SENATE AMENDED

 

PRIOR PRINTER'S NOS. 243, 1436, 2427, 2551

PRINTER'S NO.  2626

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

290

Session of

2011

  

  

INTRODUCED BY M. K. KELLER, AUMENT, BAKER, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVERETT, FARRY, FLECK, GABLER, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HALUSKA, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, MILLARD, MILLER, MOUL, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, REICHLEY, ROAE, ROCK, ROSS, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TRUITT, TURZAI, VEREB, VULAKOVICH, WATSON AND F. KELLER, JANUARY 27, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 24, 2011   

  

  

  

AN ACT

  

1

Amending the act of July 28, 1953 (P.L.723, No.230), entitled,

2

as amended, "An act relating to counties of the second class

3

and second class A; amending, revising, consolidating and

4

changing the laws relating thereto," in preliminary

5

provisions, providing for adjustments based on Consumer Price

6

Index relating to contracts and purchases; in sheriff and

<--

7

coroner, further providing for chief deputy, for deputies and

<--

8

clerks, for public list of applicants for deputy sheriff and

9

providing for chief deputy in counties of the second class,

<--

10

for deputies and clerks in counties of the second class and

11

for public list of applicants for deputy sheriff in counties

12

of the second class; and further providing for sheriff's

13

employees and counties of the second class; in contracts,

14

further regulating contracts and purchases; and, in grounds, 

<--

15

property and buildings, further providing for separate 

<--

16

specifications and contracts for certain items; and, in

17

sports and exhibition authority, further providing for 

18

competition in award of contracts.

19

The General Assembly of the Commonwealth of Pennsylvania

20

hereby enacts as follows:

 


1

Section 1.  The act of July 28, 1953 (P.L.723, No.230), known

<--

2

as the Second Class County Code, is amended by adding a section

3

to read:

4

Section 112.  Adjustments Based on Change in Consumer Price

5

Index.--(a)  Adjustments to the base amounts specified under

6

sections 2001(a) and (d), 2517(a) and 2511-A(a), (b), (b.1) and

7

(h) shall be made as follows:

8

(1)  The Department of Labor and Industry shall determine the

9

percentage change in the All Items Consumer Price Index for All

10

Urban Consumers (CPI-U) for the United States City Average as

11

published by the United States Department of Labor, Bureau of

12

Labor Statistics for the twelve-month period ending September 30

13

of the calendar year in which this subsection becomes effective,

14

and for each successive twelve-month period thereafter.

15

(2)  If the department determines that there is no positive

16

percentage change, then no adjustment to the base amounts shall

17

occur for the relevant time period provided for in this

18

subsection.

19

(3)  (i)  If the department determines that there is a

20

positive percentage change in the first year that the

21

determination is made under paragraph (1), the positive

22

percentage change shall be multiplied by each base amount and

23

the products shall be added to the base amounts, respectively,

24

and the sums shall be preliminary adjusted amounts.

25

(ii)  The preliminary adjusted amounts shall be rounded to

26

the nearest one thousand dollars ($1,000), to determine the

27

final adjusted base amounts for purposes of sections 2001(a) and

28

(d), 2517(a) and 2511-A(a), (b), (b.1) and (h).

29

(4)  In each successive year in which there is a positive

30

percentage change in the CPI-U for the United States City

- 2 -

 


1

Average, the positive percentage change shall be multiplied by

2

the most recent preliminary adjusted amounts and the products

3

shall be added to the most recent preliminary adjusted amounts,

4

respectively. The sums thereof shall be rounded to the nearest

5

one thousand dollars ($1,000) to determine the new final

6

adjusted base amounts for purposes of sections 2001(a) and (d),

7

2517(a) and 2511-A(a), (b), (b.1) and (h).

8

(5)  The determinations and adjustments required under this

9

subsection shall be made in the period between October 1 and

10

November 15 of the year following the effective date of this

11

subsection, and annually between October 1 and November 15 of

12

each year thereafter.

13

(6)  The final adjusted base amounts and new final adjusted

14

base amounts obtained under paragraphs (3) and (4) shall become

15

effective January 1 for the calendar year following the year in

16

which the determination required under paragraph (1) is made.

