Notwithstanding the provisions of Ohio R.C. 9.33, 9.331, 9.332 and 153.65 through 153.71, and any other provisions of the Ohio Revised Code which may conflict with or are inconsistent with the provisions of this section, the following provisions shall govern the selection and the retention of professionals for the provision of professional services including, but not limited to, design professionals, engineers, construction managers, attorneys, accountants, architects and consultants by the City of University Heights, Ohio:
(a) All contracts for professional services in the amount of seventy-five thousand dollars ($75,000) or more, including, but not limited to, design professionals, engineers, construction managers, attorneys, accountants, architects and consultants, shall be awarded on the basis of qualifications of the potential contractor, as recommended by the Mayor and approved by Council, in accordance with the procedures outlined herein Prospective contractors for professional services (hereafter "contractors") shall submit qualifications ("qualifications"), in accordance with the instructions and specifications of the City. The Mayor or Mayor's designee shall draft the instructions and specifications in connection with any Request for qualifications ("RFQ"). Notwithstanding any actual or potential conflict of interest, which is hereby expressly waived, a department head, such as the City Engineer, shall be eligible to submit its qualifications in connection with any RFQ. The City may reject any and all RFQs.
(1) In the event that three (3) or fewer qualifications are submitted in response to any RFQ, the Mayor shall select the person or firm and shall negotiate a price. Any such contract shall be subject to the approval of Council.
(2) In the event that more than three qualifications are submitted in response to any RFQ, the qualifications shall be scored either (i) by the City Department head designated by the Mayor to draft the instructions and specifications of the City, in the event that such Department Head has not submitted its qualifications in response to the RFQ; or (ii) by the RFQ Selection Committee. The City Department Head or RFQ Selection Committee, as the case may be, shall narrow the number of qualifications to a list of three (the "qualifications list"), based upon scoring criteria developed by the City administration prior to the RFQ. The Mayor shall select the person or firm from the qualifications list and shall negotiate a price. Any such contract shall be subject to the approval of Council.
(3) The RFQ Selection Committee shall consist of five (5) members, as follows: the Mayor, a Department Head designated by the Mayor, a member of Council, the Chairperson of the Board of Zoning Appeals, and a member of the Planning Commission.
(4) All qualifications received by the City in response to any RFQ shall be distributed to the Mayor, the members of Council and the members of the RFQ Selection Committee, when applicable, promptly following the scheduled bid opening. Distribution shall be made by the Clerk of Council.
(5) In order for any contract to be authorized hereunder, Council must provide its approval.
(6) These procedures are not intended to be formal bidding requirements, but rather an informal procedure to determine the best contractor to whom a contract should be awarded.
(b) Any contract for professional services valued at less than seventy-five thousand dollars ($75,000) may be awarded without advertising for bids or soliciting for proposals, upon recommendation of the Mayor and approval by Council.
(c) The City shall be exempt from the provisions of Ohio R.C. 153.65 to 153.71, which are waived and inapplicable.
(d) This section shall not be construed to apply to the appointment of City department heads.
(e) The following shall be excepted from the requirements of this section:
(1) Any contract with or service provided by the City Law Director;
(2) Any contract with or service provided by the City Prosecutor;
(3) Any contract with or service provided by legal counsel appointed by or through an insurance or indemnity company to provide services or a defense on the City's behalf;
(4) Any contract with or service provided by the State Auditor or its designee;
(5) Any contract in which a product and/or service is unique or so rare or so specialized that there can be no true competition;
(6) Any contract or service with a vendor named by Council on an Approved Vendor List, as hereafter described.
(f) In connection with legal counsel hired to perform professional services relating to the negotiation of a collective bargaining agreement and/or labor-contract ("Union Counsel"), such Union Counsel shall be selected in accordance with the procedures set forth in subsection (a), and said procedures shall be conducted and selection of Union Counsel made not less frequently than once every five (5) years.
(g) Each calendar year, Council may publish an Approved Vendor List by ordinance, which shall be in effect for the period of time established in such ordinance.
(h) It shall be a violation of the professional service bidding requirements of this section to split a transaction into smaller dollar amounts by delaying, staggering purchases, and/or using multiple staff members to purchase the same or related items. For purposes of this section, the value of a professional services contract shall be measured by the aggregate expenditures made over a twelve (12) month period.
(i) The professional services bidding requirements may be waived by City Council either by ordinance or by motion.
(j) Notwithstanding any provision herein, this section shall not apply to the work of the City Engineer until December 31, 2023, or until further action of Council.
(1982 Code, § 163.02) (Ord. 88-06. Passed 6-28-1988; Ord. 2023-07. Passed 2-6-2023; Ord. 2023-13. Passed 4-3-2023; Ord. 2024-19. Passed 5-6-2024.)