The preparation, submission, adoption and amendment of the annual budget shall be in accordance with Article VII of the Charter.
The preparation, submission and adoption of
the capital program and capital budget shall be in accordance with
§ 702b of the Charter.
The classification of accounts and codes to
be used and followed in all financial plans, budgets and financial
reports shall be in conformity with the financial reporting requirements
of the Pennsylvania Department of Community Affairs.
The Director of Finance shall prepare the annual
financial statements of the Township within 30 days following the
end of the fiscal year. The annual financial statements of the Township
shall include but not be limited to the following:
A.
To meet the financial statement requirement as defined in § 3-66 of this article and the statutory financial reporting requirements of the Commonwealth of Pennsylvania and the monthly operating and financial reporting requirements of the Township, there shall be maintained, as necessary, the following books of account for each Township fund:
(1)
B.
It shall be the responsibility of the Director of
Finance to prepare and maintain the books of account.
The Director of Finance shall have authority
to invest, redeem and reinvest funds available but not immediately
required for Township operations 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 or
by the Federal Savings and Loan Insurance Corporation or by the pledges
of assets of the type and valuation as provided by law. Temporary
investments may also be made in bank certificates of deposit supported
by fully pledged collateral and repurchase agreements for the United
States government or other allowable securities. It shall be the responsibility
of the Finance Director to maximize investment revenues consistent
with applicable laws and minimum investment risk.
A.
The Director of Finance shall assist the Township
Manager in establishing a purchasing system, which shall provide the
regulations, policies and procedures covering the acquisition of goods
and services.
B.
All department heads are responsible for all purchases
of their departments. All purchases, except petty cash items, must
be authorized by signature of the department head and approved by
signature of the Township Manager.
A.
Review and execution.
[Amended 11-8-1990 by Ord. No. 612]
(1)
Contracts of the Township involving sums in excess
of $18,500, except those excluded from competitive bidding requirements
by § 604c of the Home Rule Charter, shall be in writing,
subject to competitive bidding and executed by the Chairman of the
Board.
[Amended 12-22-2011 by Ord. No. 916]
(2)
The Manager may enter into and execute all other contracts
on behalf of the Township. All written contracts shall be reviewed
and approved by the Solicitor before execution.
B.
Notice; quotes.
[Amended 11-8-1990 by Ord. No. 612; 12-22-2011 by Ord. No.
916]
(1)
All contracts in excess of $18,500, except those excluded
from competitive bidding requirements, shall not be made except from
the lowest responsible bidder after due notice in one newspaper of
general circulation published or circulated in the county in which
the Township is situated at least three times at intervals of not
less than three days where daily newspapers of general circulation
are employed for such publication or, in case weekly newspapers are
employed, then the notice shall be published once a week for two successive
weeks. The first advertisement shall be published not less than 10
days prior to the date fixed for the opening of bids.
(2)
All contracts in excess of $10,000 but less than $18,500,
except those excluded from competitive bidding requirements, shall
not be made except after receipt of at least three written or telephone
quotations for the goods from responsible vendors/contractors, which
quotes shall be documented. Telephone quotations shall be documented
by recording information on the date, the name of the vendor/contractor,
the name of the representative of the vendor/contractor who provided
the quote, the subject matter of the quotation and the price. All
documentation shall be retained on file in the Township for three
years. If there are not three responsible vendors/contractors within
a reasonable distance of the Township, that fact must be documented.
(3)
In the event that the Pennsylvania Department of Labor and Industry, as authorized by Act 84 of 2011, adjusts the minimum amount of contracts subject to competitive bidding as set forth herein, the amounts set forth in this § 3-71, as amended, shall conform to the adjusted amount set by the Department of Labor and Industry, effective as of the first day of the calendar year following notice of such adjustment by the Department of Labor and Industry.
C.
The amount of the contracts shall in all cases, whether
of straight sale price, conditional sale, bailment lease, or otherwise,
be the entire amount which the Township pays to the successful bidder
or his assigns in order to obtain the services or property, or both,
and shall not be construed to mean only the amount which is paid to
acquire title or to receive any other particular benefit or benefits
of the whole bargain.
D.
The acceptance of bids shall only be made by public
announcement at the meeting at which bids are received, or at a subsequent
meeting, the time and place of which shall be publicly announced when
bids are received. If for any reason one or both of the above meetings
shall not be held, the same business may be transacted at subsequent
meetings, provided that at least five days' notice thereof shall be
published in the newspaper aforesaid. The Township shall always reserve
the right to accept or reject any or all bids or parts thereof or
to waive any informalities as deemed in the best interest of the Township.
