All contracts of the Borough shall be in writing
and shall be executed on behalf of the Borough by the President of
Council or, in his or her absence, the Vice President of Council.
The President of Council shall also execute all contracts, regardless
of amount, for the purchase, sale, leasing, or use of real estate,
unless otherwise provided by ordinance.
Except as otherwise provided in this Charter,
no contracts 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 lowest qualified responsible
bidder, as determined by Council, after advertisement and competitive
bidding.
The Council may, by ordinance, establish a system
of competitive bidding, including such definitions, publication requirements,
deposit and bond requirements, conditions, term, rules, regulations,
waivers, and exceptions as it shall from time to time deem advisable.
Competitive bidding shall not be required under
this Charter for:
A.
Labor or services rendered by any Borough officer
or employee.
B.
Labor, material, supplies, or services furnished by
one Borough department to another Borough department.
C.
Contracts where particular types, models or prices
of new equipment, articles, apparatus, appliances, vehicles or parts
thereof are desired by Council, which are patented and manufactured
or copyrighted products.
D.
Contracts for labor, materials, supplies or services
aggregating less than $10,000; provided, however, that written or
telephonic price quotations from at least three qualified and responsible
contractors or suppliers shall be requested for all contracts that
exceed $4,000, but are less than the amount requiring advertisement
and competitive bidding or, in lieu of price quotations, a memorandum
shall be kept on file showing that fewer than three qualified contractors
or suppliers exist in the market area within which it is practicable
to obtain quotations. A written record of telephonic price quotations
shall be made and shall contain at least the date of the quotation,
the name of the contractor and the contractor's representative, the
construction, reconstruction, repair, maintenance or work which was
the subject of the quotation and the price. Written price quotations,
written records of telephonic price quotations and memoranda shall
be retained by the Borough for a period of three years. Notwithstanding
the foregoing, should the aforesaid amounts requiring advertisement
and competitive bidding and/or requiring written or telephonic price
quotations be increased or otherwise changed as to boroughs generally
under the Borough Code (Act of February 1, 1966, 1965 P.L. 1656, No.
581,[1] as amended from time to time), or any successor statute,
the foregoing provisions of this Charter shall automatically and without
further amendment increase or otherwise change as of the effective
date of the amendment of the Borough Code so that the limitations
herein imposed upon the Borough shall at all times be the same as
are imposed by the General Assembly upon all boroughs generally.
[1]
Editor's Note: See 53 P.S. § 45101
et seq.
E.
Contracts relating to the acquisition or use of real
property.
F.
Contracts for personal or professional services.
G.
Contracts for policies of insurance and surety company
bonds.
H.
Contracts for emergency repair of public works of
the Borough.
I.
Contracts with other governmental entities, authorities,
agencies, or political subdivisions.
The term of contracts for the purchase of supplies
shall not exceed two years.
The Borough shall have no authority to grant
to others, by franchise, contracts or otherwise, its power and right
of eminent domain.
No member of Council, nor any other Borough
officer or employee, shall solicit, benefit by, or be financially
interested in, directly or indirectly, to any appreciable degree,
any contract for the purpose of property or services (except for the
services for which he or she is specifically retained) to be paid
from the Borough treasury.