17

(7)  The department shall publish notice in the Pennsylvania

18

Bulletin prior to January 1 of each calendar year of the annual

19

percentage change determined under paragraph (1) and the

20

unadjusted or final adjusted base amounts determined under

21

paragraphs (3) and (4) for purposes of sections 2001(a) and (d),

22

2517(a) and 2511-A(a), (b), (b.1) and (h), respectively, for the

23

calendar year beginning the first day of January after

24

publication of the notice. The notice shall include a written

25

and illustrative explanation of the calculations performed by

26

the department in establishing the unadjusted or final adjusted

27

base amounts under this subsection for the ensuing calendar

28

year.

29

(b)  (Reserved).

30

Section 2.  Section 2001(a) and (d) of the act, amended

- 3 -

 


1

November 30, 2004 (P.L.1439, No.186), are amended to read:

2

Section 2001.  County Commissioners to Make Contracts.-The

3

County Commissioners may make contracts for lawful purposes and

4

for the purposes of carrying into execution the provisions of

5

this section and the laws of the Commonwealth.

6

(a)  Except as provided in subsection (a.1), all contracts or

7

purchases in excess of [ten thousand dollars ($10,000)] the base

8

amount of twenty-five thousand dollars ($25,000), subject to

9

annual adjustment under section 112, shall be in writing and,

10

except those hereinafter mentioned and except as provided by the

11

act of October 27, 1979 (P.L.241, No.78), entitled "An act

12

authorizing political subdivisions, municipality authorities and

13

transportation authorities to enter into contracts for the

14

purchase of goods and the sale of real and personal property

15

where no bids are received," shall not be made except with and

16

from the lowest responsible and responsive bidder meeting

17

specifications, after due notice in at least one newspaper of

18

general circulation, published or circulating in the county at

19

least two (2) times, at intervals of not less than three (3)

20

days where daily newspapers of general circulation are employed

21

for such publication, or in case weekly newspapers are employed,

22

then the notice shall be published once a week for two (2)

23

successive weeks. The first advertisement shall be published not

24

less than ten (10) days prior to the date fixed for the opening

25

of bids.

26

* * *

27

(d)  The contracts or purchases made by the commissioners

28

involving an expenditure [of over ten thousand dollars

29

($10,000)] in the excess of the base amount of twenty-five

30

thousand dollars ($25,000), subject to annual adjustment under

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1

section 112, which shall not require advertising or bidding as

2

hereinbefore provided are as follows:

3

(1)  Those for maintenance, repairs or replacements for

4

water, electric light, or other public works: Provided, That

5

they do not constitute new additions, extensions or enlargements

6

of existing facilities and equipment. Security may be required

7

by the county commissioners as in other cases of work done.

8

(2)  Those made for improvements, repairs and maintenance of

9

any kind made or provided by the county through its own

10

employes. This paragraph shall not apply to construction

11

materials used in a street improvement.

12

(3)  Those where particular types, models or pieces of new

13

equipment, articles, apparatus, appliances, vehicles or parts

14

thereof are desired by the county commissioners, which are

15

patented and manufactured products or copyrighted products.

16

(4)  Those involving any policies of insurance or surety

17

company bonds, those made for public utility service and

18

electricity, natural gas or telecommunication services:

19

Provided, That, in the case of utilities not under tariffs on

20

file with the Pennsylvania Public Utility Commission, contracts

21

made without advertising and bidding shall be made only after

22

receiving written or telephonic price quotations from at least

23

three (3) qualified and responsible contractors, or in lieu of

24

price quotations a memorandum shall be kept on file showing that

25

fewer than three (3) qualified contractors exist in the market

26

area within which it is practicable to obtain quotations. A

27

written record of telephonic price quotations shall be made and

28

contain at least the date of the quotation, the name of the

29

contractor and the contractor's representative.

30

(5)  Those involving personal or professional services,

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1

including, but not limited to, services of members of the

2

medical or legal profession, registered architects, engineers,

3

certified public accountants or other personal services

4

involving professional expertise.

5

(6)  Those involving tangible client services provided by

6

nonprofit agencies. For the purposes of this clause, the term

7

"tangible client services" shall mean congregate meals, home-

8

delivered meals, transportation and chore services provided

9

through area agencies on aging.

10

(6.1)  Those involving contracts entered into by nonprofit

11

cooperative hospital service associations for hospitals and

12

nursing homes which are part of the institutional district or

13

which are owned by the county, operated by the county or

14

affiliated with the county by the purchasing of or participating

15

in contracts for materials, supplies and equipment.

16

(7)  Those involving the purchase of milk.

