SECTION 5.08 CONTRACTS AND PURCHASING
The Manager shall be the contracting officer of the Village, and shall execute all contracts and agreements on behalf of the Village in the manner and under the procedures provided by this Charter. All contracts shall comply with the current directives of the Office of the E.E.O.C. (Equal Employment Opportunity Commission).
The Manager may award a written contract to the lowest and best quote when the expenditure of funds for the purchase of supplies, equipment, or services does not exceed an amount to be established by Council.
Expenditures at and over the established threshold require competitive bidding and majority approval from council before the manager can award a written contract to the lowest and best bidder. Prior to awarding such contract, the Manager shall advertise the items or services to be provided on the same day of each week for not less than two nor more than four weeks. Such advertisement shall be placed in a newspaper determined by Council to be of general circulation within the Village. In lieu of public bidding, Council may, by ordinance, provide for participation in joint purchasing programs operated by the State of Ohio or any department thereof, provided, however, no purchase from such joint purchasing program, that exceeds the amount established by council, may be made unless an each such purchase is authorized by Council.
Contracts with persons, firms, or corporations for service requiring specialized or professional skill, knowledge or training; expenditures for and contracts for insurance; and expenditures required because of a real and present emergency when authorized by an ordinance adopted by the affirmative vote of at least a majority of all the members of Council, may be awarded and executed without the necessity of advertisement and competitive bidding only when it affects the health, safety and welfare of the community.
Whenever a contract is awarded under competitive bidding, the contract shall be considered binding and not subject to price increase. It is the bidder's responsibility to take into account and to allow for contingencies before submitting the bid and not afterward, and whenever feasible, a performance bond shall be given. The opening of the sealed bids shall be in the presence of the Manager and affected department head without any previous comparison of prices.
No contract or order shall be willfully split or divided into separate contracts or orders solely in order to avoid the requirement of advertisement and competitive bidding as provided by herein.
(Amended 11-4-2003)