144.03 EXCEPTIONS AND ALTERNATIVES TO COMPETITIVE BIDDING
   (a)   The following are exceptions or alternatives to competitive bidding requirements set forth in Section 144.02(a):
      (1)   Professional Services. Contracts for professional services requiring training or expertise to an advanced, specialized, or significant degree, such as services performed by attorneys, architects, engineers, accountants, physicians, insurance agents/brokers, and or third party administrators are not subject to competitive bidding requirements and shall not require further legislative authorization where the operating budget provides sufficient funding.
      (2)   Cooperative Purchasing. Contracts for goods or services made through cooperative purchasing programs, whether operated by a public or private entity, are not subject to competitive bidding requirements.
      (3)   Intergovernmental Purchases. Contracts for the purchase of goods from the federal government, the state, a county or contracting authority of a county, a board of education, a township, or another municipal corporation are not subject to competitive bidding requirements.
      (4)   Design Build. Design-Build construction projects let under procedures established by the City Manager are not subject to competitive bidding requirements.
      (5)   Construction-Manager-At-Risk. Construction-Manager-At-Risk construction projects let under procedures established by the City Manager are not subject to competitive bidding requirements.
      (6)   No Bid or Rejected Bids. If, after advertisement as provided in this Chapter, no bids are received or if all bids are rejected, the City Manager may either seek new, competitive bids, or solicit proposals and/or quotes, negotiate the terms, conditions and other relevant factors to obtain a contract advantageous and beneficial to the City.
      (7)   Emergencies. In the event of an emergency, the City Manager may enter into a contract for the construction of a public improvement or the purchase of equipment, supplies or materials that is estimated to exceed the amount specified in Section 9.17 of the Ohio Revised Code without competitive bidding. In such case, the City Manager shall report the facts to Council at its next meeting.
      (8)   Waiver by Council. In addition to the provided contained in items (1) through (7) herein, by vote of not less than five (5) members, Council may waive the competitive bidding requirement if Council determines that a waiver of the competitive bidding requirement is in the best interest of the City. (Ord. 12-2023. Passed 9-18-23.)