Purchase contracts may be entered into and performed without following formal source selection requirements if the following conditions exist:
(a) Professional services. Source selection for professional services is not subject to formal source selection and a purchase contract awarded therefrom shall not require further legislative authorization where funds have been appropriated by Council for such services. Additionally, contracts for professional design firms and services are not subject to the provisions of R.C. §§ 153.65 through 153.70.
(b) Crisis situation. In the event of the occurrence of any crisis, including any breakage or any loss of equipment, or other circumstances which could not reasonably be anticipated, whereby any necessary regular service is or is about to be interrupted, or whereby the City will suffer any great and continuing loss, the City Manager may enter into a purchase contract for the necessary repairs, replacements or other goods or services, or both, to restore or maintain such service or to avert or terminate such loss, without solicitation or formal source selection, and in such amount as may in the circumstances be necessary. The City Manager shall, at the next meeting of Council thereafter, render a full report of all the circumstances and actions in the premises.
(c) Utility services. Source selection for the purchase of utilities such as natural gas, gasoline or diesel fuel, communication services (including telephone, cellular and data services), or electricity is not subject to formal source selection and a purchase contract awarded therefrom shall not require legislative authorization where funds have been appropriated by Council for such services.
(d) Insurance. Source selection for the acquisition of insurance coverage is not subject to formal source selection and a purchase contract awarded therefrom shall not require further legislative authorization where funds have been appropriated by Council for such purchases.
(e) Hardware and software maintenance, license, and hosting agreements. Source selection for the maintenance, license, and hosting of proprietary hardware and software applications, where such services can only be purchased from the manufacturer or manufacturer's authorized representative, is not subject to formal source selection and a purchase contract awarded therefrom shall not require legislative authorization where funds have been appropriated by council for such services.
(f) Intergovernmental purchases. Source selection for the acquisition of goods and services directly from another political subdivision, the State of Ohio, or the United States government is not subject to formal source selection and a purchase contract awarded therefrom shall not require legislative authorization where funds have been appropriated by Council for such purchases.
(g) Qualifications based selection. In rare instances where the City Manager determines that the use of competitive sealed bidding is not practicable or not advantageous to the city in awarding a purchase contract for construction services, due to complex coordination issues or the need to adhere to strict time constraints, a qualifications based source selection method may be utilized in place of formal source selection where funds have been approved by Council for such purposes. Qualifications based selection is multi-step source selection process where a request for proposal is only sent to offerors that have been pre-qualified based on their response to the criteria set forth in a request for qualifications. Purchase contracts resulting from qualifications based selection shall be awarded by motion, adopted by Council and entered in to the minutes of Council. Qualifications based sources selection methods available to the City include design-build and construction manager at risk.
(h) Contractual maintenance services. Source selection for routine maintenance and janitorial services, such as those needed for the ongoing upkeep of City facilities, is not subject to formal source selection. Provided that there is no conflict with established personnel rules, regulations and procedures, and where funds have been appropriated by Council for such services, a purchase contract for routine maintenance services may be awarded by informal source selection methods. No further legislative authorization shall be required.
(i) Case by case authorization. Council, by motion, may suspend formal source selection requirements for the award of purchase contracts on a case by case basis in certain circumstances which include, but are not limited to, the following:
(1) Source selection where the product, plans and/or purchase may be met by only one supplier (a “sole source supplier”) and, accordingly, where formal source selection serves no valid municipal purpose;
(2) Source selection where the price for the item to be purchased from a third-party has been established by the federal Government, State of Ohio, another governmental entity, or the competitive efforts of a cooperative government purchasing program;
(3) Source selection for proprietary computer software programs;
(4) Source selection for goods, services and construction where Council determines that certain factors such as quality, standardization, warranty, trust and/or compatibility are of greater importance than price; or
(5) Source selection for the purchase of used equipment or supplies at an auction open to the public or at a sale at which such used equipment or supplies are to be sold.
(Ord. 03-23. Passed 7-1-03; Ord. 2011-04. Passed 2-15-11; Ord. 2015-33. Passed 10-20-15.)