[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson 8-14-1989 by Ord. No. 17-1989 (Ch. 1, Part 9, of
the 1989 Code). Amendments noted where applicable.]
Preparation and adoption of the annual budget shall be accomplished
in accordance with Article XVII, Finance and Taxation, of the First
Class Township Code.
The Township Manager shall prepare and submit annually to the
Board of Commissioners 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.
(5)
Comparison between projected capital improvements and actual capital
improvements for the previous 12 months.
B.
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:
C.
The Board of Commissioners, 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 and adopted by ordinance.
A.
No payment of any funds of the Township shall be made unless provided
for in the annual operating budget and specifically approved by the
Board of Commissioners; provided, however, that payroll and utility
expenditures may be made at the direction of the Manager where based
upon a prior ordinance or contract.
B.
All checks or drafts of the Township shall be signed by the Township
Manager, Township Secretary or Acting Manager and Township Treasurer
and shall be countersigned by the President or Vice President of the
Board of Commissioners. With the written approval of the signature,
a facsimile signature may be used.
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 laws of the Commonwealth of Pennsylvania and the First Class
Township Code.
B.
The Township Manager or his designated agent shall have full authority
to invest, redeem and reinvest funds available but not immediately
required for municipal operation in a separate Township account or
in an municipal funding pool, provided that such authority shall be
exercised only within the limits of programs previously approved by
the Board of Commissioners. 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
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.
A.
Basic requirements. The basic requirements of a purchasing system
are established in the First Class Township Code.
B.
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. Such purchasing system shall cover all purchases made by
the municipality except those specifically excluded in the First Class
Township Code.
C.
Four thousand dollars is established as the limitation when competitive
bidding shall be required for the purchase of labor, materials and
supplies.
A.
LOWEST 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 Board of Commissioners,
is the lowest 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 Commissioners
may establish.
A bidder who is considered responsible either through previous
experience in business dealing with the Township or through an investigation
of the credit, reliability and performance of the bidder.
C.
Authorization to bid. Appropriation not exceeding the total amount
of $4,000 for the purchase of goods or services in the annual operating
budget adopted by the Board of Commissioners shall constitute authorization
for the Township Manager to initiate competitive bidding for such
purchase. Authorization to initiate competitive bidding for purchases
in the amount of $4,000 or more must be specifically granted by the
Board of Commissioners.
D.
Responsible bidders list. The Township Manager shall cause to be
established and maintained a bidders list for each type of goods or
service purchased by the Township. Inclusion on 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.
E.
Disqualification of bidders.
(1)
A bidder may be disqualified for reasons including but not limited
to the following:
(a)
Documentation of unsatisfactory performance by the bidder or
of unsatisfactory goods or service provided by the bidder to the Township
or to other municipalities.
(b)
Failure to submit a bid on two successive occasions.
(c)
False or misleading statements about a product or service.
(d)
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.
(e)
Collusion with another bidder in an attempt to regulate the
price, quality or availability of goods or services to the detriment
of the Township.
(2)
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.
F.
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 to all vendors appearing on the bidders list for them to be
purchased. The invitation shall include:
G.
Publication requirements. A copy of the invitation to bid shall be
placed in a legal advertisement published at least two times at intervals
of not less than three days where daily newspapers are published,
in the case weekly newspapers are used, then notice shall be published
once a week for two successive weeks. The legal advertisement shall
appear no later than 10 days prior to the scheduled bid opening and
not more than 45 days before the 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 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.
I.
Bid deposit or bond. A bid deposit or bond may be required for any
purchase made by the Township and shall be provided in an amount,
manner and form prescribed by the Township Manager. The bid deposit
of the lowest responsible bidder, as determined by the Board of Commissioners,
shall be forfeited to the Township if the product or service purchased
is not delivered as required in the specifications.
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 scheduled date and time of the bid opening. Bids
shall be opened at the appointed time by a committee of a least one
member of the Board of Commissioners and two members 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 bid opening, the bid committee will analyze
the bid for conformance with the specifications and recommend to the
Board of Commissioners the best responsible bid.
K.
Bid award. The Board of Commissioners shall review the recommendation
of the bid committee 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 Commissioners present. The Board of Commissioners 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 information
do not conflict with this administrative code or the First Class Township
Code.
L.
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 inspections upon request.
A.
When emergency circumstances require that a purchase be made within
a limited period of time so as to preclude the competitive bidding
process, the Township Manager may waive the bid requirement and authorize
an emergency purchase. Such emergency purchases shall be limited to
situations where:
(1)
Delay in making the purchase would present a threat to the health,
safety or welfare of the residents of the Township.
(2)
The purchase is required by unforeseen circumstances and delay would
seriously hinder the effective delivery of essential Township services.
(3)
There are no feasible alternatives to the emergency purchase.
B.
Every effort shall be made to provide competitive conditions during
the emergency purchase. Quotations should be obtained from as many
vendors as soon as possible after becoming aware of the need for an
emergency purchase; the Township Manager shall advise the President
or, in his absence, the Vice President of the Board of Commissioners.
All emergency purchases shall be reported to the Board of Commissioners
at the next regularly scheduled meeting.
The Township Manager shall have the authority to dispose of
unneeded, obsolete or surplus equipment or supplies with a sale value
of less than $2,500 in the manner most beneficial to the Township.
Sale of equipment with a sale value of more than $2,500 shall be sold
with the approval of the Board of Commissioners 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 § 520 of the First Class Township
Code[1] and Ordinance No. 81-7-1981,[2] the Board of Commissioners 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 January 30 of
each succeeding year.
The within ordinance shall be considered cumulative and supplemental
to the existing Ordinance No. 431 of 1971, as amended.
The proper officials of Robinson Township are hereby authorized
and directed to do all things necessary to effectuate the purpose
of this chapter.
