The Director of Finance shall be the purchasing agent for the City and shall have the authority to execute purchases for and on behalf of each department of the City. The Department of Finance shall adopt rules and regulations for the internal management and operation of the purchasing function. The Director of Finance or designee shall prescribe and maintain such systems as reasonably necessary to the operation of the purchasing function. All purchases must be made from available appropriations and approved by City officials in accordance with the following provisions:
(a) Purchase Authority.
(1) Purchases of $0 to $10,000.00 require approval by the Director of Finance and Department Head for the department for which the purchase is being made. Purchases between $0 and $10,000.00 require the purchase originator to convey responsible purchasing procedures designed to promote the best interest of the City. The Director of Finance reserves the right to establish such procedures and to request any additional information and/or quotations for such purchase(s).
(2) Purchases greater than $10,000.00 and up to $50,000.00 require approval by the Director of Finance and Department Head for the department for which the purchase is being made and, to the extent reasonable and practical, the Director of Finance or Department Head requesting this purchase shall obtain a minimum of three written quotations prior to seeking approval to make the purchase unless a request to waive this requirement is approved in accordance with division (a)(4) below. If the lowest quotation is not being considered for the purchase, the originator must document reasoning why the selected vendor or contract is in the best interest of the City. The Director of Finance reserves the right to establish such procedures and to request any additional information or quotations for such purchase(s).
(3) Purchases greater than $50,000.00 shall be procured in accordance with competitive selection requirements as defined in division (b) below or purchased from a cooperative purchasing contract as defined in division (d) below or utilize an alternative method of project delivery as defind in division (c), and shall require the approval of City Council as defined in division (g) below. The Director of Finance is authorized to solicit bids, or proposals, and request qualifications for purchases in which funds have been appropriated for the designated purpose.
(4) The requirement for obtaining quotations as defined in division (a)(2) above may be waived by the Director of Finance upon the request from the requesting department of the purchase for the following reasons:
A. The purchase can be made using an approved cooperative purchasing contract as defined in division (d);
B. The purchase can be made from another political subdivision;
C. For the purpose of accepting or renewing a maintenance, support or professional services agreement;
D. For a proprietary service or sole source purchase as determined by the Director of Finance;
E. An emergency purchase as defined in division (f) below;
F. For any other reasonable and practical limitations to obtaining the required quotations defined in division (a)(2), the Director of Finance reserves the right to establish such procedures and to request any additional information or quotations for such purchase(s).
(5) Purchase Orders. Purchase orders shall be established as required by R.C. § 5705.41(D) for all contracts and purchase commitments and to encumber funds against available appropriations. Purchase orders shall be requested by the originating department in accordance with established procedures and approved by the Director of Finance as follows:
A. Regular purchase orders issued for a specific vendor or contract and for an amount specified and in accordance with the procedures defined in division (a). Regular purchase orders can encumber funds in multiple budget account line items and expire when the contract of specified order is fulfilled.
B. Blanket purchase orders may be issued to a vendor or for the purchase of goods or services, and charged to one or more budget account line items in an amount not to exceed $50,000.00 and for a period of up to one fiscal year. Annual accruals of blanket purchase orders to the same vendor or purpose within a departmental budget, as appropriated annually by City Council, shall not supersede procedures established in division (a).
C. Super blanket purchase orders may be issued to a vendor for professional services, materials, supplies, fuel, road salt, utilities and any other specific recurring and reasonably predictable operating expenditure charged to one specific expenditure budget account line item in an amount not to exceed the line item budget for a period of up to one fiscal year. Such purchase orders shall be established in accordance with the purchase authority defined in division (a).
(6) Then and Now Certification. Purchase orders including those authorized under division (a)(5) above shall be established prior to the time that City funds are obligated by contract, invoice, or other means. If City funds are obligated prior to the establishment of a valid purchase order, the Director of Finance can certify that both at the time that the contract or order was made and at the time of the certification, sufficient funds were available or in the process of collection, to the credit of a proper fund, properly appropriated and free from any previous encumbrance, the taxing authority can authorize the drawing of a warrant. The Director of Finance shall submit all certifications that are $3,000 or greater to Council for approval.