17

(8)  Those made with any public body, including, but not

18

limited to, the sale, lease or loan of any supplies or materials

19

to the county by a public body, provided that the price thereof

20

shall not be in excess of that fixed by the public body. The

21

requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to

22

intergovernmental cooperation) shall not apply when a county

23

purchases cooperatively with another public body which has

24

entered into a contract for supplies or materials. As used in

25

this paragraph, "public body" shall mean any of the following:

26

(i)  the Federal Government;

27

(ii)  the Commonwealth of Pennsylvania;

28

(iii)  any other state;

29

(iv)  a political subdivision, local or municipal authority

30

or other similar local entity of the Commonwealth or any other

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1

state; or

2

(v)  an agency of the Federal Government, the Commonwealth or

3

any other state.

4

(9)  Those exclusively involving construction management

5

services.

6

(10)  Those involving computer software.

7

* * *

8

Section 3.  Section 2517(a) of the act, amended December 9,

9

2002 (P.L.1383, No.170), is amended to read:

10

Section 2517.  Separate Specifications and Contracts for

11

Certain Items.-(a)  In the preparation of specifications for the

12

erection, construction and alteration of any public building,

13

when the entire cost of such work shall exceed [ten thousand

14

dollars ($10,000)] the base amount of twenty-five thousand

15

dollars ($25,000), subject to annual adjustment under section

16

112, the architect, engineer or other person preparing such

17

specifications shall prepare separate specifications for the

18

plumbing, heating, ventilating and electrical work. The board of

19

commissioners shall receive separate bids upon each of the said

20

branches of work and award the contract for the same to the

21

lowest responsible bidder for each of said branches.

22

* * *

23

Section 4.  Section 2511-A(a), (b), (b.1) and (h) of the act,

24

added October 30, 2000 (P.L.616, No.85), are amended to read:

25

Section 2511-A.  Competition in Award of Contracts.--(a)  All

26

construction, reconstruction, repairs or work of any nature made

27

by any Authority, where the entire cost, value or amount of such

28

construction, reconstruction, repairs or work, including labor

29

and materials, shall exceed [ten thousand dollars ($10,000)] the

30

base amount of twenty-five thousand dollars ($25,000), subject

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1

to annual adjustment under section 112, except construction,

2

reconstruction, repairs or work done by employes of said

3

Authority or by labor supplied under agreement with any Federal

4

or State agency with supplies and materials purchased, as

5

hereinafter provided, shall be done only under contract or

6

contracts to be entered into by the Authority with the lowest

7

responsible bidder upon proper terms, after due public notice

8

has been given asking for competitive bids hereinafter provided.

9

No contract shall be entered into for construction or

10

improvement or repair of any project or portion thereof unless

11

the contractor shall give an undertaking, with a sufficient

12

surety or sureties approved by the Authority and in an amount

13

fixed by the Authority, for the faithful performance of the

14

contract. All such contracts shall provide, among other things,

15

that the person or corporation entering into such contract with

16

the Authority will pay for all materials furnished and services

17

rendered for the performance of the contract and that any person

18

or corporation furnishing such materials or rendering such

19

services may maintain an action to recover for the same against

20

the obligor in the undertaking as though such person or

21

corporation was named therein, provided the action is brought

22

within one (1) year after the time the cause of action accrued.

23

Nothing in this section shall be construed to limit the power of

24

the Authority to construct, repair or improve any project or

25

portion thereof or any addition, betterment or extension thereto

26

directly by the officers, agents and employes of the Authority

27

or otherwise than by contract.

28

(b)  All supplies and materials costing [ten thousand dollars

29

($10,000)] the base amount of twenty-five thousand dollars

30

($25,000), subject to annual adjustment under section 112, or

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1

more shall be purchased only after due advertisement as

2

hereinafter provided. The Authority shall accept the lowest bid

3

or bids, kinds, quality and material being equal, but the

4

Authority shall have the right to reject any or all bids or

5

select a single item from any bid. The provisions as to bidding

6

shall not apply to the purchase of patented and manufactured

7

products offered for sale in a non-competitive market or solely

8

by a manufacturer's authorized dealer.

9

(b.1)  Written or telephonic price quotations from at least

10

three (3) qualified and responsible contractors shall be

11

requested for all contracts that exceed [four thousand dollars

12

($4,000)] the base amount of ten thousand dollars ($10,000),

13

subject to annual adjustment under section 112, but are less

14

than the amount requiring advertisement and competitive bidding,

15

or, in lieu of price quotations, a memorandum shall be kept on

16

file showing that fewer than three (3) qualified contractors

17

exist in the market area within which it is practicable to

18

obtain quotations. A written record of telephonic price

19

quotations shall be made and shall contain at least the date of

20

the quotation, the name of the contractor and the contractor's

21

representative, the construction, reconstruction, repair,

22

maintenance or work which was the subject of the quotation and

23

the price. Written price quotations, written records of

24

telephonic price quotations and memoranda shall be retained for

25

a period of three (3) years.