E.
Each sealed bid shall be accompanied by a certified
check, bank cashier's or treasurer's check, or a bid bond with corporate
surety satisfactory to the Township, in an amount equal to not less
than 10% of the bid. The bid bond or certified check which accompanies
the bid shall be held by the Township and shall be deemed to be liquidated
damages which the Township will sustain by the failure of the successful
bidder to execute and deliver the contract and performance bond. If
said bidder defaults in executing and delivering the contract and
the performance bond within 10 days of written notification by the
Township Manager as aforestated, then the check shall become the property
of the Township, but if said bidder executes and delivers the agreement
and performance bond, the check shall be returned to the bidder. In
the alternative, the Township reserves the right to sue for damages
for the nonperformance of such bidder and, in such case, such check
shall be held by the Township to be applied to the damages incurred
by the Township because of such nonperformance.
F.
The successful bidder, when advertising is required
herein, shall be required to furnish a bond with suitable reasonable
requirements, guaranteeing performance of the contract, with sufficient
surety in the amount of 100% of the amount of the contract within
20 days after the contract has been awarded, unless the Township Supervisors
shall prescribe a shorter period, not less than 10 days, and upon
failure to furnish such bond within such time, the previous award
shall be void. Delivery, accomplishment and guaranties may be required
in all cases of expenditures, including the exceptions from competitive
bidding.
G.
Emergency purchases.
(1)
A majority of the Board of Supervisors may authorize,
by poll, the waiver of the competitive bidding process when they shall
declare that emergency circumstances require that a purchase be made
within a limited period of time. 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 that 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 solicited may
be oral or written.
H.
Bonds for the protection of labor and material. Before
any contract for the maintenance, repair or construction of any public
building or other public work or public improvements is awarded by
the Township to any contractor, such contractor shall furnish to the
Township a bond in the sum not less than 100% of the contract amount
for the protection of persons supplying labor or material to the contractor
or to any of his subcontractors in the prosecution of the work provided
for in such contract, and shall be conditioned for the prompt payment
of all such material furnished or labor supplied or performed in the
prosecution of the work. "Labor or materials" shall include public
utility services and reasonable rentals of equipment, but only for
periods when the equipment rented is actually used at the site.
I.
Discrimination in employment. All contracts executed
by the Township or officers thereof, which involve the construction
or doing of any work involving the employment of labor, shall contain
a provision that the contractor shall accept and adhere to the provisions
of the Pennsylvania Human Relations Act.[1]
[1]
Editor's Note: See 43 P.S. § 951
et seq.
J.
Acceptance by contractor of Workers' Compensation
Act. All contracts executed by the Township or officers thereof, which
involve the construction or doing of any work involving the employment
of labor, shall contain a provision that the contractor shall accept,
insofar as the work covered by any such contract is concerned, the
provisions of the Pennsylvania Workers' Compensation Act, and the
said contractor will insure his liability thereunder or file with
the Township with which the contract is made a certificate of exemption
from insurance from the Bureau of Workers' Compensation of the Department
of Labor and Industry.
K.
Responsible contractor requirements for contracts exceeding $100,000.
[Added 8-13-2009 by Ord. No. 879]
(1)
Purpose.
(a)
The Township of Whitemarsh (hereinafter "Whitemarsh") recognizes
that there is a need to ensure that all work on public construction
and maintenance contracts is performed by responsible, qualified firms
that maintain the capacity, expertise, personnel and other qualifications
and resources necessary to successfully perform public contracts in
a timely, reliable and cost-effective manner.
(b)
To effectuate the purpose of selecting responsible contractors
for public contracts and to protect Whitemarsh investments in such
contracts, prospective contractors and subcontractors should be required
to meet preestablished, clearly defined minimum standards relating
to contractor responsibility, including requirements and criteria
concerning technical qualifications, competency, experience, adequacy
of resources, including equipment, financial and personnel, and satisfactory
records regarding past project performance, safety, law compliance
and business integrity.
(c)
Further, due to the critical impact that skilled construction
craft labor has on public works projects, and due to the limited availability
of skilled construction craft labor and imminent craft labor skill
shortages, it is necessary to require contractors and subcontractors
to participate in established, formal apprenticeship training programs
as a condition of bidding for the purpose of both promoting successful
project delivery and ensuring future workforce development. Whitemarsh
also recognizes that it is beneficial to the local community to ensure
that firms receiving public contracts provide adequate wages and benefits
to their employees and utilize fair business, employment and training
practices that have a positive impact on local communities affected
by such contracts.