(7) Monthly report requirement for purchases greater than $10,000 - The Director of Finance shall provide to City Council monthly, a report of purchases greater than $10,000.00 as defined in division (a)(2). The report to Council shall provide information on individual purchases including, purchase amount, date, vendor, purpose, department, and budget account.
(b) Competitive Selection.
(1) Competitive Bidding. Sealed competitive bids are required to be used for firm fixed price contracts where the aggregate dollar amount of the purchase is reasonably expected to be greater than $50,000.00 and is used as the preferred method for, but not limited to, public works improvement projects. Bids shall be solicited from an adequate number of known suppliers whenever practical and in accordance with R.C. § 735.05, applicable City Code sections, and established City policies. Contracts awarded under sealed bid procedures shall be based on the lowest, responsive, and responsible bidder. If the lowest bidder is not recommended the Department Head or City official shall provide in writing the reasons for not selecting the lowest price prior to approval by Council in accordance with division (g) below. As an alternative to in-person bid submissions and openings, the City may utilize an online bidding information service as the preferred method for submitting and processing sealed bids accepted by the City.
(2) Request for Proposals (RFP). Procurement by competitive request for proposal (RFP) is permissible when sealed bids are not required by applicable laws or City policies. An adequate number of qualified sources submit an offer and either a fixed price or cost-reimbursement type contract is awarded based on the recommendation of the Department Head and Director of Finance. Contracts will be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered. The procedures and form of the request for proposals shall be determined by the Director of Finance.
(3) Selection of Professional Design Services (RFQ). The City may use competitive proposal procedures for qualifications-based procurement of architectural/engineering professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of architectural/engineering professional service.
(4) Waiving of Competitive Selection. The requirements in divisions (b)(1), (b)(2), and (b)(3) may be waived by City Council upon request of the Department Head. A waiver may be approved for the following reasons:
A. The purchase is made using a of cooperative purchasing contract in accordance with division (d);
B. An alternative project delivery method as defined in division (c) is used;
C. The purchase can be made from another political subdivision;
D. The purchase is for professional services as defined in division (e);
E. For a proprietary service or sole source purchase as determined by the Director of Finance;
F. The purchase qualifies as an emergency purchase in accordance with division (f);
(5) A request for a waiver of competitive selection shall be approved by the Mayor or Director of Finance prior to submitting the request to City Council for approval in accordance with division (g). The Director of Finance reserves the right to establish such procedures and to request any additional information or quotations for such purchase(s).
(c) Alternate Project Delivery Methods.
(1) City Departments are authorized to utilize the services of a design-build firm for the provision of design-build services, or services that form an integrated delivery systems for which a person or firm is responsible to the City for both the design, construction, demolition, alteration, repair, or reconstruction of a public improvement pursuant to applicable sections of R.C. §§ 153.65 through 153.99. Design-build or other similar services shall be procured through a competitive process as defined in divisions (b)(2) or (b)(3) unless the requirement for competitive selection is waived in accordance with division (b)(4)B.
(2) Design-build. The purchase of supplies, materials and equipment or the construction of public improvements may be obtained through the design-build process in accordance with the procedures established in the Ohio Revised Code, or pursuant to such other procedures as may be established by the Director of Finance.
(3) Construction Manager or Construction Manager At-Risk. The purchase of supplies, materials and equipment or the construction of public improvements may be obtained through the construction manager or the construction managerat-risk process in accordance with the procedures established in Ohio Revised Code, or pursuant to such other procedures as may be established by the Director of Finance.
(d) Cooperative Purchasing.
(1) Cooperative Purchasing Contracts. The City shall have the authority to purchase supplies, materials or equipment and obtain services through cooperative purchasing programs, whereby the City shall be eligible, as a member or otherwise, to join a group of governmental entities and share the benefits and advantages of volume purchasing and reduced administrative costs, to include without limitation state contract purchasing pursuant to R.C. § 125.04, joint purchasing and shared services provisions of R.C. § 9.48 and any other similar program whether operated by a public or private entity. The Mayor and the Director of Finance are hereby authorized to agree on behalf of the City to be bound by all contract terms and conditions under each such cooperative purchasing contract in which it participates. Further, the Mayor and the Director of Finance are hereby authorized to agree in the name of the City to directly pay the vendor, under each such cooperative purchasing contract in which it participates for items it receives pursuant to the contract terms.
