(a) Contracts of less than $75,000. Formal competitive bidding will not normally be required for purchases of less than seventy- five thousand dollars ($75,000), which amount shall be in effect until December 31, 2024. Thereafter, the City shall increase this threshold by three percent (3%) per annum. This shall include:
(1) New or used goods to be purchased pursuant to an agreement, or which will be needed by the City within 90 days from the delivery of the goods, and not priced in excess of $75,000 regardless of trade-in value.
(2) Services to be purchased pursuant to an agreement, or which will be needed by the City within 90 days, and not in excess of $75,000.
(b) Other exemptions. The following purchases shall also be exempt from the competitive bidding requirements, but shall, where in excess of $75,000 unless otherwise stated herein, be subject to the approval of the Council or the Board of Control:
(1) Supplies and services of the severely handicapped, purchased from a qualified nonprofit agency pursuant to Ohio R.C. 4115.31 to 4115.35.
(2) Purchases of machinery, materials and supplies, as well as furniture, fixtures, and equipment (“FFE”) including but not limited to specialty or affixed FFE and installation services for such FFE, from the State of Ohio, a centralized government purchasing organization, or any department, division, agency, political subdivision of the State, or other cooperative purchasing organization of public entities, if made through contract offerings from such designated entities
(3) Emergency purchases, for which Council may, by a majority vote and with the approval of the Board of Control, authorize entering into a contract for work to be done or for emergency purchases of goods and services without formal bidding and advertising.
(4) Purchases of used equipment, for which Council may by ordinance authorize the Director of Public Safety or designee to purchase, without competitive bidding, used equipment or supplies at an auction open to the public or at a public sale requesting the submission of written bids.
(5) Professional and/or personal services. The statutory provisions regarding competitive bidding generally do not apply to contracts for professional and/or personal services. This includes personal services, regardless of amount, which are not, in the opinion of the Director of Public Safety or designee, capable of proper selection by means of competitive bidding.
A. In the case of Design Professional selection for public work projects, the City shall not be subject to the requirements of Ohio Revised Code Section 153.65, et seq., and the City’s Administration is authorized to develop a process for Design Professional selection for each project that may take into account factors including, but not limited to, the nature of the projects, the source of funding, the qualifications of the Design Professional, and price, to be weighed in the sole discretion of the City.
(6) Single bid. Where a single bid is received after complying with the bid requirements, then competitive bidding shall not apply.
(7) Single source. With respect to material to be incorporated into public improvements, competitive bidding shall not apply where there is only a single source or supplier for the material.
(8) Projects that 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 153.571 of the Ohio Revised Code. The standard of award for Construction Manager at Risk projects shall be a “best value” standard.
(9) Projects that 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.
(c) The foregoing dollar thresholds shall be subject to adjustment consistent with changes in Chapter 735 of the Ohio Revised Code.
(Ord. 2023-23. Passed 10-2-23; Ord. 2024-04. Passed 3-11-24.)