(d)
Therefore, Whitemarsh shall require compliance with the provisions
of this section by business entities seeking to provide services to
Whitemarsh as specified herein. The requirements of this section are
intended to supplement, not replace, existing contractor qualification
and performance standards or criteria currently required by law, public
policy or contracting documents. However, in the event that any of
the provisions of this section conflict with any law, public policy
or contracting documents of Whitemarsh, this section shall prevail.
(2)
Responsible contractor requirements.
(a)
All contractors and subcontractors of any tier that perform
work valued at over $100,000 on any public facility or public works
project, including construction, alteration, renovation, repair, service
(excluding trash hauling) or maintenance work, shall meet the requirements
of this section.
(b)
All firms engaged in contracts covered by this section shall
be qualified, responsible contractors or subcontractors that have
sufficient capabilities in all respects to successfully perform contracts
on which they are engaged, including the necessary experience, equipment,
technical skills and qualifications and organizational, financial
and personnel resources. Firms bidding on public contracts shall also
be required to have a satisfactory past performance record and a satisfactory
record of law compliance, integrity and business ethics.
(c)
If after three attempts by Whitemarsh to award a contract to
a responsible bidder, as defined in this section, no bidder is determined
to meet the requirements of this section, this section shall not apply
to subsequent attempts to bid the project.
(3)
Contractor responsibility certifications.
(a)
As a condition of performing work on a public works contract
subject to this section, a general contractor, construction manager
or other lead or prime contractor seeking award of a contract shall
submit a contractor responsibility certification at the time it submits
its bid for a contract.
(b)
The contractor responsibility certification shall be completed
on a form provided by Whitemarsh Township and shall reference the
project for which a bid is being submitted by name and contract or
project number.
(c)
In the contractor responsibility certification, the construction
manager, general contractor or other lead or prime contractor (hereafter
the "Firm") shall confirm the following facts regarding its past performance
and work history and its current qualifications and performance capabilities:
[1]
The firm has all valid effective licenses, registrations or certificates
required by federal, state, county or local law, including, but not
limited to, licenses, registrations or certificates required to: do
business in the designated locale; and perform the contract work it
seeks to perform. These shall include, but not limited to, licenses,
registrations or certificates for any type of trade work or specialty
work which the firm proposes to self-perform.
[2]
The firm meets the bonding requirements for the contract, as
required by applicable law or contract specifications, and any insurance
requirements, as required by applicable law or contract specifications,
including general liability insurance, workers' compensation insurance
and unemployment insurance requirements.
[3]
The firm has not been debarred by any federal, state or local
government agency or authority in the past three years.
[4]
The firm has not defaulted on any project in the past three
years.
[5]
The firm has not had any type of business, contracting or trade
license, registration or other certification suspended or revoked
in the past three years.
[6]
The firm has not been cited for a willful violation of federal
or state safety laws in the past three years.
[7]
The firm and its owners have not been convicted of any crime
relating to the contracting business by a final decision of a court
or government agency in the past 10 years.
[8]
The firm has not, within the past three years, been found in
violation of any law applicable to its contracting business, including,
but not limited to, licensing laws, tax laws, prompt payment laws,
wage and hour laws, prevailing wage laws, environmental laws or others,
where the result of such violation was the payment of a fine, back
pay damages or any other type of penalty in the amount of $1,000 or
more.
[9]
The firm will pay all craft employees that it employs on the
project the current wage rates and benefits as required under applicable
federal, state or local wage laws.
[10]
The firm participates in a Class A apprenticeship program for
each separate trade or classification in which it employs craft employees
and shall continue to participate in such program or programs for
the duration of the project.
[a]
For purposes of this section, a Class A apprenticeship
program is an apprenticeship program that is currently registered
with and approved by the U.S. Department of Labor or a state apprenticeship
agency and has graduated apprentices to journeyperson status for at
least three of the past five years.
[b]
If a firm is identified as the lowest responsible
bidder or otherwise selected as the prospective awardee or as a subcontractor
of an awardee, it shall provide appropriate documentation, as determined
by Whitemarsh, to verify it meets the requirements of this section
for each trade or classification of craft workers it will employ on
the project. This verification shall be provided prior to performance
of work by the firm.
[11]
The firm has all other technical qualifications and resources,
including equipment, personnel and financial resources, to perform
the referenced contract or will obtain same through the use of qualified,
responsible subcontractors.
