Preparation and adoption of the annual budget shall be accomplished in accordance with Article VIII, Sections 803 through 805, of the Home Rule Charter.
A.
No payment of any funds of the Borough shall be made
unless provided for in the annual operating budget as approved by
the Borough Council. Payroll, monthly bills, contractual payments
and utility expenditures may be made at the direction of the Manager
where based upon a prior ordinance, contract or action of Council
or is a budgeted expenditure.
B.
Checks or drafts of the Borough may be signed by the
Borough Manager, the Treasurer, the Assistant Treasurer or the President
or Vice President of Borough Council. One facsimile signature may
be used on a check or draft and must be accompanied by two other live
signatures except with respect to payroll checks if direct deposit
is utilized.
C.
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.
A.
Borrowing and nonelectoral debt limits are regulated
in accordance with the laws of the Commonwealth of Pennsylvania and
the Home Rule Charter.
B.
The Borough 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
Borough account or in a municipal funding pool, provided that such
authority shall be exercised only within the limits of programs previously
approved by the Borough Council. 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 Borough Manager to maximize investment
revenues consistent with applicable laws and minimum investment risk.
A.
General provisions. The Borough Manager and the Treasurer
shall establish and administer a purchasing system which shall provide
the regulations, policies and procedures covering the acquisition
of goods and services by the Borough, subject to the provisions of
this Administrative Code.
(1)
Ten thousand dollars is established as the limitation
when competitive bidding shall be required for the purchase of labor,
materials and supplies, unless excluded by Home Rule Charter Section
806, purchased through the state cooperative purchasing system or
other joint purchasing system.
(2)
Written quotes whenever possible or telephonic price
quotations from at least three qualified and responsible contractors
shall be requested for all contracts that exceed $4,000 but are less
than the amount requiring advertisement or competitive bidding, or,
in lieu of price quotations, a memorandum shall be kept on file showing
that fewer than three qualified contractors are known in the market
area within which it is practicable to obtain quotations. A written
record of telephone price quotations shall be made and contain at
least the date of quotation, the name of the contractor and the contractor's
representative, a description of the work or product which was the
subject of the quotation and the price. Written price quotations and
records of telephone quotations shall be retained for three years.
Purchases and contracts not subject to competitive bidding under the
Home Rule Charter and this Administrative Code shall not require quotations;
however, where possible, they are preferred.
A.
MOST RESPONSIBLE BIDDER
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 Borough Council,
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 Borough Council may establish.
A bidder who is considered responsible either through previous
experience in business dealings with the Borough or through an investigation
of the credit, reliability and performance of the bidder. The Borough
may, at its option, prequalify bidders for projects or services whenever
advisable.
B.
Subject and exempt purchases. Purchases subject to
and exempt from the competitive bidding system are specified in Section
806 of the Home Rule Charter. Contracts in excess of $4,000 shall
in all cases be detailed in writing.
C.
Authorization to bid goods or services that are included
in the annual operating budget adopted by the Borough Council shall
constitute authorization for the Borough Manager to initiate competitive
bidding for such purchase. Authorization to initiate competitive bidding
for unbudgeted projects or purchases must be specifically granted
by the Borough Council.
D.
Responsible bidders list. The Borough Manager shall
cause to be established and maintained a bidders list for each type
of goods or service purchased by the Borough. Inclusion on the bidders
list shall not necessarily signify that a bidder is considered responsible.
E.
Disqualification of bidders. A bidder may be disqualified
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 Borough or to other municipalities.
(2)
Incomplete bid document.
(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 Borough through a gift, gratuity, favor or
benefit or promise thereof to a Borough 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 Borough.
F.
Invitation to bid. When it is determined that a purchase
is to be made through competitive bidding, a bid invitation shall
be sent by mail to all vendors appearing on the bidders list for the
item to be purchased. The invitation shall include the following items:
a basic description of the item to be purchased; the quantity or estimated
quantity to be purchased; the method by which specifications and bid
documents may be obtained; the date, time and place of the bid opening;
and any other specific requirements.
G.
Publication requirements. A copy of the invitation
to bid shall be placed in a legal advertisement published at least
one time in a newspaper of general circulation in the Borough. The
legal advertisement shall appear no later than 10 days prior and not
more than 45 days prior to the scheduled bid opening.
