[Ord. 1, 1/3/1994, § 801; as amended by Ord. 89,
11/16/1998, § 5; and by Ord. 258, 8/2/2010]
Except as otherwise provided in this Part, all contracts or
purchases by the City shall be made only with the lowest responsible
bidder and after advertisement in one newspaper of general circulation
within the City at least two times and at intervals of not less than
three days. The first advertisement shall be published not more than
45 days and the last advertisement not less than 10 days prior to
the date fixed for the opening of bids. Where a contract or purchase
involves an expenditure of $25,000 or more, such contract must be
approved by City Council. All other contracts must be approved by
the City Manager.
[Ord. 1, 1/3/1994, § 802]
The lowest responsible bidder need not in all circumstances
be the bidder submitting the lowest dollar amount bid. The City is
authorized to consider, in addition to the amount bid, such other
relevant factors as quality of goods or services supplied, ease of
repair, compatibility with other City equipment and responsiveness
of the supplier.
[Ord. 1, 1/3/1994, § 803; as amended by Ord. 258,
8/2/2010]
The City shall not be required to advertise for bids in the
following circumstances:
A. The contract or purchase involves an expenditure of under $25,000.
B. Contracts for maintenance, repairs or replacements for public works
of the City not constituting new additions, extensions or enlargements
of existing facilities and equipment.
C. Contracts for improvements, repairs or maintenance of any kind performed
by City employees; provided, that materials in excess of $25,000 used
for such projects shall be subject to the advertising requirements.
D. Contracts where particular types, models or pieces of new equipment,
apparatus, appliances, vehicles or parts thereof are manufactured
products.
E. Contracts for repairs or replacements needed due to a bona fide emergency,
such that compliance with the advertising requirements would create
an unreasonable risk of injury or damage to person or property.
F. Contracts involving any policies of insurance or surety company bonds.
G. Contracts for public utility service under tariffs on file with the
Pennsylvania Public Utility Commission.
H. Contracts made with another political subdivision, county, the Commonwealth
of Pennsylvania, or the federal government, or any agency of the commonwealth
or federal government, or any municipal authority or any cooperative
purchasing program with any state, federal, or other governmental
body.
I. Contracts involving personal or professional services.
[Ord. 259, 8/2/2010]
1. All contracts or purchases by the City involving an expenditure of
at least $10,000 but less than $25,000 shall only be approved after
a reasonable attempt has been made to obtain three written price quotations
thereon.
2. All contracts involving an expenditure equal to or exceeding $25,000
shall not require the aforesaid written price quotations but shall
be subject to the bidding process as provided for hereinabove.
[Ord. 1, 1/3/1994, § 805]
Unless required in the advertisement for bids, no bidder shall
be required to submit a bid bond. Within 20 days after the contract
has been awarded, or within such shorter time as the City may require,
the successful bidder shall submit a performance bond and a labor
and materials bond in such form and amount as is required by law.
The City shall have the right to reject or cancel any bids failing
to meet bond requirements.
[Ord. 1, 1/3/1994, § 806]
No elected or appointed City official shall be interested to
any appreciable degree, either directly or indirectly, in any contract
for the sale or furnishing of any supplies or materials for the use
of the City or for any work to be done for the City involving the
expenditure by the City of more than $300 in any year, except where
such officer or appointee is an employee of the person, firm or corporation
to which the money is to be paid and is employed in a capacity with
no possible influence on the transaction and in which the officer
or appointee cannot be possibly benefited thereby, either financially
or otherwise. If a City Council Member or the Mayor comes within the
exception just mentioned, he shall so inform City Council and shall
refrain from voting on the award of such contract. Any City official
or appointee who knowingly violates the provisions of this section
shall be subject to surcharge to the extent of the damage shown to
be done to the City and shall be guilty of an offense and, upon conviction
thereof, shall be sentenced to pay a fine not exceeding $500.
[Ord. 1, 1/3/1994, § 807; as amended by Ord. 258,
8/2/2010]
The City shall not evade the provisions of this Part requiring
advertising for bids by purchasing or contracting for goods or services
piecemeal for the purpose of obtaining prices under $25,000 upon any
transactions which should, in the exercise of reasonable prudence,
be conducted as one transaction amounting to more than $25,000. Any
Council member who votes for action in violation of this section and
who knows that the transaction upon which he voted is or ought to
be part of a larger transaction and is being divided in order to evade
the advertising requirements shall be jointly and severally subject
to surcharge for 10% of the full amount of the contract or purchase.
[Ord. 1, 1/3/1994, § 808]
No architect or engineer engaged by the City to prepare plans,
specifications or estimates shall bid on or have any interest in any
contractor who bids on any public work project in which such architect
or engineer has been involved; nor shall such architect or engineer
receive any remuneration or gratuity from any such contractor. The
violation of this provision shall render such contract null and void.
[Ord. 1, 1/3/1994, § 809]
No contract for the construction of public capital improvements
shall be made by the City except by resolution or ordinance adopted
by City Council.
[Ord. 1, 1/3/1994, § 810]
All written contracts shall be submitted to the City Solicitor
for approval as to the form of contract before it is executed.
[Ord. 1, 1/3/1994, § 811]
Any contract requiring execution by the City shall be signed
by the Mayor and the Secretary.
[Ord. 1, 1/3/1994, § 812]
Contracts for the purchase of materials and supplies shall not
extend beyond the end of the fiscal year in which such contract is
made. Contracts for the lease or installment purchase of equipment
may extend for a period not exceeding the reasonable useful life,
as determined by City Council, of such equipment.
[Ord. 1, 1/3/1994, § 813]
The City shall not disburse monies for the payment of goods
and services until such goods or services have been received or performed.
[Ord. 1, 1/3/1994, § 814; as added by Ord. 89,
11/16/1998, § 4]
Unless otherwise prohibited by law, the City Manager shall have
the authority to negotiate with any successful bidder for a reduction
in the bid price and for adjustments in the specifications for the
work. Any such adjustments shall be promptly reported in writing to
City Council.
[Ord. 1, 1/3/1994, § 815; as added by Ord. 89,
11/16/1998, § 4]
The City Manager shall have the discretion to sell any City
equipment or goods no longer needed by the City by public or private
sale, as the Manager shall deem appropriate. The sale of any used
equipment or goods having a value in excess of $500 shall be first
approved by City Council. The City Manager shall maintain a written
record of all such sales and shall promptly report thereon to City
Council.