(a) Except in the case of an actual emergency declared and stated by the Mayor in writing to Council, the Business Administrator shall not purchase, lease, lease to purchase, rent or otherwise acquire a right to use of goods, properties, or services for or on behalf of the City, except as hereafter provided, involving an expenditure of more than ten thousand dollars ($10,000), except under written contract entered into after competitive bidding on such purchase following advertisement two times, on different days, in a newspaper of general circulation in the City and posting notice of the advertisement in City Hall. All such contracts shall be awarded to the lowest responsible bidder, but the City shall be deemed to reserve the right to accept or reject any and all bids in connection with any such contract. Any contract that involves an expense exceeding the average annual payment of an amount equal to .0010 (.10%) of the total projected General Fund appropriation shall not be undertaken or proceeded upon except after reference thereof to Council and approved by Council by ordinance or resolution. Each year after the Council gives final approval to the General Fund appropriation, the Business Administrator shall calculate and report to Council the specific amount equal to .0010 of that appropriation. The Controller shall file all signed contracts within his or her office. The Business Administrator shall receive a copy of each contract within 10 days of it being signed. The Controller shall present a written report monthly to the Council of all contracts signed during the prior month. (Ord. 10- 2006. Passed 3-7-06.)
(b) The following purchases or contracts shall not require advertising or bidding as set forth in subsection (a) hereof:
(1) Those for maintenance, repairs or replacements for water, electric light or other public works of the City, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by Council as in other cases or work done;
(2) Those made for improvements, repairs and maintenance of any kind made or provided by any City through its own employees: provided, however, that this shall not apply to construction materials used in street improvements;
(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof, are desired by Council, which are patented and manufactured or copyrighted products;
(4) Those involving any policies of insurance or surety company bonds; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission, those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal government, any agency of the Commonwealth or the Federal government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal government or their agencies; or
(5) Those involving personal or professional services.
(c) Except in the case of an actual emergency declared and stated by the Mayor in writing to Council at its next meeting following the declaration, notwithstanding other provisions of this section, Council must approve the purchase of, lease of, lease to purchase of, rent of, or any other acquisition of a right by the City to the use of all motor vehicles for the City.
(d) All other matters pertaining to the advertisement, bidding and award of contracts for the purchase of goods, properties or service not otherwise subject to this section shall be determined in accordance with rules and regulations for the operation of the centralized purchasing system to be drawn and promulgated by the Business Administrator with the approval of the Mayor. The Mayor and the Business Administrator shall report all such rules and regulations to the Council at the next meeting after their approval. Such rules and regulations shall provide for the protection of the City in such cases:
(1) By requiring proper security to be submitted with the bid proposal only when required by the Business Administrator. This security may be in the form of a bid bond, certified check, cashier’s check, cash or a letter of credit. The security shall be in the amount of ten percent (10%) of the amount of the bid proposal. Security shall be forfeited for nonperformance;
(2) By requiring further security in the form of a performance bond with contracts for “public works” in excess of ten thousand dollars ($10,000). Performance bonds shall be in the amount of one hundred percent (100%) of the cost of the contract. Contracts for materials, supplies, motor vehicles and equipment shall not need the performance bond, unless the nature of such contract is such that the Business Administrator deems it necessary to require such bond. The City reserves the right to request any bond deemed necessary to insure the completion of the contract. In lieu of a bond, the City may accept a certified check, cashier’s check or an irrevocable letter of credit. “Public works” contracts include any contract for construction or maintenance. Excluded would be purchases of materials, supplies, motor vehicles and equipment. If installation of a purchased product is considered an important part of the contract, it should be considered a “public works” contract. “Liquid fuels” purchases require a fifty percent (50%) performance bond.
(3) By requiring a bond for the protection of persons furnishing materials to or supplying or performing labor for the City in the carrying out of “public works” contracts in the amount of fifty percent (50%) of the value of the contract for contracts between one thousand five hundred dollars ($1,500) and five thousand dollars ($5,000). For “public works” contracts in excess of five thousand dollars ($5,000), a one hundred percent (100%) bond shall be required. This security, also known as a payment bond, may be in the form of a certified check, cashier’s check or irrevocable letter of credit.
(4) By requiring, whenever the contract involves the employment of labor, that the contractor will accept, with respect to the work involved, the provisions of the Pennsylvania Workmen’s Compensation Act and will either insure his liability thereunder or file a certificate of exemption from such insurance from the Pennsylvania Department of Labor and Industry;
(5) By requiring, whenever the contract involves the employment of labor, that the contractor or any subcontractor will not discriminate on account of race, color, religious creed, national origin, ancestry, age, familial status, sex, sexual orientation, or disability in his hiring of employees for the performance of work under the contract; and
(6) By including such specifications as are required by the "Pennsylvania Prevailing Wage Act", Act of August 15, 1961, P.L. 987 with regard to the payment of wages to workmen employed in the performance of the contract.
(7) By requiring all contracts to comply with the provisions of Article 136 "Small and Disadvantaged Business Enterprise Program".
(Ord. 13-2002. Passed 5-7-02.)
(e) Original copies of all fully executed bonds, notes, contracts and written obligations of the City shall be filed in the Offices of the York City Solicitor, York City Controller, and York City Clerk. (Res. 67-2002. Passed 5-7-02.)