[12]
The firm will maintain all qualifications, resources and capabilities
referenced in this certification throughout the duration of the project.
[13]
The firm shall notify Whitemarsh within seven days of any material
changes to all matters attested to in this certification.
[14]
The firm understands that the contractor responsibility certification
required by this section shall be executed by a person who has sufficient
knowledge to address all matters in the certification and shall include
an attestation stating, under the penalty of perjury, that the information
submitted is true, complete and accurate.
(d)
Execution of the contractor responsibility certification required
by this section shall not establish a presumption of contractor responsibility,
and Whitemarsh may require any additional information it deems necessary
to evaluate a firm's status as a responsible contractor, including
technical qualifications, financial capacity or other resources and
performance capabilities. Whitemarsh may require that such information
be included in a separate statement of qualifications and experience
or as an attachment to the contractor responsibility certification.
(e)
The submitting firm shall stipulate in the contractor responsibility certification that, if it receives a notice of intent to award contract, it will provide a subcontractor list and required subcontractor information as specified in Subsection K(5) of this section.
(f)
If the submitting firm has ever operated under another name,
or controls, is controlled by another company or business entity or
in the past five years controlled or was controlled by another company
or business entity, whether as a parent company, subsidiary or in
any other business relation, it shall attach a separate statement
to its contractor responsibility certification that explains, in detail,
the nature of any such relationship. Additional information may be
required from such an entity if the relationship in question could
potentially impact contract performance.
(g)
If a firm fails to provide a contractor responsibility certification
required by this section, it shall be disqualified from bidding. No
action of any nature shall lie against Whitemarsh because of its refusal
to accept a bid for failing to provide information required by this
section.
(4)
Notice of intent to award contract.
(a)
After it has received bids for a project, Whitemarsh shall issue
a notice of intent to award contract to the firm offering the lowest
responsive bid.
(b)
Such notice shall be issued immediately or as soon as practicable after bids are submitted and shall stipulate that the contract award will be conditioned on the issuance of a written contractor responsibility determination, as required by Subsection K(6) of this section and any other conditions determined appropriate by Whitemarsh.
(5)
Subcontractor lists, subcontractor responsibility certifications.
(a)
Within seven days from the date of notice of intent to award
contract, a prospective awardee shall submit to Whitemarsh a subcontractor
list containing the names of subcontractors that will be used for
the referenced project, their addresses and a description of the work
each listed subcontractor will perform on the project.
(b)
At the time a prospective awardee submits the subcontractor list it shall also submit subcontractor responsibility certifications for all listed subcontractors to Whitemarsh. Subcontractor responsibility certifications shall be executed by the respective subcontractors on forms prepared by Whitemarsh and shall contain the same information and representations required in contractor responsibility certifications, including verification of apprenticeship qualifications as required by Subsection K(3)(c)[10], for each trade or classification of craft workers it will employ on the project.
(c)
Subcontractor responsibility certifications shall be executed
by persons having sufficient knowledge to address all matters in the
certification and shall include an attestation stating, under the
penalty of perjury, that all information submitted is true, complete
and accurate.
(6)
Contractor responsibility review and determination.
(a)
After a notice of intent to award contract has been issued,
Whitemarsh shall undertake a review process for a period of at least
30 days to determine whether the prospective awardee is a qualified,
responsible contractor in accordance with the requirements of this
section and other applicable laws and regulations and has the resources
and capabilities to successfully perform the contract.
(b)
As part of this review process, Whitemarsh shall ensure that
the contractor responsibility certification, the subcontractor list
and the subcontractor responsibility certifications, as required by
this section, have been submitted and properly executed.
(c)
Whitemarsh may conduct any additional inquiries to verify that
the prospective awardee and its subcontractors have the technical
qualifications and performance capabilities necessary to successfully
perform the contract and that the firms have a sufficient record of
law compliance and business integrity to justify the award of a public
contract. In conducting such inquiries, Whitemarsh may seek relevant
information from the firm, its prior clients or customers, its subcontractors
or any other relevant source.
(d)
If, at the conclusion of its internal review, Whitemarsh determines
that all responsibility certifications have been properly completed
and executed and if it concludes that the qualifications, background
and responsibility of the prospective awardee and the firms on its
subcontractor list are satisfactory, it shall issue a written contractor
responsibility determination verifying that the prospective awardee
is a qualified, responsible contractor. In the event a firm is determined
to be nonresponsible, Whitemarsh shall advise the firm of its finding,
in writing, and proceed to conduct a responsibility review of the
next lowest, responsive bidder or, if necessary, rebid the project.
