(a) Contracts or agreements which involve the expenditure of less than the amount of the Mayor's spending authority as established from time to time by Council (the "Mayor's Spending Authority") may be made without published notice and without competitive bidding. All City contracts shall be let in accordance with the City's Purchasing Policy, which shall be developed and updated, from time to time, by the City Finance Director.
(b) Contracts in excess of the Mayor's Spending Authority shall require approval of a majority of Council by motion or ordinance.
(c) Except as otherwise excepted herein and under Section 212.02(e), contracts valued at or between the Mayor's spending authority and seventy-four thousand nine hundred ninety-nine dollars ($74,999) shall be let only after the City has obtained at least two (2) bids/price quotations/estimates for such contract. Council encourages the City administration, including the Mayor and department heads, to obtain three (3) bids/price quotations/estimates for such contracts whenever feasible. Nothing herein shall be construed to prohibit acceptance of a bid in any instance where the administration, despite good faith attempts to obtain multiple bids, is only able to obtain one (1) bid.
(d) (1) Except as otherwise excepted herein and under Section 212.02, contracts valued at seventy-five thousand dollars ($75,000) or more shall be let only to the lowest and best bidder after advertising not less than two consecutive weeks on the City's website and in a newspaper of general circulation in the City, or except if there are no qualified bids received after advertising or re-advertising.
(e) The competitive bidding requirements set forth in subsections (c) and (d) hereof shall not apply under the following circumstances:
(1) In the case of a real and present emergency arising in connection with the operation and maintenance of the department of public service (Ohio R.C. 735.051) or in other cases of emergency where the delay incident to competitive bidding would be unreasonable;
(2) In the event of authorization, by ordinance, of purchase of used equipment or supplies at auctions or sales open to the public (Ohio R.C. 735.052);
(3) In the event of authorization, by ordinance, of purchase of material, equipment or supplies from another political subdivision (Ohio R.C. 735.053);
(4) In the event the purchase is made under statutorily recognized purchasing plans including Joint Purchase Programs under Ohio R.C. 9.48(B), State Term Contracts and the Ohio Cooperative Purchasing Program under Ohio R.C. 125.04, and purchases from Councils of Government under Ohio R.C. 167.01 and 167.081;
(5) The competitive bidding requirements are waived by City Council either by ordinance or by motion; and/or
(6) Cases in which a product and/or service is unique or so rare or so specialized that there can be no true competition.
(f) It shall be a violation of the competitive 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 contract shall be measured by the aggregate expenditures made over a twelve (12) month period.
(g) Minority Business Enterprises (MBE), Woman Business Enterprises (F/WBE), Disadvantaged Business Enterprises (DBE) and Small Business Enterprises (SBE) are encouraged to participate and bid on City projects.
(h) The City of University Heights supports diversity and inclusion in its procurement awards, and encourages the utilization of Minority Business Enterprises, Woman Business Enterprises, Disadvantaged Business Enterprises and Small Business Enterprises as prime and subcontractors, and the utilization of women and minority workers on construction projects. In the absence of any other definition, such enterprises shall be defined according to applicable County of Cuyahoga, State of Ohio and/or U.S. guidelines, rules, regulation or laws.
(i) 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.
(Ord. 2018-16. Passed 3-26-2018; Ord. 2023-07. Passed 2-6-2023; Ord. 2023-13. Passed 4-3-2023; Ord. 2024-19. Passed 5-6-2024.)