(a) Procedures. The Village Manager shall act as Purchasing Agent for the Village, making all purchases required by the Village and selling unused, worn-out, surplus or obsolete equipment and materials.
Whenever it is deemed necessary or desirable that supplies, materials or equipment be purchased or secured, requisitions therefor shall be submitted to the Purchasing Agent, specifying the nature of the purchase desired, the quantity required and the performance requirements to be met. Upon receipt of any such requisition, the Purchasing Agent shall inquire of potential suppliers as to the cost of such purchase, in the form of informal offers to supply the items required.
If the probable cost thereof will be thirty thousand dollars ($30,000) or more, the Purchasing Agent shall resort to formal bidding, as hereinafter provided. If the probable cost will be less than thirty thousand dollars ($30,000), the Purchasing Agent may award the purchase to the supplier offering the lowest and best bid among the informal bidders, provided that if the cost will be thirty thousand dollars ($30,000) or more, at least two informal bids, or a statement as to why two bids are not available, shall be secured in writing.
(b) Formal Bidding. Whenever formal bidding is necessary by reason of the probable amount involved, the Purchasing Agent shall prepare or cause to be prepared specifications for the article required and shall advertise the requirements of the Village at least once in a newspaper of general circulation in the Village and inviting the tender of bids in writing for the furnishing of such requirements, such bids to be publicly opened not less than thirty days following the date of the first advertisement, at a time and place specified in the published notice. The bids shall be opened and read publicly by the Purchasing Agent. An investigation of the responsibility of the bidders shall be made if the Village Manager deems it necessary.
The Manager shall report to Council the bids and the results of any investigation of the responsibility of the bidders and shall recommend to Council the selection of the lowest and best bid, or, if he or she determines that the interest of the Village would be better served, the rejection of all bids.
No contract for the purchase of articles at a cost of thirty thousand dollars ($30,000) or more shall be made unless Council has, by ordinance or resolution, authorized and directed the Village Manager to do so. Contracts for the purchase of articles costing thirty thousand dollars ($30,000) or more shall be approved as to form by the Village Solicitor and certified as to the availability of funds.
(c) Purchase Orders. Whenever informal bidding is followed pursuant to this section, the Purchasing Agent shall prepare a purchase order addressed to the successful bidder, directing him or her to supply the goods required in accordance with the terms agreed upon.
(d) Inspection. The Purchasing Agent shall inspect or supervise the inspection of all deliveries of supplies, materials or equipment to determine their conformance with the specifications set forth or referred to in the order or contract.
(e) Execution of Contracts. Unless otherwise specifically stated by a resolution or ordinance of Council, all contracts made by and on behalf of the Village shall be executed by the signature of the Village Manager.
(f) Exceptions. In the event of disaster or other emergency, if purchases of supplies, materials or equipment must be made immediately without an opportunity for following the procedures set forth herein or for Council approval, the Village Manager is authorized to make necessary purchases in excess of thirty thousand dollars ($30,000) to protect the public health, safety and welfare without complying with the procedures outlined in this section. In the event of such emergency purchases, the Village Manager shall report the details of the purchases to Council at the earliest possible regular meeting. Competitive procedures under this chapter are not required in any part of the following circumstances:
(1) The purchase consists of goods or services or any combination thereof, and after reasonable inquiry, the Village Manager finds that only source of supply is reasonably available;
(2) The expenditure is for the renewal or renegotiation of a lease or license for telecommunications or electronic data processing equipment, services or systems, or for the upgrade of such equipment, services or systems, and for the maintenance therefor as supplied by the original source or its successors or assigns; if such services were competitively bid in the last three years;
(3) The purchase of goods or services is made from another political subdivision, public agency, the State, or the Federal government, or as a third party beneficiary under estate or Federal procurement contract;
(4) The purchase substantially involves services of a personal, professional, highly technical or scientific nature, including, but not limited to the services of an attorney, physician, appraiser, investigator, court reporter, adjuster, consultant or licensed broker, or involves the special skills or proprietary knowledge required for the servicing of specialized equipment owned by the City;
(5) Services or supplies are available from a qualified nonprofit agency pursuant to Ohio R.C. 4115.31 through 4115.35; and
(6) The purchase consists of goods or services of a public utility.
In such instances the Village Manager shall determine appropriate procurement processes to follow and shall advise Council of such purchases at the earliest available time.
(g) Contracts for Services. If the probable cost of services to be contracted for by the Village will be thirty thousand dollars ($30,000) or more, the Village Manager, as Purchasing Agent, shall institute formal bidding procedures in the same manner as set forth above in division (b) of this section. Competitive bidding shall not be required for contracts for services of less than thirty thousand dollars ($30,000).
(h) Contracts for Professional Design Firm Services. Contracts for professional design firm services are governed by the provisions of division (g) of this section. In addition, professional services of “professional design firms” are governed by Ohio R.C. 153.65 through 153.71. Under the Ohio Revised Code, the professional design services of architects, landscape architects, professional engineers and surveyors must follow a designated qualification selection process outlined in the Ohio Revised Code. The dollar level is set by State law and will vary from time to time. The Village Manager shall utilize this same basic mechanism for all professional design service contracts above thirty thousand dollars ($30,000). The Village Council shall approve all such contracts above thirty thousand dollars ($30,000).
(1971 Code §133.01; Ord. 91-4. Passed 4-15-91; Ord. 99-12. Passed 12-20-99; Ord. 2000-6. Passed 4-17-00; Ord. 2005-04. Passed 3-21-05; Ord. 2015-33. Passed 12-21-15.)