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Township of Whitehall, PA
Lehigh County
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[Amended 12-28-1989 by Ord. No. 1661, approved 5-15-1991]
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
All contracts or purchases of the Township involving sums in excess of those limits as established by the First Class Township Code of the Commonwealth of Pennsylvania shall be in writing and shall be executed on behalf of the Township by the Mayor. The Mayor shall also execute all contracts, regardless of amount, for the purchase, sale, leasing or use of real estate with approval of the Board. Unless otherwise provided by ordinance, the Mayor may execute contracts or make purchases on behalf of the Township which do not require competitive bidding under the terms of the First Class Township Code of the Commonwealth of Pennsylvania. Authorization for contracts for the construction of public capital improvements shall be granted by ordinance regardless of the amount involved. The Mayor, when required to execute a written contract, shall request the Township 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 for the Township, shall be authorized on behalf of the Township except with the lowest responsible bidder after competitive bidding. All specifications shall be written so as to be applicable to more than one supplier.
The Board shall, by ordinance, establish a system for the competitive bidding of contracts and purchases, including such definitions, publication requirements, deposit and bond requirements, conditions, terms, rules, regulations, waivers and exceptions as it shall from time to time deem available.
Competitive bidding shall not be required under this Charter for:
A. 
Labor or services rendered by any Township officer or employee.
B. 
Labor, material, supplies or services furnished by one Township department to another Township department.
C. 
Contracts where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired which are patented and available from only one source.
D. 
Contracts for labor, materials, supplies or services not requiring competitive bids pursuant to the terms of the First Class Township Code of the Commonwealth of Pennsylvania.
E. 
Contracts relating to the acquisition or use of real property.
F. 
Contracts relating to the sale of real or personal property for value less than an amount to be established, from time to time, by the Board of Commissioners.
G. 
Contracts for professional or unique services.
H. 
Contracts for emergency repair of public works of the Township.
I. 
Contracts with other governmental entities, authorities, agencies or political subdivisions.
The term of contracts for the purchase of supplies shall not exceed 1 year.
The Township shall have no authority to grant to others, by franchise, contract or otherwise, its power and right of eminent domain.
No elected or appointed Township official or employee, or any corporation, partnership, association, joint venture or other entity of which he or she is a member, officer, official, partner, stockholder, joint venturer, associate, director, employee or consultant, shall solicit, benefit by or be financially interested, directly or indirectly, in any contract for the purchase of property or services to be paid from the Township treasury. The provisions of this Section shall not apply where such official or employee is an employee of the entity (to which money is to be paid) in a capacity with no possible influence on the transaction and in which he or she cannot possible be benefited thereby, either financially or in any other material manner.
A. 
No elected or appointed official or employee of the Township or any corporation, partnership, joint venture, association or other entity of which he or she is a member, officer, official, joint venturer, partner, stockholder, associate, director, employee or consultant shall represent any person on any matter before the Township, Township Board or any of its agencies or officers.
B. 
No elected or appointed official or employee of the Township shall have any interest as a member, officer, official, joint venturer, partner, stockholder, associate, director, employee or consultant of any corporation, partnership, association, joint venture or other entity which has a matter pending before the Township, Township Board or any of its agencies or officers. The provisions of this § 12.08(B) shall not apply where such official or employee is an employee of the entity (which has the matter pending) in a capacity with no possible influence in the matter and in which he or she cannot be benefited thereby, either financially or in any other material manner.