173.04 DEFINITIONS.
   (a)   For purposes of this section, certain words and phrases shall have the following meaning, the word “shall” is always mandatory and not directory.
      (1)   Informal Competitive Bidding: Procedures for obtaining price quotations or RFP’s from three or more independent vendors or sources, unless less than three sources are available without necessity of publication or formal written bids. The determination of the “availability” of three sources shall be determined by vote of the Board of Control after sufficient evidence presented by the Director of Public Service.
      (2)   Purchase of Materials and Services: those items, goods, labor or expertise, secured from a source outside of any city agency or department.
      (3)   Formal Competitive Bidding: Procedures for soliciting advertising for goods or services pursuant to and adopted by, the Director of Public Service.
      (4)   Request for Proposal: A written request for at least three separate price quotations by the Director of Public Service for goods or services from three individual vendors or sources.
      (5)   Sole Source: A single provider, certified by the Director of Public Service to reasonably be the only supplier of goods or services.
(Ord. 2002-152. Passed 10-24-02.) 
      (6)   State or Other Governmental Bidding Purchases: Cooperative purchase contracts where the price for the item to be purchased has been established by the federal government, state government, the Northeast Ohio Sourcing Office C.O.G. or by competitive bids controlled by another government entity entered into pursuant to Stow Ordinances 1986-152, 1991-283, 1980-163 and 1996-91.
         A.   State or other government bidding purchases include, but are not limited to the following buying consortiums:
            1.   Ohio Department of Transportation (ODOT)
            2.   State of Ohio DAS
            3.   Community University Education Purchasing Council (CUE-COG)
            4.   Omnia Partners
            5.   Equalis Group
            6.   Sourcewell
            7.   US Communities
            8.   Ohio Schools Council
            9.   National Cooperative Purchasing Alliance (NCPA)
               (Ord. 2023-047. Passed 2-15-23.)
      (7)   Vendor: One that has sold or sells or attempts to sell any service or good to the City.
      (8)   Real and Present Emergency: Public situation which is an injury or obstruction that occurs in any public works and that materially impairs its immediate use or places in jeopardy property, or that impairs or obstructs the works.
      (9)   Professional/Personal Service: Services of a specialized nature requiring the expedient application of particular skill and experience and control by contractor of exclusive devices, including but not limited to attorneys, accountants, auditors, architects, engineers, construction project manager, consultant surveyor or appraiser.
      (10)   Non-Bid Contract: Any contract for supplies, materials or labor that does not require formal or informal bidding pursuant to this chapter or that does not exceed $1,000 as provided for in Section 173.06(g).
      (11)   Preferred Source Provider: A vendor who by unique and special skills and services is capable of providing the lowest price when considering the totality of special circumstances and needs of the City.
      (12)   Best Practical Source: In the event there is more than one provider, the provider can be determined to be the best practical source if one of the following factors or other similar criteria are met:
         A.   Product Availability - The vendor is the only vendor with a needed item in stock.
         B.   Vendor Proximity to the Requisitioning Location - When taking into consideration the cost of travel to secure goods (such as sand, gravel, concrete) or service (such as towing, emergency road service, emergency medical service), the vendor offers the most economical alternative.
         C.   Timeliness of Service in the Event of an Emergency - The vendor can provide the fastest product delivery.
            (Ord. 2002-152. Passed 10-24-02.)