All contracts of the Borough involving sums in excess of the
minimum amount (to be established in the manner set forth in § 1808)
shall be in writing and shall be executed on behalf of the Borough
by the President of Council or, in his absence, by 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, the Director of Administrative
Services may execute contracts on behalf of the Borough involving
sums of less than the minimum amount pursuant to budget or other prior
authorization. Authorization for contracts for the construction of
public capital improvements shall be given by ordinance. Any person
required to execute a written contract on behalf of the Borough may
request the Borough Solicitor to approve the same as to form.
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 responsible bidder after competitive
bidding.
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:
1.
Labor or services rendered by any officer of the Borough or Borough
employee.
2.
Labor, material, supplies or services furnished by one Borough department
to another Borough department.
3.
Contracts for labor, material, supplies or services available from
only one vendor.
4.
Contracts for labor, material, supplies or service aggregating less
than the minimum amount for the item in the year supplied.
5.
Contracts relating to the acquisition or use of real property.
6.
Contracts for professional or unique services.
7.
Contracts for emergency repair of public works of the Borough.
8.
Contracts with other governmental entities, authorities, agencies,
or political subdivision.
The Borough shall have no authority to grant to others, by franchise,
contract or otherwise, its power and right of eminent domain.
Neither a Councilman, nor any other officer of the Borough or
Borough employee, shall solicit, benefit by, or be financially interested,
directly or indirectly, to any appreciable degree in any contract
for the purchase of property or services (except, in the case of a
Borough employee, for the services for which he is specifically retained)
to be paid from the Borough treasury.
The Borough may not in advertising for or awarding any contract,
regardless of amount, discriminate against or give preference to any
person, business, organization or group on the basis of age, sex,
race, religion, political affiliation or ethnic origin.
The minimum amount shall be $4,000 in the year 1976. Thereafter,
the minimum amount for each succeeding year shall be determined by
the Borough Solicitor during February of such year in the following
manner: The minimum amount of the previous year shall be increased
or decreased during each succeeding year by the amount of inflation
or deflation that has taken place in the preceding year. Such increase
or decrease shall take effect on March 1 of such succeeding year.
The index for determining the amount of inflation or deflation shall
be the Consumer Price Index for Urban Wage Earners and Clerical Workers
(including single workers) published by the Bureau of Labor Statistics,
United States Department of Labor (1957-59 = 100) or, if the said
Consumer Price Index be discontinued, then such consumer price index
as the Borough Solicitor shall determine is the generally recognized
successor thereto.