26

* * *

27

(h)  An Authority shall not evade the provisions of this

28

section as to advertising for bids or purchasing materials or

29

contracting for services piecemeal for the purpose of obtaining

30

prices under [ten thousand dollars ($10,000)] the base amount of

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1

twenty-five thousand dollars ($25,000), subject to annual

2

adjustment under section 112, upon transactions which should, in

3

the exercise of reasonable discretion and prudence, be conducted

4

as one transaction amounting to more than [ten thousand dollars

5

($10,000)] the base amount of twenty-five thousand dollars

6

($25,000), subject to annual adjustment under section 112. This

7

provision is intended to make unlawful the practice of evading

8

advertising requirements by making a series of purchases or

9

contracts each for less than the advertising requirement price

10

or by making several simultaneous purchases or contracts each

11

below said price when in either case the transaction involved

12

should have been made as one transaction for one price.

13

* * *

14

Section 5.  This act shall apply to contracts and purchases

15

advertised on or after January 1 of the year following the

16

effective date of this section.

17

Section 6.  This act shall take effect immediately.

18

Section 1.  The act of July 28, 1953 (P.L.723, No.230), known

<--

19

as the Second Class County Code, is amended by adding a section 

<--

20

sections to read:

<--

21

Section 112.  Adjustments Based on Consumer Price Index.--(a)  

22

Adjustments to the base amounts shall be made as follows:

23

(1)  The Department of Labor and Industry shall determine the

24

percentage change in the All Items Consumer Price Index for All

25

Urban Consumers (CPI-U) for the United States City Average as

26

published by the United States Department of Labor, Bureau of

27

Labor Statistics for the twelve-month period ending September

28

30, 2012, and for each successive twelve-month period

29

thereafter.

30

(2)  If the department determines that there is no positive

- 10 -

 


1

percentage change, then no adjustment to the base amounts shall

2

occur for the relevant time period provided for in this

3

subsection.

4

(3)  (i)  If the department determines that there is a

5

positive percentage change in the first year that the

6

determination is made under paragraph (1), the positive

7

percentage change shall be multiplied by each base amount and

8

the products shall be added to the base amounts, respectively,

9

and the sums shall be preliminary adjusted amounts.

10

(ii)  The preliminary adjusted amounts shall be rounded to

11

the nearest one hundred dollars ($100), to determine the final

12

adjusted base amounts.

13

(4)  In each successive year in which there is a positive

14

percentage change in the CPI-U for the United States City

15

Average, the positive percentage change shall be multiplied by

16

the most recent preliminary adjusted amounts and the products

17

shall be added to the preliminary adjusted amount of the prior

18

year to calculate the preliminary adjusted amounts for the

19

current year. The sums thereof shall be rounded to the nearest

20

one hundred dollars ($100) to determine the new final adjusted

21

base amounts.

22

(5)  The determinations and adjustments required under this

23

subsection shall be made in the period between October 1 and

24

November 15 of the year following the effective date of this

25

subsection, and annually between October 1 and November 15 of

26

each year thereafter.

27

(6)  The final adjusted base amounts and new final adjusted

28

base amounts obtained under paragraphs (3) and (4) shall become

29

effective January 1 for the calendar year following the year in

30

which the determination required under paragraph (1) is made.

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1

(7)  The department shall publish notice in the Pennsylvania

2

Bulletin prior to January 1 of each calendar year of the annual

3

percentage change determined under paragraph (1) and the

4

unadjusted or final adjusted base amounts determined under

5

paragraphs (3) and (4) at which competitive bidding or written

6

or telephonic price quotations are required for the calendar

7

year beginning the first day of January after publication of the

8

notice. The notice shall include a written and illustrative

9

explanation of the calculations performed by the department in

10

establishing the unadjusted or final adjusted base amounts under

11

this subsection for the ensuing calendar year.

12

(8)  The annual increase in the preliminary adjusted base

13

amounts obtained under paragraphs (3) and (4) shall not exceed

14

three per cent.

