Title
Proposing an amendment to the Philadelphia Home Rule Charter relating to City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment of the electors of Philadelphia.
Body
WHEREAS, Under Section 6 of the First Class City Home Rule Act (53 P.S. §13106), an amendment to the Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now therefore
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the following amendment to the Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City on an election date designated by ordinance:
ARTICLE II
LEGISLATIVE BRANCH
The Council ─ Its Election,
Organization, Powers and Duties
CHAPTER 3
LEGISLATION
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Section 2-309. Leases and Contracts [for More than One Year].
(1) The Council may by ordinance authorize the leasing of real estate for more than one year and the contracting for personal property to be supplied or for services to be rendered over a period of more than one year without making appropriations therefor beyond the current year. Such leases and contracts shall be valid and binding upon the City although no appropriations have been made for the ensuing years during which the leases and contracts are to be operative; but it shall be the duty of the Council to make subsequent appropriations from year to year to pay amounts coming due under such leases and contracts. The obligation of the City under such leases and contracts shall not be considered to be a part of the indebtedness of the City. For purposes of this Section and Sections 8-200 and 8-201, the following contracts and leases shall be deemed to be for the supply of property or the rendering of services over a period of more than one year or to have a term of more than one year, and therefore require approval by ordinance to be effective and binding on the City:
(a) Any contract or lease that contains a stated term in excess of one year;
(b) Any contract or lease that grants any party or parties thereto the option to extend the term of said contract or lease beyond one year;
(c) Any contract or lease that grants any party or parties thereto the option to renew said contract or lease for an additional term or terms such that the total of the original and any potential renewal terms exceeds one year; or
(d) Any contract or lease that provides that unless one or more parties to the contract give notice of non-extension or non-renewal, the term of the contract or lease will:
(.1) automatically be extended beyond one year; or
(.2) automatically be renewed for an additional term or terms such that the total of the original and any potential renewal terms exceeds one year.
(2) No lease, contract or other agreement of any kind, except those for which competitive bidding is required pursuant to Section 8-200 of this Charter, shall oblige the City to pay an amount in excess of fifty thousand dollars ($50,000) unless such agreement is in writing and unless such agreement has been approved by ordinance prior to taking effect, and no such approved agreement shall be amended to increase the amount to be paid under the agreement by more than 15% unless such amendment has been approved by ordinance prior to taking effect.
(3) Council shall have power by ordinance to address public confidence in the integrity of the City’s contracting process by requiring certain disclosures by persons seeking City leases, contracts, concessions, or other agreements of any kind, and persons who have entered into such agreements, including, but not limited to, disclosure of campaign contributions and disclosure of relatives who are City employees, and by providing by ordinance as to whether persons who have made certain campaign contributions may be eligible or ineligible for City leases, contracts, concessions, or other agreements of any kind, or for a grant, loan, tax incentive, or other form of financial assistance from the City.
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ARTICLE IV
EXECUTIVE AND ADMINISTRATIVE
BRANCH POWERS AND DUTIES
The Mayor, The City Representative and
Departments, Boards and Commissions
under the Mayor
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CHAPTER 5
DEPARTMENT OF COMMERCE AND ITS
DEPARTMENTAL BOARD
§4-500. Functions.
The Department of Commerce shall have the power and its duty shall be to perform the following functions:
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(b) Wharf, Dock and Harbor Facilities. The Department shall itself, or by contract, maintain, improve, repair and operate City wharf, dock and harbor facilities; when authorized by the Council, acquire, design and construct additional such facilities; and conduct necessary harbor cleaning, deepening, dredging and ice-breaking operations and maintain and operate equipment for such purposes. The Department may grant leases and licenses for the use of City wharf, dock and harbor facilities, provided that any such lease or license must be approved by Council by ordinance prior to taking effect if it has a term of more than one year, as defined in Section 2-309(1).
(c) Airport Facilities. The Department shall itself, or by contract, maintain, improve, repair, and operate City airport facilities and equipment and when authorized by the Council acquire, design and construct additional such facilities. The Department may grant leases and licenses for use of City airport facilities, provided that any such lease or license must be approved by Council by ordinance prior to taking effect if it has a term of more than one year, as defined in Section 2-309(1).
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ARTICLE VIII PROVISIONS OF GENERAL APPLICATION
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CHAPTER 2 CONTRACTS, PROCUREMENT, PROPERTY AND RECORDS
§8-200. Contracts.
(1) Except in the purchase of unique articles or articles which for any other reason cannot be obtained in the open market, competitive bids shall be secured before any purchase, by contract or otherwise, is made or before any contract is awarded for construction, alterations, repairs or maintenance or for rendering any services to the City other than professional services and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder; provided, however, that City Council may, by ordinance, prescribe bid preferences for businesses located in or doing business in Philadelphia, and provided further that Council may, by ordinance, regulate the process by which purchases and contracts not subject to the lowest responsible bidder requirement of this paragraph are awarded, which regulations may require Council approval by ordinance of certain or all such contracts.
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§8-201. Concessions.
All concessions granted by any officer, department, board or commission of the City for the sale of products or the rendition of services for a consideration on City property (whether such concession is granted by the execution of a concession contract, a lease, a license, or otherwise) shall be awarded by the Procurement Department only pursuant to the specifications of such officer, department, board or commission after competitive bidding and to the highest responsible bidder in a manner similar to that required by the preceding section relating to contracts for procurement involving an expenditure of more than twenty-five thousand dollars ($25,000). No concession with a term of more than one year, as defined in Section 2-309(1), or for which payment of ten thousand dollars ($10,000) or greater is to be made to the City, shall be granted without Council approval by ordinance.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
End