H.
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 or performance 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 Borough in excess of $10,000 shall include a requirement
for performance, labor and materialman's bonds unless otherwise controlled
by state or federal regulations.
I.
Bid deposits or bond. A bid deposit or bond may be
required for any purchase made by the Borough and shall be provided
in an amount, manner and form prescribed by the Borough Manager. The
bid deposit of the most responsible bidder, as determined by the Borough
Council, may be forfeited to the Borough if the product or service
purchased is not delivered as required in the specifications or if
the required performance bond is not delivered if required in the
specifications or if the successful bidder refuses to execute a contract.
J.
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 the scheduled date and time of the
bid opening. Bids shall be opened at the appointed time by a committee
of the Borough Manager and or the Treasurer and at least one member
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 the bid opening,
the Bid Committee will analyze the bid for conformance with the specifications
and recommend to the Borough Council the most responsible bid.
K.
Bid award. The Borough Council shall review the recommendation
of the Bid Committee and may award a contract to the most responsible
bidder. All such awards shall be made in a public meeting by a majority
vote of the Council members present. The Borough Council 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.
Late submission shall not be considered an informality.
L.
Filing of bids. The Borough 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.
M.
Emergency purchases. When emergency circumstances
require that a purchase be made within a limited period of time so
as to preclude the competitive bidding process, the Borough Manager
may waive the bid requirement and authorize an emergency purchase.
Such emergency purchases shall be limited to situations where and
handled as follows:
(1)
Delay in making the purchase would present a threat
to the health, safety or welfare of the residents of the Borough.
(2)
The purchase is required by unforeseen circumstances
and delay would seriously hinder the effective delivery of essential
Borough services.
(3)
There are no feasible alternatives to the emergency
purchase.
(4)
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 Borough Manager shall advise the President
or, in his/her absence, the Vice President of the Borough Council.
All emergency purchases shall be reported to the Borough Council at
the next regularly scheduled meeting.
The Borough Manager shall have the authority
to dispose of unneeded, obsolete or surplus equipment or supplies
with a sale value of less than $500 in the manner most beneficial
to the Borough. Sale of equipment with a sale value of more than $500
shall be sold with the approval of the Borough Council 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 Section 809 of the Home Rule
Charter, the Borough Council shall appoint, for the purpose of an
independent annual audit of all Borough revenues, expenditures and
accounts, a certified public accountant or a certified public accountant
firm for each fiscal year. The independent auditor may be selected
by the Borough Council to provide auditing services for up to a three-year
contract; however, in every instance, the Borough Council will have
selected an auditing firm on or before February 15 of the fiscal year.
The Borough of West Chester will utilize the
Uniform Chart of Accounts as published by the Pennsylvania Department
of Community Affairs unless or until modified or replaced by an ordinance
duly adopted by the Borough Council.
A.
The following officers, agents and employees of the
Borough shall execute and file with the Borough corporate surety bonds
conditioned for the honest and faithful performance of their duties
in the sums fixed below. Premium for the surety and fidelity bonds
will be paid by the Borough.
(1)
The Borough Treasurer and/or his/her primary agent
responsible for the collection, receipt, accounting for and depositing
into the Borough treasury of all taxes, fees, assessments or charges
that are levied or established by the Borough: a bond in the amount
of $50,000.
(2)
Borough employees whose principal duties involve the
collection, receipt, accounting for or handling of Borough funds:
a blanket fidelity bond in the amount of $10,000.
(3)
Other Borough employees: as determined by the Borough
Council or the Borough Manager.
B.
The Borough Manager shall submit reports to the Borough
Council, at least biennially, reviewing all Borough coverage in all
liability areas and recommending coverage deemed reasonable and prudent.
Said areas shall include, but not be limited to, the following:
(1)
Automobile liability coverage.
(2)
Comprehensive general liability and damage insurance.
(3)
Borough property protection insurance.
(4)
Professional police liability insurance.
(5)
Worker's compensation and employer's liability insurance.
(6)
Public officials' and employees' indemnity insurance.
(7)
Employee benefit coverage.
(8)
Purchase of bonds and fidelity insurance coverage.
