As Reported by the House Local and Municipal Government and Urban Revitalization Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 268

Representative Seitz 

Cosponsors: Senators Niehaus, Gardner, Schuler, Schuring, Cates, Fedor, Roberts, Buehrer, Harris, Kearney, Mumper, Spada, Wilson 

Representatives Mallory, Newcomb, Chandler, Uecker 

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A BILL

To amend sections 9.48, 125.04, 307.86, 505.10,

1

505.37, 505.376, 511.12, 515.01, 731.14, 971.07,

2

and 3313.46 and to enact section 307.862 of the

3

Revised Code to allow a county contracting

4

authority to use competitive sealed proposals

5

instead of competitive sealed bidding when doing

6

so would be advantageous to the county, to modify

7

provisions concerning a county contracting

8

authority's purchase of certain insurance policies

9

or health care plans, to extend the current

10

county and township joint purchasing authority to

11

other political subdivisions and exempt county

12

participants from competitive bidding

13

requirements, to authorize boards of education

14

to forgo the second newspaper publication of bid

15

advertisement in lieu of an internet web site

16

posting, and to change notice requirements for

17

other local government purposes.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.48, 125.04, 307.86, 505.10,	19
505.37, 505.376, 511.12, 515.01, 731.14, 971.07, and 3313.46 be	20
amended and section 307.862 of the Revised Code be enacted to	21
read as follows:	22

Sec. 9.48. (A) As used in this section, "political	23
subdivision" has the same meaning as in section 2744.01 of the	24
Revised Code and includes a county hospital as defined in section	25
339.01 of the Revised Code.	26

(B) A county or townshippolitical subdivision may do any of	27
the following:	28

(1) Permit one or more other counties or townshipspolitical	29
subdivisions to participate in contracts into which it has entered	30
for the acquisition of equipment, materials, supplies, or	31
services, and may charge such participating counties or townships	32
political subdivisions a reasonable fee to cover any additional	33
costs incurred as a result of their participation;	34

(2) Participate in a joint purchasing program operated by or	35
through a national or state association of political subdivisions	36
in which the purchasing county or townshippolitical subdivision	37
is eligible for membership.	38

(3) Participate in contract offerings from the federal	39
government that are available to a county or townshippolitical	40
subdivision including, but not limited to, contract offerings from	41
the general services administration.	42

(B)(C) Acquisition by a county or townshippolitical	43
subdivision of equipment, material, supplies, or services, through	44
participation in a contract of another county or township	45
political subdivision or participation in an association program	46
under division (A)(B)(1) or (2) of this section, is exempt from	47
any competitive selection requirements otherwise required by law,	48
if the contract in which it is participating was awarded pursuant	49
to a publicly solicited request for a proposal or a competitive	50
selection procedure of another political subdivision within this	51
state or in another state. Acquisition by a county or township	52
political subdivision of equipment, materials, supplies, or	53
services pursuant to division (A)(B)(3) of this section is exempt	54
from any competitive selection requirements otherwise required by	55
law. No county or townshippolitical subdivision shall acquire	56
equipment, materials, supplies, or services by participating in a	57
contract under this section if it has received bids for such	58
acquisition, unless its participation enables it to make the	59
acquisition upon the same terms, conditions, and specifications at	60
a lower price.	61

(C)(D) A county or townshippolitical subdivision that is	62
eligible to participate in a joint purchasing program operated by	63
or through a national or state association of political	64
subdivisions in which the purchasing county or townshippolitical	65
subdivision is eligible for membership may purchase supplies or	66
services from another party, including another political	67
subdivision, instead of through participation in contracts	68
authorized by division (A)(B)(2) of this section if the county or	69
townshippolitical subdivision can purchase those supplies or	70
services from the other party upon equivalent terms, conditions,	71
and specifications but at a lower price than it can through those	72
contracts. Purchases that a county or townshippolitical	73
subdivision makes under this division are exempt from any	74
competitive selection procedures otherwise required by law. A	75
county or townshippolitical subdivision that makes any purchase	76
under this division shall maintain sufficient information	77
regarding the purchase to verify that the county or townshipit	78
satisfied the conditions for making a purchase under this	79
division. Nothing in this division restricts any action taken by a	80
county or townshippolitical subdivision as authorized by division	81
(A)(B)(1) of this section.	82

(E) The authorization granted to a municipal corporation	83
under this section shall be in addition to, and not in derogation	84
of, the powers and authority granted by state law, the Ohio	85
Constitution, and the provisions of a municipal charter,	86
ordinance, or resolution.	87

Sec. 125.04.  (A) Except as provided in division (D) of this	88
section, the department of administrative services shall determine	89
what supplies and services are purchased by or for state	90
agencies. Whenever the department of administrative services	91
makes any change or addition to the lists of supplies and	92
services that it determines to purchase for state agencies, it	93
shall provide a list to the agencies of the changes or additions	94
and indicate when the department will be prepared to furnish each	95
item listed. Except for the requirements of division (B) of	96
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	97
125.09 to 125.15 of the Revised Code do not apply to or affect the	98
educational institutions of the state. The department shall not	99
include the bureau of workers' compensation in the lists of	100
supplies, equipment, and services purchased and furnished by the	101
department.	102

Nothing in this division precludes the bureau from entering	103
into a contract with the department for the department to perform	104
services relative to supplies, equipment, and services contained	105
in this division for the bureau.	106

(B)(1) As used in this division:

107

(a) "Emergency medical service organization" has the same	108
meaning as in section 4765.01 of the Revised Code.	109

