All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof exceeds the threshold amount of seventy-five thousand dollars ($75,000), as the same may be amended each year and as published by the Ohio Director of Commerce, shall be purchased by formal, written contract from the lowest and best bidder.
(a) Notice Inviting Bids.
(1) Newspaper. Notice inviting bids shall be published in at least one official newspaper in the City at least 14 days preceding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids.
(2) Bidders' list. The Agent shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders' list which the Agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
(3) Bulletin board. The Agent shall also advertise all pending purchases by a notice posted on the public bulletin board in the City Hall.
(b) Bid Deposits. When deemed necessary by the Agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of surety where the Agent has required such. A successful bidder shall forfeit any surety required by the Agent upon failure on his part to enter a contract within ten days after the award.
(c) Bid Opening Procedure.
(1) Bids shall be submitted sealed to the Agent and shall be identified as bids on the envelope.
(2) Bids shall be opened in public at the time and place stated in the public notices.
(3) A tabulation of all bids received shall be posted for public inspection.
(d) Rejection of Bids. The Agent shall have the authority to reject all bids, parts of all bids or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby. The Agent shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other moneys due the City.
(e) Award of Contract.
(1) Authority of Agent. The Agent shall have the authority to award contracts within the purview of this chapter, but subject to Ohio R.C. 733.21 and 733.22 and other laws of the State relative to the Board of Control.
(2) Lowest and best bidder. Contracts shall be awarded to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the Agent shall consider:
A. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
B. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
C. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
D. The quality of performance of previous contracts or services;
E. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
F. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
G. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
H. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
I. The number and scope of conditions attached to the bid.
(3) Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the Agent and filed with the other papers relating to the transaction.
(4) Tie bids.
A. Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder.
B. Outside vendors. Where subparagraph A. hereof is not in effect, the Agent shall award the contract to one of the tie bidders by drawing lots in public.
(5) Performance bonds. The Agent shall have the authority to require a performance bond before entering a contract in such amount as he finds reasonably necessary to protect the best interests of the City. Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section.
(Ord. 290-56. Passed 12-3-56; Ord. 162-88. Passed 5-16-88; Ord. 186-89. Passed 6-19-89; Ord. 78-94. Passed 4-18-94; Ord. 233-96. Passed 7-15-96; Ord. 56-99. Passed 3-15-99; Ord. 288-03. Passed 9-15-03; Ord. 39-10. Passed 3-15-10; Ord. 118-19. Passed 7-1-19; Ord. 129-23. Passed 10-2-23.)