[Amended 7-23-1991 by Ord. No. 1012]
All contracts of the Borough involving sums in excess of the
recommended current state statutes 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 the recommended
current state statutes 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.
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.
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 for labor, material, supplies or services available from
only one vendor.
D.
State statutes will prevail in contracts for labor, material, supplies
or services for the item in the year supplied.
[Amended 7-23-1991 by Ord. No. 1012]
E.
Contracts relating to the acquisition or use of real property.
F.
Contracts for professional or unique services.
G.
Contracts for 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.
[Amended 7-23-1991 by Ord. No. 1012]
The term of contracts for the purchase of supplies shall not
exceed two years, unless extenuating circumstances may indicate a
longer term approved by vote of Council.
The Borough shall have no authority to grant to others, by franchise,
contract or otherwise, its power and right of eminent domain.
No Mayor or 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 $500 in any one year, except
the contract for the services for which he was specifically retained.
A.
No liability shall be enforceable against the Borough by any action
at law, in equity or otherwise, upon any unauthorized or illegal contract;
B.
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.