15

Section 2.  Sections 1203, 1205 and 1209 of the act are

<--

16

amended to read:

17

Section 1203.  Chief Deputy.--The sheriff of the county shall

18

appoint in accordance with section 1216, by commission duly

19

recorded in the [office for recording deeds] department of real

20

estate, a chief deputy, whose appointment shall be revocable by

21

the sheriff at pleasure on recording in said [office] department 

22

a signed revocation thereof. The chief deputy, during his

23

continuance in office, shall have full power and authority to

24

perform any duty incumbent upon such sheriff with like effect in

25

law as if such official act had been done by the sheriff in

26

person, regardless of the ability or temporary disability of

27

such sheriff to act while such sheriff continues in office.

28

Nothing in this section shall operate to relieve such sheriff or

29

his sureties from liability upon their official bond.

30

Section 1205.  Deputies and Clerks.--The sheriff of the

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1

county may appoint in accordance with section 1216 such deputies

2

and clerks as may be necessary to properly transact the business

3

of his office. [He may revoke the appointment of deputies in the

4

same manner as his chief deputy.]

5

Section 1209.  Public List of Applicants for Deputy

6

Sheriff.--The sheriff shall, from time to time, prepare a list

7

of the names of all persons who have applied for appointment as

8

deputy sheriff and who meet the qualifications hereinbefore

9

prescribed. Such list shall be posted in a public place for a

10

period of not less than ten days, and thereafter shall be filed

11

in the [office of the prothonotary] department of court records

12

- civil division. No deputies shall be appointed by the sheriff

13

whose names do not appear on said list.

14

Section 1203.1.  Chief Deputy in Counties of the Second

<--

15

Class.--In counties of the second class, the sheriff of the

16

county shall appoint in accordance with section 1216, by

17

commission duly recorded in the Department of Real Estate, a

18

chief deputy, whose appointment shall be revocable by the

19

sheriff at pleasure on recording in said department a signed

20

revocation thereof. The chief deputy, during his continuance in

21

office, shall have full power and authority to perform any duty

22

incumbent upon such sheriff with like effect in law as if such

23

official act had been done by the sheriff in person, regardless

24

of the ability or temporary disability of such sheriff to act

25

while such sheriff continues in office. Nothing in this section

26

shall operate to relieve such sheriff or his sureties from

27

liability upon their official bond.

28

Section 1205.1.  Deputies and Clerks in Counties of the

29

Second Class.--In counties of the second class, the sheriff of

30

the county may appoint in accordance with section 1216, such

- 13 -

 


1

deputies and clerks as may be necessary to properly transact the

2

business of his office.

3

Section 1209.1.  Public List of Applicants for Deputy Sheriff

4

in Counties of the Second Class.--In counties of the second

5

class, the sheriff shall, from time to time, prepare a list of

6

the names of all persons who have applied for appointment as

7

deputy sheriff and who meet the qualifications hereinbefore

8

prescribed. Such list shall be posted in a public place for a

9

period of not less than ten days, and thereafter shall be filed

10

in the Department of Court Records - civil division. No deputies

11

shall be appointed by the sheriff whose names do not appear on

12

said list.

13

Section 3 2.  Section 1216 of the act, added January 27, 1998

<--

14

(P.L.1, No.1), is amended to read:

15

Section 1216.  Sheriff's Employes, Counties of Second

16

Class.--(a)  Appointment and promotion of deputies and other

17

employes in the office of sheriff of a county of the second

18

class shall be made in the manner provided by the act of May 31,

19

1974 (P.L.296, No.94), entitled "An act providing for the

20

appointment, promotion, reduction in rank, suspension, furlough,

21

discharge and reinstatement of deputy sheriffs in counties of

22

the second class; extending civil service coverage to such

23

deputies; and providing penalties," except as otherwise provided

24

in this section.

25

(b)  Whenever a vacancy is likely to occur or is to be filled

26

in a permanent position in the office of sheriff, the sheriff

27

shall submit to the [civil service commission] department of

28

human resources a statement indicating the position to be

29

filled. The [civil service commission] department of human

30

resources shall thereupon certify to the sheriff the names of

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1

the three eligibles willing to accept appointment who are

2

highest, according to the results of the written examination, on

3

the appropriate promotion list or employment list, whichever is

4

in existence. If there are less than three eligibles on

5

appropriate eligible lists who are willing to accept

6

appointment, the [civil service commission] department of human

7

resources shall certify all the names on these lists. If upon

8

inquiry by the [civil service commission] department of human

9

resources or appropriate authority any person on any promotion

10

or employment list is found to be not available for promotion or

11

appointment, the person's name shall not for the time being be

12

considered among the names from which a promotion or appointment

13

is to be made.

