(a) Contracts or agreements which involve the expenditure of fifty thousand dollars ($50,000) or less, or contracts for personal services, may be made without published notice and without competitive bidding. But in all cases, except as otherwise provided for in this chapter or unless an alternative bidding method is authorized by Council by motion, where the expenditure exceeds fifty thousand dollars ($50,000), the contract shall be let only to the lowest and best responsible bidder, after advertising for bids once a week for not less than two nor more than four consecutive weeks in a newspaper of general circulation in the City. All bids received pursuant to such advertisement shall be opened publicly by the Mayor or designee in the presence of one or more other City employees. This provision is subject to subsection (g) hereof.
(b) Whenever the Mayor finds that personal property or services can be obtained from the Federal or State government, or agency thereof, or from any political subdivision, or agency thereof, at prices less than would be obtained by taking bids from private persons, the Mayor may purchase, lease or obtain use of such property or engage such services directly from the Federal government or through the State Superintendent of Purchasing and Printing or the Director of Transportation, or other State agency, or from the political subdivision, or agency thereof, without the necessity of advertising to obtain bids, with notice, and upon such formalities and such terms as are required by the Federal or State government or political subdivision. This provision is subject to subsection (g) hereof.
(bb) Whenever the Mayor finds that personal property or services can be obtained from a party at prices less than would be obtained by utilizing the Ohio Department of Transportation (ODOT) Cooperative Purchasing Program, the Ohio Department of Administrative Services Cooperative Purchasing Program, the National Joint Powers Alliance Program, the Cuyahoga County Cooperative Purchasing Program, The Sourcing Alliance Network Purchasing Program, the Mayor may purchase, lease or obtain use of such property or engage such services without published notice and without competitive bidding. This provision is subject to subsection (g) hereof.
(Ord. 52-2014. Passed 4-23-14; Ord. 153-2021. Passed 12-6-21.)
(c) Notwithstanding the provisions of this chapter, when the Mayor determines that the emergency repair or purchase of personal or real property costs more than fifty thousand dollars ($50,000) and is necessary to provide essential governmental services, he shall cause such emergency services to be accomplished and advise Council of such act at the earliest time possible. Council shall approve by motion the expenditure for such emergency repair or purchase.
(Ord. 157-2012. Passed 11-7-12; Ord. 153-2021. Passed 12-6-21.)
(d) Notwithstanding the provisions of subsection (a) hereof and Sections 171.03, 171.04 and 171.05, the Council may award a contract for the construction of any permanent improvement without advertising to obtain bids, bidding or other compliance with respect to such sections if Council shall adopt an ordinance or resolution determining that:
(1) The estimated cost of the proposed permanent improvement is in excess of seventy-five thousand dollars ($75,000); and
(2) It is in the best interests of the City and shall, in the opinion of the Council, be cost-effective to the City to select a construction manager, who may be a general contractor, for the improvement, who will enter into a contract to provide labor and materials for all phases of the improvement, which may but need not include architectural and engineering services, at a guaranteed maximum price; and
(3) The selection of such a construction manager shall, in the opinion of the Council, expedite the selection and coordination of other qualified contractors or subcontractors and the performance of the work on and completion of the improvement on an expedited basis.
The procedures and process to be followed with respect to a guaranteed maximum price contract with a construction manager selected pursuant to this subsection (d) shall be pursuant to the provisions of Sections 171.06 through 171.09. As set forth in this chapter, the term “construction manager” may include a general contractor or other party contracting with the City to construct an improvement on a design-build basis.
(Ord. 38-2010. Passed 4-19-10.)
(e) Notwithstanding the provisions of subsection (a) hereof and Sections 171.03 and 171.05, the Mayor may establish special Regulations relating to the process of selecting contractors for the renovation of homes under the Neighborhood Stabilization Program. The Regulations shall be in accordance with all federal regulations and the requirements of this Chapter 171 with respect to the Manner of Contract Execution. The Regulations shall provide for public advertising to establish a pool of qualified contractors who wish to participate in the Program; submitting proposals for bids on any project to at least three (3) contractors on the list on a rotating basis; and awarding contracts to the lowest responsive bidder; and reporting such contracts to Council as a matter of record, but shall exempt such contracts from other formal bidding requirements unless provided for in the Regulations. The Regulations, which shall pertain only to the Neighborhood Stabilization Program, shall be approved by the Director of Law and filed with the Clerk of Council. As used herein the term “renovation” shall include emergency repairs. (Ord. 7-2010. Passed 1-19-10; Ord. 153-2021. Passed 12-6-21.)
(f) Notwithstanding the provisions of subsection (a) hereof and Sections 171.03 and 171.05, the Mayor may establish special Regulations relating to the process of selecting companies for the demolition of homes under the Neighborhood Stabilization Program. The Regulations shall be in accordance with all federal regulations and the requirements of this Chapter 171 with respect to the Manner of Contract Execution. The Regulations shall provide for public advertising to establish a pool of qualified companies who wish to participate in the Program; submitting proposals for bids on any demolition project to at least three (3) companies on the list on a rotating basis; and awarding contracts to the lowest responsive bidder; and reporting such contracts to Council as a matter of record, but shall exempt such contracts from other formal bidding requirements unless provided for in the Regulations. The Regulations, which shall pertain only to the Neighborhood Stabilization Program, shall be approved by the Director of Law and filed with the Clerk of Council.
(Ord. 6-2010. Passed 1-19-10; Ord. 153-2021. Passed 12-6-21.)
(g) The Mayor shall not be required to obtain City Council approval for contracts or agreements involving the expenditure of fifty thousand dollars ($50,000) or less.
(Ord. 176-2013. Passed 10-21-13; Ord. 153-2021. Passed 12-6-21.)