[HISTORY: Adopted by the Board of Commissioners
of York County 7-3-2019 by Ord. No. 2019-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Local Government Investment Trust — See Ch. 61.
[1]
Editor's Note: This ordinance also repealed former Ch. 19,
Contracts and Purchasing, adopted 2-15-1995 by Ord. No. 95-8, as amended.
This chapter shall be known and may be cited as the "Contracts
and Purchasing Ordinance."
The Commissioners of the County of York, Pennsylvania, wish
to establish a County-wide procedure for all contracts entered into
and purchases made by the County.
A.
The County's procurement procedure regarding conditions for
which advertised bidding is required and contracts awarded is governed
by The County Code. See 16 P.S. § 1801 through § 1803,
Act of April 11, 1959, P.L. 17 § 1, as amended.
B.
The Commissioners shall be the sole contractors for the County. All
contracts or purchases by any county officer, elected or appointed,
or by an employee, of equipment, supplies, rental of materials or
personal property of any type, including furnishings, or professional
services of any type, insurance, surety and fidelity bonds, or other
nonprofessional services shall be approved by and entered into by
the County Commissioners and shall be in accordance with the Commonwealth's
County Code. See 16 P.S. § 1801, Act of April 11, 1959,
P.L. 17 § 1, as amended.
C.
No contract, oral or written, whether for purchase or lease, for
any goods, services or real estate not approved by the County Commissioners
shall be enforceable by any party.
A.
All purchases of equipment, supplies or property of any type, or
services of any type, except for maintenance contracts not exceeding
$4,000 total consideration, whether required to be bid or exempted
from bid by law, by any county officer, elected or appointed or employee,
shall first be approved by the County Commissioners.
B.
The Administrative Chief Clerk is authorized to approve equipment
maintenance contracts for the County not exceeding $4,000 total consideration,
subject to the review and approval of the County Solicitor. The County
encourages competitive pricing for purchases which fall below the
minimum dollar value set by law.
C.
The statutory limits for bidding and obtaining quotes change on an
annual basis through notice published by the Department of Labor and
Industry in the Pennsylvania Bulletin. The bidding and quotation limitations
to be followed shall be updated annually by resolution in accordance
with the amounts established and released annually by the Department
of Labor and Industry.
D.
All contracts over the statutory limits for all goods and/or services
may be submitted to the County Solicitor by the County Commissioners
for opinion on whether or not competitive bidding is required and
whether the contract is in an acceptable legal form. No person shall
divide any application for goods, services or other procurement into
smaller units to avoid the need for competitive bidding. Any contract
thought not to require competitive bidding shall be submitted with
a statement of facts that purport to justify making the contract without
following the competitive bidding procedure.
E.
Recognizing the risk and complexity of government, including the
computerized payment of bills and the need to protect county funds
from the payment of unauthorized contracts, no payment by the County
shall be deemed a ratification of any contract for goods or services
unless there is evidence that the County Commissioners authorized
the payment in writing, signed or initialed by them or another person
authorized in writing by them, to approve such contract.
F.
The County Commissioners may make such regulations as they deem necessary
to carry out the intent of this chapter.
Contracts or purchases that do not require advertising, bidding
or price quotations are as follows:
A.
Contracts for maintenance, repairs or replacements for water, electric
light, or other public works of the County where they do not constitute
new additions, extensions or enlargements of existing facilities or
equipment.
B.
Contracts for improvements, repairs and maintenance of any kind,
made or provided by the County through its own employees, except for
construction materials used in street improvements.
C.
Contracts for particular types, models or pieces of new equipment,
articles, apparatus, appliances, vehicles or parts thereof, are desired
by the Commissioners, which are patented and manufactured or copyrighted
products.
D.
Contracts involving policies of insurance or surety company bonds,
those made for public utility service and electricity, natural gas
or telecommunication services, provided that, in the case of utilities
not under tariff with the Pennsylvania Public Utility Commission,
contracts made without advertising and bidding shall be made only
after receiving written or telephonic price quotations.
E.
Contracts involving services of members of the medical or legal profession,
registered architects, engineers, certified public accountants or
other personal services involving professional expertise.
