(a) The City Manager, with Council approval by resolution, may make purchases and expenditures that exceed fifty thousand dollars ($50,000) by the open market procedure, without formal advertising, in the following instances:
(1) In case of emergency. In case of emergency which requires immediate purchase of supplies or contractual services. In such cases a copy of the order issued shall be filed with the City Clerk, together with a certificate from the City Manager, stating the facts of the emergency.
(2) One source of supply. When only one source of supply is available and the City Manager shall so certify. The certification of such a condition shall be accompanied by a statement of facts from which it has been concluded that the vendor is the only source of supply.
(3) Professional services. When the services are required to be performed by the contractor in person and are of a technical and professional nature or under City supervision and paid for on a time basis.
(4) Contract renewals. When a monthly or yearly contract is up for renewal and it has been determined by informal solicitation that an extension or renewal under option provisions would be in the public interest.
(5) Cooperative purchasing programs. When a governmental cooperative purchasing program is utilized, such as programs offered through the State of Ohio and the federal government.
(6) No useful purposes to be accomplished. Formal advertising is not required where it is impractical and can accomplish no useful purposes. This determination must be made on an individual basis and be supported by factual conclusions.
(7) Purchase of used equipment. Council may authorize the purchase, without competitive bidding, used equipment or supplies at an auction open to the public or at a public sale.
(8) Construction Manager at Risk Proiects. Projects the City determines to be best suited to the Construction Manager at Risk delivery model. The procurement process shall be developed based on the needs of the City and the nature of the specific project and shall not be required to comply with Chapter 153 of the Ohio Revised Code. The Construction Manager at Risk shall be required to provide a performance and payment bond in the same form as that set forth in Section 153.5 71 of the Ohio Revised Code. The standard of award for Construction Manager at Risk projects shall be a "best value" standard.
(9) Design-Build Projects. Projects the City determines to be best suited to the Design-Build delivery model. The procurement process shall be developed based on the needs of the City and the nature of the specific project and shall not be required to comply with Chapter 153 of the Ohio Revised Code. The Design-Builder shall be required to provide a performance and payment bond in the same form as that set forth in Section 153.571 of the Ohio Revised Code. The standard of award for Design-Build projects shall be a "best value" standard.
(10) Energy Savings Performance Contracts. Projects the City determines to be best suited to make building improvements that reduce energy and water use and increase operational efficiency.
(11) Other Programs. Any other program or method permitted by the Ohio Revised Code which City Council determines is in the best interest of the City. (Ord. 20-22. Passed 7-18-22.)