Such elected officials shall, prior to assuming
office, take and sign an oath of office as prescribed by the laws
of the commonwealth. Such oath may be taken and signed before any
Judge, District Justice or Notary Public of the commonwealth, and
no person shall be permitted to assume office until the oath, in written
form, is filed with the Township.
[Amended 10-19-1998 by Ord. No. HR-278]
Before entering upon the duties of their respective
offices or positions, the Manager, Finance Director and any other
officers or employees of the Township as the Board may determine shall
execute and file, with the Township Corporate, surety bonds, conditioned
for the honest and faithful performance of their respective duties,
in such amounts as shall be established by the Board. The Township
Solicitor shall approve in writing all fidelity bonds before they
are accepted by the Board. The agency placing the bonds shall be determined
by the Board, and the premium for the bonds shall be paid by the Township.
[Amended 3-18-1991 by Ord. No. HR-163; 4-20-2009 by Ord. No. HR-376; 2-27-2012 by Ord. No. HR-393]
A.
General.
(1)
All contracts for the purchase of materials, equipment and supplies or for maintenance, repairs or construction in an amount requiring solicitation of quotes under 53 P.S. § 6812(b), as amended, except those excluded from competitive bidding requirements by § C-56C of the Charter, may be made by the Board after solicitation of two or more quotes.
(2)
All contracts for the purchase of materials, equipment and supplies or for maintenance, repairs or construction in an amount requiring competitive bidding under 53 P.S. § 6812(a), as amended, except those excluded from competitive bidding requirements by § C-56C of the Charter, shall be made only to the lowest responsive bidder after receipt of one or more sealed or electronic bids via auction received after notice.
(3)
The Township hereby permits electronic submission and receipt of
bids for competitive bidding for purchases and contracts.
(4)
The Township hereby permits the use of competitive electronic auction
bidding for any contract for supplies or services (but not for construction
or design professional services), subject to the following conditions:
(a)
Any invitations for bids shall be issued and shall include a
procurement description, all contractual terms, and conditions applicable
to the procurement (including a notice that bids will be received
electronically).
(b)
Public notice and advertisement of the invitation for bids shall
be given in the same manner as provided by law for Township contracts.
(c)
For the auction process, bids shall be accepted electronically
at the time and in the manner designated in the invitation for bids.
During the auction, bidders shall have the capability to view their
bid rank and/or the low price. Bidders may reduce their bid during
the auction. At the conclusion of the auction, the record of the bid
prices received and the name of each bidder shall be open to public
inspection.
(d)
After the auction period has terminated, withdrawal of bids
shall be permitted only by the written determination of the Township
when the bidder requests relief and presents credible evidence that
the reason for the lower bid price was a clerical mistake, as opposed
to a judgment mistake, and was actually due to an unintentional, arithmetical
error, or an unintentional omission of a substantial quantity of work,
labor, material or services made directly in the compilation of the
bid. The request for relief and the supporting evidence must be received
by the Township five days after the bid opening.
(e)
The contract shall be awarded within 60 days of the auction
by written notice to the lowest responsible bidder, or all bids shall
be rejected, except as otherwise provided in this section. Extensions
of the date for the award may be made by mutual written consent of
the Township and the lowest responsible bidder.
(5)
When competitive bidding is required, notice shall be published at
least once in one or more newspapers generally circulated in the Township
between seven and 30 days before the date established for opening
of sealed bids or start of electronic auction. Each sealed bid, and
each electronic bid prior to acceptance by the Township, 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 and not less than 10% of the bid. In the case
of any materials, equipment or supplies to be acquired by the Township
by chattel mortgage, bailment lease, conditional sale contract or
other security agreement, the total cost shall be the total amount
payable pursuant thereto throughout the term thereof. In the event
of an emergency interruption of a service supplied by the Township,
the immediate restoration of which is necessary to the health, safety
or welfare of the citizens of the Township, oral or written competitive
bids for the materials, equipment, supplies or services necessary
for such restoration may be received by the Board at any time and
awarded forthwith.
(6)
The award 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 any subsequent
meeting if at least five days' notice thereof shall be published
in a newspaper published or circulating generally in the Township.
(7)
Where quotes or sealed or electronic bids are not required pursuant to Subsection A(1) above, the Board may designate the Manager or other employee as purchasing agent who may, on behalf of the Township, enter into contracts for the purchase of materials, equipment and supplies or for maintenance, repairs or construction. Any such purchasing agent shall be strictly accountable for all purchases which that person makes or authorizes. If the Board elects not to designate a purchasing agent, the Board may nevertheless enter into such contracts.
B.
