An Ordinance

AN ORDINANCE

BY:

NO.

AMENDING SECTION 145.04, FORMAL BIDDING PROCEDURES, OF THE OAKWOOD ADMINISTRATIVE CODE TO CLARIFY THAT CERTAIN BROKERED PURCHASES AND CONTRACTS ARE EXEMPT FROM FORMAL BIDDING REQUIREMENTS.

WHEREAS, Chapter 145 of the Oakwood Administrative Code governs all city purchases and contracts, and is intended as an exercise of the City’s power of local self-government pursuant to Section 1.02 of the City Charter and Section 3, Article XVIII of the Constitution of the State of Ohio; and

WHEREAS, Administrative Code Section 145.04(E) provides an exception to formal bidding requirements for certain kinds of purchases and contracts, where, because of the nature of such purchase or contract, there are inherent assurances to ensure fair and reasonable pricing and the prudent, responsible use of public resources; and

WHEREAS, the city has a long-standing practice of obtaining insurance and other employee benefits through the services of brokers who are familiar with the local market and who, by contract with the city, have a fiduciary duty to act in the best interests of the city; and

WHEREAS, these broker service contracts have always been exempt from competitive bidding as contracts for professional or personal services, but the Law Director has recommended a clarification to ensure that the underlying employee benefit contracts are also clearly exempted; and

WHEREAS, Council accepts the Law Director’s recommendation and desires to amend Section 145.04(E) accordingly;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

Section 145.04, Formal Bidding Procedures, of the Oakwood Administrative Code, is hereby amended to read as follows, with new text in bold font and deleted text in ~~strikethrough~~ font:

145.04 FORMAL BIDDING PROCEDURES

Formal sealed bids shall be used to determine the lowest and best responsible Vendor for the awarding of any purchase or contract that is subject to formal bidding under Section 145.03(B).

Formal bids shall be solicited by publishing an advertisement once a week, for not less than two weeks, in a newspaper of general circulation in the City. The advertisement shall set forth the day, hour and place of the bid opening, and shall provide contact information for the person or department responsible for distributing specifications and/or bidding instructions. If, in the discretion of the Purchasing and Contracting Agent, publication in a professional or trade publication or internet website is more likely to attract bidders appropriate to the City’s need or purpose, publication may be made in that forum instead, for a similar duration.

Each bid must conform to the following general requirements:

Each bid shall contain the full name of each person or company interested therein;

Each bid shall be accompanied by appropriate bid security; and

No bid may be altered or modified after it has been delivered to the City.

The City may establish prequalifications or prerequisites for bidders, including but not limited to references and a statement of similar work previously performed.