E.
Formal bidding shall not be required in any of the following situations, which shall constitute exceptions to the general rule set forth above in subsection (A), regardless of the probable cost or obligation to be incurred:
1.
Public emergency declared in a resolution by a four-fifths vote of Council;
2.
Where proximity of the supplier and/or immediate availability of the product or service is a determinative factor;
3.
Where special or unusual circumstances make it advisable that the City deal with a particular Vendor on a sole-source basis;
4.
Where a contract has already been entered into and a change order is sought for additional items or services, so long as all such change orders on a particular contract do not exceed twenty five percent (25%) of the original contract amount;
5.
Participation in state contracts arranged by the Office of State Purchasing (part of the Ohio Department of Administrative Services) pursuant to Ohio Revised Code Section 125.04, or any other governmental cooperative purchasing program;
6.
Where a purchase or contract can be obtained locally at a price below the price offered under a governmental cooperative purchasing program;
7.
Contracts for professional or personal services;
8.
Contracts for insurance, employee benefits, or other products or services where the purchase price or rates have been obtained through the services of a broker hired or contracted by the City;
8. 9.
Any other situation in which Council declares, by resolution, that the best interests of the City would be served by dispensing with the requirement of formal bidding for a particular purchase or contract; and
9. 10.
Any other exception in this chapter or allowed by the Charter or Ohio law.
SECTION II.
It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio Revised Code, Sec. 121.22.
SECTION III.
This ordinance shall take effect as of the earliest date permitted by law.
PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this _______ day of ____________, 2021.
Mayor William D. Duncan
ATTEST:
Clerk of Council
TO THE CLERK:
Please publish by incorporating into the Codified Ordinances of the city.
City Attorney Robert F. Jacques