Bonds for the protection of labor. For contracts awarded after receipt of one or more sealed or electronic bids per Subsection A(2) above, the prime contractor shall furnish to the Township a bond in a sum not less than 100% of the contract amount for the protection of persons supplying labor or material to the prime contractor or to any 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.
C.
Discrimination
in employment. All contracts executed by the Township or officer 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.
D.
Acceptance
by contractor of Worker's Compensation Act. All contracts executed
by the Township or officer thereof, which involve 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,[2] and the 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 Workmen's Compensation
of the Department of Labor and Industry.
[2]
Editor's Note:hy See 77 P.S. § 1 et seq.
A.
All disbursements, except those for petty cash, shall
be by check drawn on the checking accounts of the Township. Each check
shall be signed by the Finance Director or his designees and the Manager
or his designees.
B.
At the regular meeting of the Board in January of
each year, the Manager may submit to the Board an annual bill list
containing listings of regular expenses which the Township is expected
to incur during the upcoming year. These expenses may include, but
not be limited to, such items as payroll, payment over of salary deductions,
electric power, telephone, natural gas, office supplies, fuel and
similar routine operating and maintenance items. Upon a resolution
of approval by the Board, the Manager may authorize payment on invoice
for items in the categories contained on the annual bill list at any
time during the year and after it has been determined that the invoiced
goods and services have been properly received.[1]
[1]
Editor's Note: Former Subsection C, regarding invoices not
contained on the annual bill list, was repealed 2-27-2012 by Ord.
No. HR-393.
A.
General.
The Board may, by resolution, designate the Manager to sell, on behalf
of the Township, excess or unneeded personal property of the Township.
[Amended 2-27-2012 by Ord. No. HR-393]
B.
All
sales of real or personal property estimated to have a value exceeding
$2,000 shall be made only to the highest responsible bidder after
receipt of one or more sealed or electronic bids received after notice.
The bidding process may be that of electronic auction, on a site hosted
by others or by the Township, or sealed bid. The Township Manager
or designee must approve the use of a specific electronic site in
writing. Notice shall be published at least once in one or more newspapers
generally circulated in the Township between seven and 30 days before
the date established for the opening of sealed offers. For sealed
bids, each offer shall be accompanied by a certified check, bank cashier's
or treasurer's check in an amount equal to but not less than
10% of the offer.
[Amended 4-20-2009 by Ord. No. HR-376; 2-27-2012 by Ord. No. HR-393]
C.
The provision above requiring advertised sale to the
highest bidder need not be applied by the Board where Township real
or personal property is to be sold to a municipal authority, a school
district, another municipality, the commonwealth or a nonprofit corporation
engaged in community industrial development. In these cases, the Board
or its designee may negotiate a sale price within guidelines established
by the Board.
Department heads may prepare rules and regulations
governing the operations of their respective departments. Any such
regulations, except for those of the Department of Police, shall be
reviewed by the Manager prior to becoming effective. The Manager shall
maintain a central file of any department rules and regulations which
may be in effect.
A.
The Board shall appoint a Pennsylvania certified public accountant or accounting firm to provide an independent audit of Township receipts, expenditures, accounts and reports as required by § C-59 of the Charter.
B.
The appointment may or may not be determined through
competitive bidding as decided through affirmative action on a motion
of the Board. The appointment shall be determined by a majority of
the Board and the appointment may be on an annual basis or for a period
not exceeding three years. The designation of the CPA or accounting
firm for any particular fiscal year shall be made no later than 30
days after the beginning of that fiscal year.
[Amended 10-19-1998 by Ord. No. HR-278]
A.
Those Township officials and employees so designated
by the Manager shall give individual surety company bonds to the Township
conditioned upon the faithful performance and discharge of their duties.
B.
Any other officer or employee of the Township may
be covered by a public employee's blanket bond, the amount and coverage
to be determined by the Board on the advice of the Manager and the
approval as to form by the Solicitor. The cost of all such blanket
bonds shall be paid by the Township.
[Amended 10-19-1998 by Ord. No. HR-278]
The Board hereby adopts the provisions of the document entitled "Personnel Rules and Regulations, Tredyffrin Township, Chester County," dated January 5, 1976, as the personnel rules which are necessary to the administration of the Township's personnel system and which shall apply to all Township employees except those of the Department of Public Safety, which shall be prepared in accordance with § 4-11B of this code. Any future amendments to these personnel rules and regulations shall be made by resolution of the Board.
[Amended 10-19-1998 by Ord. No. HR-278]
The Board hereby adopts the provisions of the
document entitled "Tredyffrin Township Accounting Manual." This contains
a uniform classification of accounts and codes to be used and followed
in all financial plans, budgets and financial reports. Any future
amendments to the classification of accounts shall be made by resolution
of the Board.
