[Added 7-18-2017 by Res.
No. 7-2017]
The following constitutes the Borough's procedures for selecting
the most qualified person to enter into a professional services contract
pursuant to Section 702-A of Act 44[1] (capitalized words shall have the meaning set forth in
Act 44):
A.
Request for proposal application(s), including disclosures. Applications
will be drafted at the time professional services are needed by the
Borough. The application provisions will address the applicants' qualifications,
experience, expertise and compensation to be charged. A disclosure
form in accordance with the provisions of Act 44 will be included
as part of the application. The selection process is not subject to
a requirement that the lowest bid be accepted.
B.
Advertisement. The Borough shall advertise the availability of a
proposal for a professional services contract to potential participants
or candidates in a timely and efficient manner. An advertisement of
such will include the following:
C.
Review.
(1)
The evaluation process will involve several steps. The initial responses
to the advertisement for proposals will be evaluated by the Borough.
The Borough will determine a list of finalists, interview finalists,
if applicable, and make a final decision.
(2)
The criteria to be used in the evaluation process can differ depending
on the professional services requested, but all shall include at least
the following:
(a)
The applicant's qualifications, experience, and expertise related
to Pennsylvania municipal pensions;
(b)
The applicant's approach to managing risk and research capabilities;
(c)
The applicant's knowledge of Act 205 and Act 600;
(d)
The quoted fee(s) associated with the desired service(s) sought;
(e)
The applicant's availability to meet with the Borough's pension
committees or governing body for periodic review; and
(f)
The response to the references provided by the applicant.
D.
Personnel. Prior to entering into a professional services contract,
the contractor shall disclose the names and titles of each individual
who will be providing professional services to the Borough pension
system, including advisors or subcontractors of the contractor. Furthermore,
disclosures will include all of the following:
(1)
Whether the individual is a current or former official or employee
of the Borough;
(2)
Whether the individual is a current or former registered federal
or state lobbyist;
(3)
A description of the responsibilities of each individual with regard
to the services provisions of the professional services contract;
and
(4)
The resume of an individual listed in the aforementioned disclosure
shall be provided to the Borough upon request.
E.
Conflict of interest.
(1)
All proposals for professional services contracts shall include a
minimum restriction for any applicant of one year on:
(a)
Participation by a former employee of a proposed contractor
or potential contractor in the review of a proposal or negotiation
of a professional services contract with that proposed contractor.
(b)
Participation by a former employee of the Borough in the submission
of a proposal or the performance of a contract by a proposed contractor.
(2)
Additionally, all proposals for performance service contracts shall
include a permanent disqualification of any applicant for:
(a)
Any person or affiliated entity that currently holds a professional
services contract with the Borough and has conveyed a gift having
more than a nominal value to any official or employee of the Borough;
or
(b)
Any person or affiliated entity that currently holds a professional
services contract responds to, applies for, or otherwise solicits
a professional services contract with the Borough and has, within
the past two years of responding to any proposal, made a political
contribution to any parties, candidates or current office holders
of or for the Borough; or
(c)
Any person or affiliated entity that holds a professional services
contract with the Borough and has a direct financial, commercial or
business relationship with any Borough official unless the Borough
consents, in writing, to the relationship after full and complete
disclosure.
F.
Public information. Following the award of a professional services
contract, all applications and disclosure forms shall be made public
except as may be exempted under the Right to Know Act.
G.
Notification and posting of proceedings. Following the decision by
the Borough of the selection of any applicant for a contract, the
relevant factors that resulted in the selection for award of the professional
services contract must be summarized in a written statement and included
or attached to the documents awarding the contract. Within 10 days
of the selection for award of the professional services contract,
the original application, the proposal and selection statement, and
all disclosure forms must be transmitted to all unsuccessful applicants
and posted on the Borough's website, at least seven days prior to
the execution of the professional services contract.
H.
Increase. A professional services contract shall not be amended to
increase the cost of the contract by more than 10% or $10,000, whichever
is greater, unless the increase and a written justification for the
increase are public and posted on the Borough's website, at least
seven days prior to the effective date of the amendment.
[1]
Editor's Note: See 53 P.S. § 895.101 et seq.
