[Amended 8-4-1980 by Ord. No. 957; 12-21-1987 by Ord. No. 1099; 2-5-1990 by Ord. No. 1163; 3-1-1993 by Ord. No. 1239; 4-3-2000 by Ord. No.
1411; 5-6-2002 by Ord. No. 1454; 1-7-2008 by Ord. No. 1596; 5-3-2010 by Ord. No. 1643; 12-1-2014 by Ord. No. 1727; 3-5-2018 by Ord. No. 1785; 2-3-2020 by Ord. No.
1819]
A.Â
All contracts of the Borough involving sums in excess of twenty-five
thousand, three hundred twenty-one and 00/100 dollars ($25,321.00),
and all contracts for the purchase, sale, leasing or use of real estate
in any amount, shall be in writing and shall be executed on behalf
of the Borough by the President of Council or, in his absence, the
Vice President of Council. Unless otherwise provided by ordinance, the Borough Manager may execute
contracts on behalf of the Borough involving sums of less than twenty-five
thousand, three hundred twenty-one and 00/100 dollars ($25,321.00)
made pursuant to authorization contained in the budget. Authorization
for contracts for the construction of public capital improvements
shall be given by ordinance. Any official or officer required to execute
a written contract may request the Borough Solicitor to approve the
same as to form.
B.Â
The twenty-five thousand, three hundred twenty-one and 00/100 dollars
($25,321.00) may be changed by the affirmative vote of five (5) members
of Council, provided the amended amount does not exceed 1/4 of 1%
of the current total Borough budget.
Except as otherwise provided in this Charter, no contract for
supplies, material, labor, franchise, or other valuable consideration,
to be furnished to or by the Borough, shall be authorized on behalf
of the Borough except with the best responsible bidder after competitive
bidding. In determining the best responsible bidder, Council may take
into consideration such other factors as availability, cost, quality
and previous experience of the Borough with the bidder.
The Council shall, by ordinance, establish a system of competitive
bidding, including such definitions, publication requirements, deposit
and bond requirements, conditions, terms, rules, regulations, waivers,
and exceptions as it shall from time to time deem advisable.
[Amended 8-4-1980 by Ord. No. 957; 12-21-1987 by Ord. No. 1099; 2-5-1990 by Ord. No. 1163; 3-1-1993 by Ord. No. 1239; 4-3-2000 by Ord. No.
1411; 5-6-2002 by Ord. No. 1454]
A.Â
Competitive bidding shall not be required under this Charter for:
(1)Â
Labor or services rendered by any Borough officer or employee.
(2)Â
Labor, material, supplies or services furnished by one Borough department
to another Borough department.
(3)Â
Contracts for labor, material, supplies, or services available from
only one vendor.
(4)Â
Contracts for labor, material, supplies, or services aggregating
less than twenty-five thousand, three hundred twenty-one and 00/100
dollars ($25,321.00) for the item in the year supplied.
[Amended 1-7-2008 by Ord.
No. 1596; 5-3-2010 by Ord. No. 1643; 12-1-2014 by Ord. No. 1727; 3-5-2018 by Ord. No. 1785; 2-3-2020 by Ord. No. 1819]
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The twenty-five thousand, three hundred twenty-one and 00/100
dollars ($25,321.00 may be changed by the affirmative vote of five
(5) members of Council, provided the amended amount does not exceed
1/4 of 1% of the current total Borough budget.
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(5)Â
Contracts relating to the acquisition or use of real property.
(6)Â
Contracts for professional or unique services.
(7)Â
Contracts for insurance and surety company bonds.
(8)Â
Contracts for emergency repair of public works of the Borough.
(9)Â
Contracts with other governmental entities, authorities, agencies,
or political subdivisions.
The term of contracts for the purchase of supplies shall not
exceed two (2) years.
The Borough shall have no authority to grant to others, by franchise,
contract or otherwise, its power and right of eminent domain.
No Mayor, member of Council, nor any other Borough officer,
appointee or employee, shall solicit, benefit by, or be financially
interested in, to any appreciable degree, directly or indirectly,
any contract with the Borough in excess of five hundred dollars ($500.00)
in any one (1) year, except the contract for the services for which
he was specifically retained.
No liability shall be enforceable against the Borough by any
action at law, in equity, or otherwise, upon any unauthorized or illegal
contract; provided, however, that Council may by ordinance authorize
payment for materials furnished or services rendered in reliance on
contracts made by municipal officials, officers and agents without
authority or in excess of authority when the contract is one which
the Borough could have authorized.