14

(c)  Appointees shall be selected for each existing vacancy

15

from the eligible list in the order of names of the three

16

persons thereon who have received the highest average on the

17

written examination. Examinations shall be administered for

18

positions of the rank of [captain] lieutenant and below, and

19

[appointments shall be made in the order of names of] interviews

20

shall be conducted with the three persons who have received the

21

highest average. Appointments shall be made from among the three

22

persons who received the highest average combined score of the

23

examination and interview.

24

(d)  Civil service examinations to test applicants shall

25

relate to such matters and include such inquiries as will fairly

26

test the merits and fitness of the persons examined to discharge

27

the duties of employment.

28

(e)  Probationary appointments to positions in the force may,

29

notwithstanding section 6 of the act of May 31, 1974 (P.L.296,

30

No.94), be terminated, for cause, prior to completion of the

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1

nine-month probationary period.

2

(f)  Notwithstanding the provisions of section 1(c) of the

3

act of May 31, 1974 (P.L.296, No.94), all positions of the rank

4

of [captain] lieutenant and below shall be classified as

5

competitive, thereby extending civil service coverage to such

6

lieutenants in the applicable bargaining unit. Persons holding

7

positions of [captain] lieutenant or below on the effective date

8

of this section shall continue to occupy those positions but

9

shall fulfill the requirements of any future promotions on and

10

after the effective date of this amendment. New openings for a

11

vacancy in the position of [captain] lieutenant and below shall

12

be classified as competitive on and after the effective date of

13

this section.

14

(g)  In no case shall an applicant for promotion to the

15

position of sergeant in the sheriff's office be considered until

16

the applicant shall have first served three years in the

17

sheriff's [department] office as a deputy sheriff. No member of

18

the sheriff's office shall be eligible to take any promotional

19

examination for the position of sergeant until after serving

20

three (3) years in the sheriff's office as a deputy sheriff. No

21

member of the sheriff's office shall be eligible to take a

22

promotional examination for the position of lieutenant unless

23

the member holds the position of sergeant in the sheriff's

24

office. Each member of the sheriff's [department] office shall

25

have his examination mark or grade increased by an additional

26

one-half point for each year he served in the sheriff's

27

[department] office, but such additional points shall not exceed

28

ten points. Points shall be added to the mark or grade of only

29

those members passing the examination.

30

(h)  All applicants for examination shall undergo a physical

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1

examination which shall be conducted under the supervision of a

2

doctor of medicine. No person shall be eligible for appointment

3

until a doctor certifies to the [commission] department of human

4

resources or appropriate authority that the applicant is free

5

from any [bodily or mental defects, deformity or disease that

6

might incapacitate] physical or mental conditions which would

7

preclude him or her from the discharge of the duties of the

8

position desired in the sheriff's [department] office.

9

Section 2 4 3.  Section 2001(a) and (d) of the act, amended

<--

10

November 30, 2004 (P.L.1439, No.186), are amended to read:

11

Section 2001.  County Commissioners to Make Contracts.--The

12

County Commissioners may make contracts for lawful purposes and

13

for the purposes of carrying into execution the provisions of

14

this section and the laws of the Commonwealth.

15

(a)  Except as provided in subsection (a.1), all contracts or

16

purchases in excess of [ten thousand dollars ($10,000)] the base

17

amount of eighteen thousand five hundred dollars ($18,500),

18

subject to adjustment under section 112, shall be in writing

19

and, except those hereinafter mentioned and except as provided

20

by the act of October 27, 1979 (P.L.241, No.78), entitled "An

21

act authorizing political subdivisions, municipality authorities

22

and transportation authorities to enter into contracts for the

23

purchase of goods and the sale of real and personal property

24

where no bids are received," shall not be made except with and

25

from the lowest responsible and responsive bidder meeting

26

specifications, after due notice in at least one newspaper of

27

general circulation, published or circulating in the county at

28

least two (2) times, at intervals of not less than three (3)

29

days where daily newspapers of general circulation are employed

30

for such publication, or in case weekly newspapers are employed,

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1

then the notice shall be published once a week for two (2)

2

successive weeks. The first advertisement shall be published not

3

less than ten (10) days prior to the date fixed for the opening

4

of bids.

