A. The Council will by ordinance establish a Board of Control as provided for municipalities under Ohio law. Other than as specifically required by this Charter, the membership, powers and authority of the Board shall be determined by the Council. No contract in excess of five thousand dollars ($5,000.00) for the purchase of goods or services, for labor and materials, or for the construction of any public improvement shall be entered into without first being approved by the Board of Control. Unless and until the Council establishes a purchasing or procurement office or department pursuant to Section 4.18 of this Charter, the Mayor shall serve as the City's procurement officer, shall have the authority to make individual purchases not exceeding five thousand dollars ($5,000.00), and shall execute all contracts on behalf of the City.
B. Contracts for the purchase of goods or services, for labor and materials, or for the construction of any public improvement will be made only with prior approval of Council, except that the Council may establish a dollar threshold amount below which Council approval is not required. If the Council does not establish such a threshold, the threshold provided in state law will apply. This provision is not intended to require prior Council approval for blanket, unit price, contingent quantity or requirements contracts initially less than the threshold amount, but expenditures under such contracts shall not exceed the threshold amount without prior Council approval. The splitting of orders so to evade the requirements of subsections A or B hereof is prohibited.
C. All contracts that require Council approval under subsection B above will be awarded pursuant to sealed bid competitive bidding to the lowest and best bidder as determined by the Board of Control. The Board shall have discretion to consider all relevant factors in determining which bid is the lowest and best bid. The Board shall not entertain bids from bidders lacking a valid Certificate of Qualification issued under Chapter 5525 of the Ohio Revised Code, if such certificate would be required under state bidding procedures for the same type of work. Notwithstanding the foregoing, the Council, in authorizing any purchase, labor and materials, or public improvement contract, may specify the use of any alternative form of competitive process provided for in Ohio law for municipalities or other public agencies, or may exempt the purchase from competition. In exempting any procurement from competition, the Council will identify the statutory or common law basis for the exemption.
D. Every contract authorizing expenditure of public money shall include or have appended to it the Finance Director's certificate of available funds for the fiscal year involved. No contract lacking such certification shall be valid against the City, and no expenditures in excess of the amount certified shall be made unless an additional certification is provided. No contract, once authorized and executed by the Mayor, shall be modified, amended, or extended in any manner without further authorization of the Council, or in the case of a contract not requiring Council approval, by the Board of Control.
E. In addition to the above, approval of Council by ordinance shall be required for the following contracts and transactions:
1. Any contract the duration of which exceeds one year or which may exceed one year through the use of renewal clauses or otherwise;
2. Any contract for the purchase, acquisition, sale or alienation of any interest in real property;
3. Any sale or other disposition of items of personal property with individual value in excess of $1,000.
4. Any franchise, concession, lease or rental agreement for the commercial use of public property;
5. Any contract or proceeding under which the City will accept money, services or property by donation, bequest, exchange or forfeiture;
6. Any agreement to settle, forgive or compromise a monetary claim made by or against the City, except that the Law Director may settle monetary claims in amounts less than $5,000 with the approval of the Board of Control;
7. Any contract under which the City will borrow money and/or issue notes or bonds as security for indebtedness;
8. Contracts and transactions other than those identified in subsection B above in which Council approval is required by state law.
(Amended 11-8-22.)