[Ord. 1985-1, 2/13/1985]
Preparation and adoption of the annual budget shall be accomplished
in accordance with Article VII, Section 701 through 709, of the Home
Rule Charter.
[Ord. 1985-1, 2/13/1985]
1.
The Township Manager shall prepare and submit annually to the Board
of Supervisors 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.
B.
The above information may be revised and extended each year with
regard to capital improvements still pending or in process of construction
or acquisition.
2.
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:
3.
The Board of Supervisors, 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 adopted by ordinance.
[Ord. 1985-1, 2/13/1985]
1.
No payment of any funds of the Township shall be made unless provided
for in the annual operating budget and specifically ratified by the
Board of Supervisors at its regularly scheduled meetings; provided,
however, that payroll and utility expenditures may be made at the
direction of the Manager where based upon a prior ordinance or contract.
2.
All checks or drafts of the Township shall be signed by the Secretary/Treasurer
and shall be countersigned by approved members of the Board of Supervisors.
3.
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.
[Ord. 1985-1, 2/13/1985]
1.
Borrowing and nonelectoral debt limits are regulated in accordance
with laws of the Commonwealth of Pennsylvania and the Home Rule Charter.
2.
The Township Manager or his designated agent shall have full authority
to invest, redeem, and reinvest funds available for but not immediately
required for municipal operations in a separate Township account or
in a municipal funding pool; provided that such authority shall be
exercised only 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, 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 Township Manager to maximize investment
revenues consistent with applicable laws and minimum investment risk.
[Ord. 1985-1, 2/13/1985]
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, subject to the provisions of this Administrative
Code. Such purchasing system shall cover all purchases made by the
municipality except those specifically excluded in Section 1104 of
the Home Rule Charter.
[Ord. 1985-1, 2/13/1985]
1.
BEST 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 Supervisors,
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 Board of Supervisors may
establish.
A bidder who 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.
2.
Subject and Exempt Purchases. Purchases subject to and exempt from
the competitive bidding system are covered in Section 1104 of the
Home Rule Charter.
3.
Authorization to Bid. Authorization to bid on any items required
to be competitive bid shall be approved by the Board of Supervisors.
4.
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 the 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.
5.
Disqualification of Bidders.
A.
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 Township or to other
municipalities.
(2)
Failure to submit a bid on two successive occasions.
(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 Township through a gift, gratuity, favor or benefit, or promise
thereof, to a Township 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 Township.
B.
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.
6.
Electronic Bidding. The electronic submission of bids and the electronic
receipt of bids for purchases of goods and services and for contracts
by the Township of Kingston is permitted so long as the Township of
Kingston has the electronic capability to maintain the confidentiality
of a bid until the bid opening time.
[Added Res. No. R-2019-11, 6/12/2019[1]]
7.
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 the item
to be purchased. The invitation shall include:
A.
A basic description of the item to be purchased.
B.
The quantity to be purchased.
C.
The method by which specifications and bid documents may be obtained.
D.
The date, time and place of the bid opening.
E.
Any other specific requirements.
F.
A notice that the bidding shall or shall not be conducted electronically.
[Added Res. No. R-2019-11, 6/12/2019]
8.
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 Township. The legal advertisement shall
appear no later than 10 working days prior to scheduled bid opening.
9.
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.
10.
Bid Deposits 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 best responsible bidder, as determined by the Board of Supervisors,
shall be forfeited to the Township if the product or service purchased
is not delivered as required in the specifications.
11.
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 the Township Secretary. All
bids opening shall be opened in public. Any bids received after the
bid opening has commenced shall be returned to the bidder unopened.
Upon completion of bid opening, the bid will be analyzed and tabulated
by the Township Manager for conformance with the specifications and
a recommendation by the Township Manager will be made to the Board
of Supervisors as to the best responsible bid. All bids to be submitted
and received electronically shall be submitted in the manner and within
the time and the date specified in the invitation for bids.
[Amended Res. No. R-2019-11, 6/12/2019]
12.
Bid Award. The Board of Supervisors shall review the recommendation
of the Township Manager 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 Supervisors present. The Board of Supervisors 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.
13.
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 inspection upon request.
[Ord. 1985-1, 2/13/1985]
1.
When emergency circumstances as set forth in Section 1104 of the
Home Rule Charter, 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:
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 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 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 Township Manager shall advise the Chairman or, in his
absence, the Vice Chairman of the Board of Supervisors. All emergency
purchases shall be reported to the Board of Supervisors at the next
regularly scheduled meeting.
[Ord. 1985-1, 2/13/1985]
Upon authority of the Board of Supervisors, by resolution, the
Township 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 Township. Sale of equipment
with a sale value of more than $500 shall be sold with the approval
of the Board of Supervisors 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.
[Ord. 1985-1, 2/13/1985]
In accordance with Section 711 of the Home Rule Charter, the
Board of Supervisors 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 February 15 of each succeeding
year.
