177.01 BOARD OF CONTROL.

   (a)   A Board of Control is hereby established to administer the awarding of contracts.

   (b)   The Board of Control shall consist of the Executive, the President of County Council, the County Fiscal Officer, and the County Engineer, the Chair of the County Council Finance Committee and the Director of the Department of Finance and Budget, or the designee of each. The Executive or the Executive’s designee shall serve as chair of the Board and conduct meetings.

   (c)   The Board shall meet at least twice a month in the Ohio Building.

   (d)   The Board shall keep a record of its proceedings and shall record its votes by yea and nay. The Board shall act by majority vote.

   (e)   Records of the proceedings shall be maintained in the office of the Executive as a public record. A copy of the proceedings shall also be sent to Council and maintained as a public record.

   (f)   The County Council shall hear any protests or objections which may be filed by an interested party no later than the second regular meeting following the filing of an appeal and make findings and determination as required by law.

   (g)   On or before June 30, 1993, the Board shall establish written procedures for conduct of its business. If the Board fails to adopt written procedures on or before June 30, 1993, County Council shall establish written procedures for conduct of the Board's business on or before December 30, 1993.

   (h)   Definitions.

      (1)   Professional services. Professional services are services provided by companies or individuals with expert knowledge and expertise in a highly specialized field, wherein the work product can be defined as an intellectual property rather than a physical asset. Professional services are normally provided by experts with specific degrees in higher education, and/or professional certifications. The work products of professional service providers are reports, plans, surveys, engineering drawings, financial plans, case work, bond underwriting and other intellectual properties. Professional services shall also include services rendered on the development of intellectual property and matters related to information technology and data processing due to the specialized knowledge and expertise necessary to provide such services. A professional service contract has a scope of work and cost that is negotiated after selection of the service provider through the RFP process.

      (2)   General services. General services are services provided by companies or individuals related to the maintenance, operation, or provision of physical assets and consumable inventories. General services also include various personal support services provided to individuals, such as day care, transportation, and in-home care givers. These services can be characterized as services that are routine in nature, and require minimal training for providers’ employees. The scope of work for general services contracts is definable and fixed before advertising for competitive bids. Bid prices are quoted on either a fixed cost or time and material basis.

      (3)   Sole source. A provider will be deemed to be sole source if the following criteria are satisfied:

         A.   The product or service is the only item that will produce the desired results or fit the defined need.

         B.   The item is verifiably available from only one source of supply.

      (4)   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 service or fastest product delivery.

         D.   Experience on existing project. The vendor is able to continue providing services in an already existing program or project, implement a new phase of an already existing program or project, or expand an already existing program or project, wherein the vendor has already provided services for the program or project and the vendor has developed a unique understanding of the technical aspects of the program or project, the nature and organizational aspects of the project and /or possesses other specific knowledge of the program or project that other potential vendors do not possess, and the use of said vendor for the continuation, implementation and/or expansion of the program or project is the most expedient and cost effective decision.

      (5)   Purchase order. A legally binding document authorizing the purchase of materials, supplies, commodities, fixtures, and furnishings. The document certifies the availability of funds in certain accounts to pay for the items being purchased.

      (6)   Purchase contracts. A legally binding document authorizing the purchase of general services. Purchase contracts can also be used in situations where the purchase of materials, commodities, and supplies has unusual circumstances regarding quality, delivery, maintenance or other specifications that require additional notation. The document certifies the availability of funds in certain accounts to pay for the items being purchased.

      (7)    Purchasing Division. The term Purchasing Division as used in this Chapter shall mean the Executive's Department of Finance and Budget's Division of Purchasing.

      (8)    Purchasing Director. The term Purchasing Director as used in this Chapter shall mean the employee within the Purchasing Division who oversees purchases made pursuant to this Chapter.
(Ord. 2008-179. Adopted 4-28-08; Ord. 2015-436. Adopted 10-26-15; Ord. 2023-350. Adopted 11-27-23.)