(a) The concept of advertising for and soliciting bids for services and materials that are necessary to governmental operations is of paramount importance. Competitive bidding, by its very nature, tends to promote two occurrences which are essential to effective, efficient service to taxpayers, namely:
(1) The cost of goods and services is held to reasonable limits because of competition among the various suppliers.
(2) Persons who pay taxes and support governmental services are given an equal opportunity to do business with the government and to share in the expenditure of tax revenues. In some instances, however, competitive bidding can work to the detriment of the governmental agency, and, of course, to the detriment of the taxpayers who support that agency.
(b) From the standpoint of assisting the administration for the purpose of seeking Council action with respect to procuring services and materials, the following general guidelines shall apply:
(1) The department head seeking contracting authority shall present his or her proposal, together with any documentation and information necessary for the review of the general nature and cost of the project, to the appropriate committee or committees of Council.
(2) Included within any proposal, the department head shall set forth a request that the services or materials be purchased either through the standard bidding procedure or that the bidding procedure be waived. If a request is made that the bidding procedure be waived, reasons shall be set forth which shall adequately demonstrate why the waiver is necessary.
(3) An emergency may be declared and bidding procedures :may be waived in any of the following circumstances, provided that at least two-thirds of the members of Council conclude that such circumstances exist.
A. If, because time is of a critical consideration, the service or material must be provided before bidding can be effectively accomplished, then an emergency is considered to exist and the bidding procedures may be waived.
B. If an informal survey conducted by the department head discloses that it is unlikely that bids will be received as a result of an invitation for the reason that the service or material is necessary to the operation of the City, and the service or material cannot be obtained through bidding procedures, the bidding procedures may be waived.
C. If it is determined that there is a single source for the services or materials sought, an emergency may be declared for the reasons that bidding will serve no useful purpose and will waste time and money, and the bidding procedure may be waived.
D. In those circumstances wherein past experience with the peculiar details of a particular project or item of equipment renders one supplier so uniquely capable of providing the desired service or material at a substantially lower price;, an emergency may be declared for the reason that bidding will serve no useful purpose in that no other supplier could provide the service or material at a lower price, and the bidding procedure may be waived.
E. If, because of the highly technical or peculiar nature of the service or material to be acquired, the City does not possess the requisite experience, training or expertise among its staff members to compile specifications sufficient to apprise bidders of the desired services or materials, and if appropriate specifications cannot be obtained elsewhere without the expenditure of funds for such services, an emergency exists and bidding may be waived.
F. If, because of the highly specialized or technical nature of personal services to be provided, the experience, training and expertise of prospective bidders become a critical feature, essential to the success of the project, and such experience, training and expertise cannot be adequately measured through the formal structure of the bidding process, an emergency exists and bidding may be waived.
G. By the provisions of the Ohio Revised Code and Resolution 87-22, the Director of Public Service may participate in State contracts where the Department of Administrative Services, Office of State Purchasing, as entered into such contracts for the purchase of supplies, services, equipment or certain materials, where to do so would be in the best interests of the City.
The Director shall be bound by all contract terms and conditions of the Department. Such terms and conditions may include a reasonable fee to cover the administrative costs of the Department as a result of the City's participation in the contract.
H. Similarly, by the provisions of Resolution 88-95 , the Director of Public Service may also participate in Ohio Department of Transportation contracts where the Department has entered into such contracts for the purchase of machinery, materials and supplies, and where to do so would be in the best interest of the City.
The Director shall be bound by all contract terms and conditions of the Department. The City also agrees to hold the Department harmless for any claim or dispute arising out of participation in any such contract, pursuant to Ohio R. C. 5513.01(A) .
(4) In all cases wherein a department head seeks a waiver of bidding, he or she shall provide sufficient information so that Council may make a reasonable finding that the singular circumstance of the particular proposed project constitute an emergency which would permit reasonable minds to conclude that the circumstances of Section 256.02 exist and that formal advertising and bidding should be waived.
(Ord. 89-39. Passed 4-17-89. )