shall contain
a provision that the contract may be terminated at the City's
option if, during the time the contract is in effect, the vendor or
an affiliated person or an affiliated entity of the vendor shall owe
any delinquent taxes or any license or permit fees to the City.
B.
No vendor shall be permitted to bid on any contact put out for bid
by the City or respond to any request for proposals issued by the
City if that vendor or an affiliated person or affiliated entity of
the vendor shall owe any delinquent taxes or any license or permit
fees to the City.
The City may require any vendor to execute an affidavit, under
penalty of perjury, that the vendor is in compliance with the provisions
of this article and that neither the vendor, an affiliated person
of the vendor, or an affiliated entity of the vendor owes any delinquent
taxes to the City or owes any permit or license fees to the City.
The City shall require, as part of the specifications for any bid
or request for proposals, that the proposed vendor execute and file
with the bid or response to the request for proposals an affidavit,
under penalty of perjury, that the vendor is in compliance with the
provisions of this article and that neither the vendor, an affiliated
person of the vendor, nor an affiliated entity of the vendor owes
any delinquent taxes to the City or owes any permit or license fees
to the City.
All purchases, contracts, bids, and requests for proposals made
by or administered by the Shamokin City CDBG Program shall be subject
to the provisions of this article.
This article shall be applicable to all purchases, contracts,
bids and requests for proposals made on or after the effective date
of the article. This article shall not retroactively effect any contracts
which were entered into prior to the effective date but extend beyond
the effective date of the article; however, it shall apply to any
renewals of such contracts made on or after the effective date.
A.
The provisions of this article are severable, and if any section,
clause, sentence, part or provision hereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect, impair or invalidate
any of the remaining sections, clauses, sentences, parts or provisions
of this article. It is hereby declared to be the intent of the City
Council of the City of Shamokin that this article would have been
adopted if such illegal, invalid or unconstitutional section, clause,
sentence, part or provision had not been included herein.
B.
The paragraph headings (titles) in this article are for convenience
only and do not expand, contract, restrict or otherwise modify or
change the actual text of the provisions contained herein.