5

* * *

6

(d)  The contracts or purchases made by the commissioners

7

involving an expenditure of over [ten thousand dollars

8

($10,000)] the base amount of eighteen thousand five hundred

9

dollars ($18,500), subject to adjustment under section 112, 

10

which shall not require advertising or bidding as hereinbefore

11

provided are as follows:

12

(1)  Those for maintenance, repairs or replacements for

13

water, electric light, or other public works: Provided, That

14

they do not constitute new additions, extensions or enlargements

15

of existing facilities and equipment. Security may be required

16

by the county commissioners as in other cases of work done.

17

(2)  Those made for improvements, repairs and maintenance of

18

any kind made or provided by the county through its own

19

employes. This paragraph shall not apply to construction

20

materials used in a street improvement.

21

(3)  Those where particular types, models or pieces of new

22

equipment, articles, apparatus, appliances, vehicles or parts

23

thereof are desired by the county commissioners, which are

24

patented and manufactured products or copyrighted products.

25

(4)  Those involving any policies of insurance or surety

26

company bonds, those made for public utility service and

27

electricity, natural gas or telecommunication services:

28

Provided, That, in the case of utilities not under tariffs on

29

file with the Pennsylvania Public Utility Commission, contracts

30

made without advertising and bidding shall be made only after

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1

receiving written or telephonic price quotations from at least

2

three (3) qualified and responsible contractors, or in lieu of

3

price quotations a memorandum shall be kept on file showing that

4

fewer than three (3) qualified contractors exist in the market

5

area within which it is practicable to obtain quotations. A

6

written record of telephonic price quotations shall be made and

7

contain at least the date of the quotation, the name of the

8

contractor and the contractor's representative.

9

(5)  Those involving personal or professional services,

10

including, but not limited to, services of members of the

11

medical or legal profession, registered architects, engineers,

12

certified public accountants or other personal services

13

involving professional expertise.

14

(6)  Those involving tangible client services provided by

15

nonprofit agencies. For the purposes of this clause, the term

16

"tangible client services" shall mean congregate meals, home-

17

delivered meals, transportation and chore services provided

18

through area agencies on aging.

19

(6.1)  Those involving contracts entered into by nonprofit

20

cooperative hospital service associations for hospitals and

21

nursing homes which are part of the institutional district or

22

which are owned by the county, operated by the county or

23

affiliated with the county by the purchasing of or participating

24

in contracts for materials, supplies and equipment.

25

(7)  Those involving the purchase of milk.

26

(8)  Those made with any public body, including, but not

27

limited to, the sale, lease or loan of any supplies or materials

28

to the county by a public body, provided that the price thereof

29

shall not be in excess of that fixed by the public body. The

30

requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to

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1

intergovernmental cooperation) shall not apply when a county

2

purchases cooperatively with another public body which has

3

entered into a contract for supplies or materials. As used in

4

this paragraph, "public body" shall mean any of the following:

5

(i)  the Federal Government;

6

(ii)  the Commonwealth of Pennsylvania;

7

(iii)  any other state;

8

(iv)  a political subdivision, local or municipal authority

9

or other similar local entity of the Commonwealth or any other

10

state; or

11

(v)  an agency of the Federal Government, the Commonwealth or

12

any other state.

13

(9)  Those exclusively involving construction management

14

services.

15

(10)  Those involving computer software.

16

* * *

17

Section 3 5 4.  Section 2517(a) of the act, amended December

<--

18

9, 2002 (P.L.1383, No.170), is amended to read:

19

Section 2517.  Separate Specifications and Contracts for

20

Certain Items.--(a)  In the preparation of specifications for

21

the erection, construction and alteration of any public

22

building, when the entire cost of such work shall exceed [ten

23

thousand dollars ($10,000)] the base amount of eighteen thousand

24

five hundred dollars ($18,500), subject to adjustment under

25

section 112, the architect, engineer or other person preparing

26

such specifications shall prepare separate specifications for

27

the plumbing, heating, ventilating and electrical work. The

28

board of commissioners shall receive separate bids upon each of

29

the said branches of work and award the contract for the same to

30

the lowest responsible bidder for each of said branches.