(2) Authorized Cooperative Purchasing Programs. The City is authorized by Solon Code §§ 230.06 and 230.09 to participate in purchasing contracts entered into by the Ohio Department of Administrative Services, Office of State Purchasing and the Ohio Department of Transportation Cooperative Purchasing Program for the purchase of supplies, materials, services, and equipment. Further, the Director of Finance shall designate on an annual basis other eligible cooperative purchasing entities that the City will participate in pursuant to joint purchasing and shared services provisions of R.C. § 9.48.
(3) United States General Services Administration (GSA). The City is hereby authorized to participate in contracts entered into by the United States General Services Administration (GSA) through its Multiple Awards Schedule (MAS) Program for the purchase of supplies, services, equipment and certain materials, pursuant to applicable federal law and related provisions. The Mayor and Director of Finance are hereby further authorized to agree, on behalf of the City, to be bound by all contract terms and conditions as the General Services Administration (GSA) Multiple Awards Schedule Program prescribes.
(4) Certification of Equivalency. A purchase that is not made under a cooperative purchasing contract as defined in division (d)(1) and that does not use a competitive selection method described in division (b) can be approved if the purchase can be made at a lower price and/or more favorable terms as compared to an approved cooperative purchasing entity contract. An Affidavit to Insure Equivalency of Offering form that validates equivalent pricing, and terms of the contract in all aspects and specifications shall be completed prior to approval of the purchase in accordance with divisions (a) and (g).
(e) Procurement of Professional Services.
(1) Contracts or agreements to provide unique services or professional services including, but not limited to, consultants, accounting, architecture, attorney at law, physician, professional engineer, construction project manager, surveyor, appraiser, or financial advisory shall be purchased using responsible purchasing procedures designed to promote the best interest of the City.
(2) Contracts or agreements to provide professional services that are less than $50,000.00 shall be approved in accordance with division (a)(4)C. Contracts or agreements to provide professional services that exceed $50,000.00 shall be authorized in accordance with division (b)(4)D. and require a duly enacted ordinance of City Council in accordance with division (g) prior to entering into the contract or agreement for the purchase. Funds for the purchase shall be encumbered with a purchase order in accordance with division (a)(5).
(f) Emergency Purchases.
(1) An emergency purchase is necessary for the immediate preservation of the public health, safety and welfare of the City or when an immediate purchase of goods or services is necessary to prevent further damage to public property or equipment. Emergency purchases shall be approved by the Mayor or Director of Finance. A proper purchase order as defined in division (a)(5) will be established in a reasonable and practical amount of time upon approval of the emergency purchase.
(2) The pertinent information about the purchase including the details of the circumstances requiring an emergency purchase should be filed by the Department Head to the Director of Finance within five business days after the date of the emergency purchase. The Director of Finance shall include all emergency purchases in the required reporting to City Council as defined in division (a)(7).
(g) Council Authorization. All contracts or agreements for the purchase of goods, materials, or the provision of services that exceed $50,000.00 and purchased in accordance with division (a)(3) shall be authorized by a duly enacted ordinance of City Council prior to entering into the contract or agreement for the purchase. Purchasing contracts shall be executed by the Mayor in accordance with Article V, Section (5)(e) of the City Charter upon Council approval.
(h) Policies and Procedures. The Director of Finance shall establish and may amend the policies and procedures which are deemed necessary to the operation of the purchasing function as defined herein. The establishment of policies and procedures will include the issuance of manual(s), process guidance, forms, reports, and the provision of information systems utilized in furtherance of an efficient and effective purchasing function. Such policies and procedures, and amendments thereto, shall be consistent with the City Charter and the Codified Ordinances.
(Ord. 1999-245, passed 12-20-1999; Ord. 2004-97, passed 5-17-2004; Ord. 2007-192, passed 8-6-2007; Ord. 2008-144, passed 6-2-2008; Ord. 2013-248, passed 12-16-2013; Ord. 2016-17, passed 2-1-2016; Ord. 2023-91, passed 5-15-2023; Ord. 2024-2, passed 1-16-2024)