Prior to the awarding of a contract, the Township must follow the
procedures as set by § 604 of the Whitemarsh Township Charter.
(e)
Whitemarsh shall not issue a written contractor responsibility
determination until at least 10 days after it determines that the
contractor is a qualified, responsible contractor in accordance with
the requirements of this section. A written contractor responsibility
determination may be revoked or revised in any manner at any time
if Whitemarsh obtains relevant information warranting such action.
(7)
Subcontractor responsibility review requirements.
(a)
A construction manager, general contractor or other lead or prime contractor shall not be permitted to use a subcontractor on any work performed for Whitemarsh unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of Subsection K(5) of this section.
(b)
A subcontractor listed on a firm's subcontractor list shall
not be substituted unless written authorization is obtained from Whitemarsh
and a subcontractor responsibility certification is provided for the
substitute subcontractor.
(c)
In the event that Whitemarsh determines that a prospective subcontractor
listed by the apparent low bidder does not meet the responsibility
standards of this section, it may, after informing the prospective
awardee, exercise one of the following options:
[1]
Permit the awardee to substitute a qualified, responsible subcontractor
in accordance with the requirements of this section;
[2]
Require the awardee to self-perform the work in question if
the firm has the required experience, licenses and other qualifications
to perform the work in question; or
[3]
Disqualify the prospective awardee.
(d)
In the event that a subcontractor is disqualified under this
section, the general contractor, construction manager or other lead
or prime contractor shall not be permitted to make any type of contractual
claim against Whitemarsh on the basis of a subcontractor disqualification.
(8)
Public review process.
(a)
The contractor responsibility certification for a firm identified
in a notice of intent to award contract, subcontractor lists and subcontractor
responsibility certifications shall be made immediately available
to the public for inspection through a publicly accessible website
or other comparable means.
(b)
During the public review period, any person or organization
may protest a contractor or subcontractor for failing to meet applicable
requirements of this section or on any other relevant grounds by submitting
a letter with supporting evidence to Whitemarsh.
(c)
If Whitemarsh determines that a contractor or subcontractor
responsibility certification contains false or misleading material
information that was provided knowingly or with reckless disregard
for the truth or omits material information knowingly or with reckless
disregard for the truth, the firm for which the certification was
submitted shall be prohibited from performing work for Whitemarsh
for a period of three years and shall be subject to any other penalties
and sanctions, including contract termination, available to Whitemarsh
under law. A contract terminated under these circumstances shall further
entitle Whitemarsh to withhold payment of any monies due to the firm
as damages.
(d)
A procurement contract subject to this section shall not be
executed until all requirements of this section have been fulfilled
and until contractor and subcontractor responsibility certifications
and subcontractor lists have been made available for public inspection
for at least 10 days following submission of such information.
(9)
Emergencies. Should the Board of Supervisors determine, in accordance with the provisions of § 3-71G of this article, that emergency circumstances exist that render the requirements and procedures set forth in this section unduly burdensome, then in that event the Township may award a procurement contract without application of the terms of this section.
[Amended 6-26-2008 by Ord. No. 854]
The Township Manager shall authorize the Finance
Director to supervise the disposal of unneeded, obsolete or surplus
equipment with a sale value of less than $1,000 in the manner most
beneficial to the Township. Sale of equipment with a sale value of
more than $1,000 shall be sold with the approval of the Board of Supervisors
through competitive bidding which shall include and not be limited
by auctions, except that competitive bidding shall not be required
for the sale of equipment, supplies or services to other governmental
entities, agencies, authorities or political subdivisions. The Township
Manager, prior to any disposal, shall submit to the Board of Supervisors
for its information a list of all equipment being disposed of.
A.
In accordance with § 608 of the Charter,
there shall be corporate surety bonds conditioned for the honest and
faithful performance of duties for officers and employees.
B.
The Township will pay the premium for surety bonds
for officers and employees responsible for the collection, receipt,
accounting for and depositing into the Township treasury of all taxes,
fees, assessments or charges established by the Township.
C.
The amount of the bond for the Township Manager and
Finance Officer shall be in an amount specified by the Board of Supervisors
from time to time by resolution. In no event shall the amount be less
than $500,000.
D.
All other full-time Township employees, whose duties
involve collection, receipt, accounting for or handling of Township
funds, shall be covered by a blanket fidelity bond.