F.
Contracts entered into by nonprofit cooperative hospital service
associations for hospitals and nursing homes, which are part of the
institutional district or which are owned by the County, operated
by the County or affiliated with the County by the purchasing of,
or participating in contracts for, materials, supplies and equipment.
G.
Contracts involving tangible client services provided by nonprofit
agencies, means congregate meals, home-delivered meals, transportation,
or chore services provided through Area Agency on Aging.
H.
Contracts made with any public body, including, but not limited to,
the sale, lease or loan of any supplies or materials to the County
by a public body, provided that the price shall not be in excess of
that fixed by the public body. A "public body" includes the federal
government, the Commonwealth of Pennsylvania, any other state, a political
subdivision or municipal authority of the commonwealth or any other
state, an agency of the federal government, the commonwealth or any
other state.
I.
Contracts exclusively involving construction management services.
J.
Purchases and contracts involving computer software.
The Commissioners shall have authority to enter into contracts
for equipment and services related to technology and information systems
on the basis of best value procurement. Contracts under best value
procurement shall be made only after the County has solicited proposals
based on performance and outcome specifications developed by the County
and describing the objectives to be met, the tasks to be performed,
the users of the system, system security issues, the time frame for
system implementation, potential operating technologies, compatibility
with existing systems, training and maintenance and shall indicate
the process by which the contract shall be awarded. Best value procurement
shall not require a sealed bid process and shall permit negotiation
of the terms of the agreement with any responsive and responsible
vendor.
When work is needed to renovate, repair or construct any public
building and the entire cost of such work exceeds the statutory base
amount, the contract/bid shall contain separate specifications for:
1) plumbing, 2) heating, ventilating and air conditioning, 3) electrical
work, 4) elevators and escalators, and 5) one complete set of specifications
for all work not otherwise specified.
Every contract, regardless of the need for bidding or quotations
or whether it is exempt from bidding requirements must comply with
the provisions of the following laws as is applicable: the Pennsylvania
Prevailing Wage Act;[1] the Public Works Contractors' Bond Law of 1967;[2] the Public Contract Bid Withdrawal Law;[3] the Steel Products Procurement Act;[4] the Contractor and Subcontractor Payment Act;[5] the Antibid-Rigging Act;[6] the Motor Vehicle Procurement Act[7] and the Public Works Employment Verification Act,[8] as well as any other laws regarding contracts.
[2]
Editor's Note: See 8 P.S. § 191 et seq.
[3]
Editor's Note: See 73 P.S. § 1601 et seq.
[4]
Editor's Note: See 73 P.S. § 1881 et seq.
[5]
Editor's Note: See 73 P.S. § 501 et seq.
[6]
Editor's Note: See 62 Pa.C.S.A. § 4501 et seq.
[7]
Editor's Note: See 62 Pa.C.S.A. § 3731 et seq.
[8]
Editor's Note: See 43 P.S. § 167.1 et seq.
No person, consultant, firm or corporation contracting with
the County for personal or professional services shall share with
any County officer or employee and no County officer or employee shall
accept any portion of compensation or fees paid by the County for
the contracted services except under the following terms or conditions:
A.
Full disclosure of all relevant information regarding the sharing
of the compensation or fees shall be made to the Board of Commissioners.
B.
The Board of Commissioners must approve the sharing of any fee or
compensation for personal or professional services prior to the performance
of said services.
C.
No fee or compensation for personal or professional services may
be shared except for work actually performed.
D.
No shared fee or compensation for personal or professional services
may be paid at a rate in excess of that commensurate for similar personal
or professional services.
Nothwithstanding any other ordinance, rule or regulation, no
special counsel fees shall be paid by the county for the prosecution
or defense of any prosecution hereunder, unless the County Commissioners,
after a thorough investigation of the facts of the matter, shall specifically
provide otherwise. Such special counsel shall be appointed by approval
of the County Commissioners and such list shall be submitted and approved
by the President Judge by petition to the Court.
All purchases shall comply with the current York County Purchase
Manual, which is updated on a yearly basis by the York County Purchasing
Department.
