Northampton County: Council changes contract policy
By a 5-3 vote, North-ampton County Council changed the way professional-services vendors are selected.
The July 18 amended ordinance prevents the county executive from using a competitive sealed bid process as an alternative if county council has previously voted down a vendor selected using the request for proposal method.
Introduced by Councilman Lamont McClure, the new policy is a response to an ongoing legal dispute and would prevent future use of the competitive sealed bid process to go-around council's vote in the selection of vendors. The competitive sealed bid process can be used only when price is the sole factor in the vendor's selection. Councilmen Scott Parsons, Robert Werner and Council President John Cusick opposed the policy change.
At a May council meeting, council empowered its solicitor to seek an injunction to prevent the county from entering into a three-year contract with LifeStar, the vendor who had won a competitive sealed bid and the two previous request for proposal bids.
Council had rejected LifeStar in favor of Nazareth Ambulance Corps. (NAC) as Gracedale's medical-transport service provider. The executive then put out a sealed-bid contract request that circumvented the need for council's vote.
Feeling its legal authority challenged and the Home Rule Charter violated, council is seeking a declaratory judgment from the court to determine how to best resolve the contract-award issue.
Council's solicitor Philip Lauer said that while a declaratory judgment may determine which side should win in this specific case it in no way binds any future decision over a contract award dispute.
Councilman Scott Parson's objection to the new policy focused on the lack of resolution when it comes to determining which governing body, county executive or council, has the final word in future disputes.
Lauer said that the amended ordinance can't really address that issue. If it could, there would be no reason for a council.
McClure said that while not resolving all the problems with the contract-award process, "It's a good first step. It's about the law and co-equal branches of government."
In the meantime, Lauer said that LifeStar and Nazareth Ambulance Corps are planning to, or have already, become parties to council's lawsuit.
Council's next regular meeting is at 6:30 p.m., Aug. 1 at Northampton County Courthouse's third floor, 669 Washington St., Easton.