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1

* * *

2

Section 4 6 5.  Section 2511-A(a), (b), (b.1) and (h) of the

<--

3

act, added October 30, 2000 (P.L.616, No.85), are amended to

4

read:

5

Section 2511-A.  Competition in Award of Contracts.--(a)  All

6

construction, reconstruction, repairs or work of any nature made

7

by any Authority, where the entire cost, value or amount of such

8

construction, reconstruction, repairs or work, including labor

9

and materials, shall exceed [ten thousand dollars ($10,000)] the

10

base amount of eighteen thousand five hundred dollars ($18,500),

11

subject to adjustment under section 112, except construction,

12

reconstruction, repairs or work done by employes of said

13

Authority or by labor supplied under agreement with any Federal

14

or State agency with supplies and materials purchased, as

15

hereinafter provided, shall be done only under contract or

16

contracts to be entered into by the Authority with the lowest

17

responsible bidder upon proper terms, after due public notice

18

has been given asking for competitive bids hereinafter provided.

19

No contract shall be entered into for construction or

20

improvement or repair of any project or portion thereof unless

21

the contractor shall give an undertaking, with a sufficient

22

surety or sureties approved by the Authority and in an amount

23

fixed by the Authority, for the faithful performance of the

24

contract. All such contracts shall provide, among other things,

25

that the person or corporation entering into such contract with

26

the Authority will pay for all materials furnished and services

27

rendered for the performance of the contract and that any person

28

or corporation furnishing such materials or rendering such

29

services may maintain an action to recover for the same against

30

the obligor in the undertaking as though such person or

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1

corporation was named therein, provided the action is brought

2

within one (1) year after the time the cause of action accrued.

3

Nothing in this section shall be construed to limit the power of

4

the Authority to construct, repair or improve any project or

5

portion thereof or any addition, betterment or extension thereto

6

directly by the officers, agents and employes of the Authority

7

or otherwise than by contract.

8

(b)  All supplies and materials costing [ten thousand dollars

9

($10,000)] the base amount of eighteen thousand five hundred

10

dollars ($18,500), subject to adjustment under section 112, or

11

more shall be purchased only after due advertisement as

12

hereinafter provided. The Authority shall accept the lowest bid

13

or bids, kinds, quality and material being equal, but the

14

Authority shall have the right to reject any or all bids or

15

select a single item from any bid. The provisions as to bidding

16

shall not apply to the purchase of patented and manufactured

17

products offered for sale in a non-competitive market or solely

18

by a manufacturer's authorized dealer.

19

(b.1)  Written or telephonic price quotations from at least

20

three (3) qualified and responsible contractors shall be

21

requested for all contracts that exceed [four thousand dollars

22

($4,000)] the base amount of ten thousand dollars ($10,000),

23

subject to adjustment under section 112, but are less than the

24

amount requiring advertisement and competitive bidding, or, in

25

lieu of price quotations, a memorandum shall be kept on file

26

showing that fewer than three (3) qualified contractors exist in

27

the market area within which it is practicable to obtain

28

quotations. A written record of telephonic price quotations

29

shall be made and shall contain at least the date of the

30

quotation, the name of the contractor and the contractor's

- 22 -

 


1

representative, the construction, reconstruction, repair,

2

maintenance or work which was the subject of the quotation and

3

the price. Written price quotations, written records of

4

telephonic price quotations and memoranda shall be retained for

5

a period of three (3) years.

6

* * *

7

(h)  An Authority shall not evade the provisions of this

8

section as to advertising for bids or purchasing materials or

9

contracting for services piecemeal for the purpose of obtaining

10

prices under [ten thousand dollars ($10,000)] the base amount of

11

eighteen thousand five hundred dollars ($18,500), subject to

12

adjustment under section 112, upon transactions which should, in

13

the exercise of reasonable discretion and prudence, be conducted

14

as one transaction amounting to more than [ten thousand dollars

15

($10,000)] the base amount of eighteen thousand five hundred

16

dollars ($18,500), subject to adjustment under section 112. This

17

provision is intended to make unlawful the practice of evading

18

advertising requirements by making a series of purchases or

19

contracts each for less than the advertising requirement price

20

or by making several simultaneous purchases or contracts each

21

below said price when in either case the transaction involved

22

should have been made as one transaction for one price.

23

* * *

24

Section 5 7 6.  This act shall apply to contracts and

<--

25

purchases advertised on or after January 1 of the year following

26

the effective date of this section.

27

Section 6.  This act shall take effect immediately.

<--

28

Section 8 7.  This act shall take effect as follows:

<--

29

(1)  The amendment of sections 1203, 1205, 1209 or

<--

30

addition of sections 1203.1, 1205.1, 1209.1 and 1216 of the

- 23 -

 


1

act shall take effect in 60 days.

2

(2)  The remainder of this act shall take effect

3

immediately.

- 24 -