(b) "Political subdivision" means any county, township,	110
municipal corporation, school district, conservancy district,	111
township park district, park district created under Chapter 1545.	112
of the Revised Code, regional transit authority, regional airport	113
authority, regional water and sewer district, or port authority.	114
"Political subdivision" also includes any other political	115
subdivision described in the Revised Code that has been approved	116
by the department to participate in the department's contracts	117
under this division.	118

(c) "Private fire company" has the same meaning as in section	119
9.60 of the Revised Code.	120

(2) Subject to division (C) of this section, the department	121
of administrative services may permit a political subdivision,	122
county board of elections, private fire company, or private,	123
nonprofit emergency medical service organization to participate	124
in contracts into which the department has entered for the	125
purchase of supplies and services. The department may charge the	126
entity a reasonable fee to cover the administrative costs the	127
department incurs as a result of participation by the entity in	128
such a purchase contract.	129

A political subdivision desiring to participate in such	130
purchase contracts shall file with the department a certified copy	131
of an ordinance or resolution of the legislative authority or	132
governing board of the political subdivision. The resolution or	133
ordinance shall request that the political subdivision be	134
authorized to participate in such contracts and shall agree that	135
the political subdivision will be bound by such terms and	136
conditions as the department prescribes and that it will directly	137
pay the vendor under each purchase contract. A board of elections	138
desiring to participate in such purchase contracts shall file	139
with the purchasing authority a written request for inclusion in	140
the program. A private fire company or private, nonprofit	141
emergency medical service organization desiring to participate in	142
such purchase contracts shall file with the department a written	143
request for inclusion in the program signed by the chief officer	144
of the company or organization. A request for inclusion shall	145
include an agreement to be bound by such terms and conditions as	146
the department prescribes and to make direct payments to the	147
vendor under each purchase contract.	148

The department shall include in its annual report an	149
estimate of the cost it incurs by permitting political	150
subdivisions, county boards of elections, private fire companies,	151
and private, nonprofit emergency medical service organizations to	152
participate in contracts pursuant to this division. The department	153
may require such entities to file a report with the department,	154
as often as it finds necessary, stating how many such contracts	155
the entities participated in within a specified period of time,	156
and any other information the department requires.	157

(3) Purchases made by a political subdivision or a county	158
board of elections under this division are exempt from any	159
competitive selection procedures otherwise required by law. No	160
political subdivision shall make any purchase under this division	161
when bids have been received for such purchase by the subdivision,	162
unless such purchase can be made upon the same terms, conditions,	163
and specifications at a lower price under this division.	164

(C) A political subdivision as defined in division (B) of	165
this section or a county board of elections may purchase supplies	166
or services from another party, including a political	167
subdivision, instead of through participation in contracts	168
described in division (B) of this section if the political	169
subdivision or county board of elections can purchase those	170
supplies or services from the other party upon equivalent terms,	171
conditions, and specifications but at a lower price than it can	172
through those contracts. Purchases that a political subdivision or	173
county board of elections makes under this division are exempt	174
from any competitive selection procedures otherwise required by	175
law. A political subdivision or county board of elections that	176
makes any purchase under this division shall maintain sufficient	177
information regarding the purchase to verify that the political	178
subdivision or county board of elections satisfied the conditions	179
for making a purchase under this division. Nothing in this	180
division restricts any action taken by a county or township as	181
authorized by division (A)(B)(1) of section 9.48 of the Revised	182
Code.	183

(D) This section does not apply to supplies or services	184
required by the legislative or judicial branches, the capitol	185
square review and advisory board, the adjutant general, to	186
supplies or services purchased by a state agency directly as	187
provided in division (A) or (E) of section 125.05 of the Revised	188
Code, to purchases of supplies or services for the emergency	189
management agency as provided in section 125.023 of the Revised	190
Code, or to purchases of supplies or services for the department	191
of rehabilitation and correction in its operation of the program	192
for the employment of prisoners established under section 5145.16	193
of the Revised Code that shall be made pursuant to rules adopted	194
by the director of administrative services and the director of	195
rehabilitation and correction in accordance with Chapter 119. of	196
the Revised Code. The rules may provide for the exemption of the	197
program for the employment of prisoners from the requirements of	198
division (A) of this section.	199

Sec. 307.86.  Anything to be purchased, leased, leased with	200
an option or agreement to purchase, or constructed, including, but	201
not limited to, any product, structure, construction,	202
reconstruction, improvement, maintenance, repair, or service,	203
except the services of an accountant, architect, attorney at law,	204
physician, professional engineer, construction project manager,	205
consultant, surveyor, or appraiser, by or on behalf of the county	206
or contracting authority, as defined in section 307.92 of the	207
Revised Code, at a cost in excess of twenty-five thousand dollars,	208
except as otherwise provided in division (D) of section 713.23 and	209
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	210
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	211
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	212
be obtained through competitive bidding. However, competitive	213
bidding is not required when any of the following applies:	214

(A) The board of county commissioners, by a unanimous vote of	215
its members, makes a determination that a real and present	216
emergency exists, and that determination and the reasons for it	217
are entered in the minutes of the proceedings of the board, when	218
either of the following applies:	219

(1) The estimated cost is less than fifty thousand dollars.

220

(2) There is actual physical disaster to structures, radio	221
communications equipment, or computers.	222

For purposes of this division, "unanimous vote" means all	223
three members of a board of county commissioners when all three	224
members are present, or two members of the board if only two	225
members, constituting a quorum, are present.	226

Whenever a contract of purchase, lease, or construction is	227
exempted from competitive bidding under division (A)(1) of this	228
section because the estimated cost is less than fifty thousand	229
dollars, but the estimated cost is twenty-five thousand dollars or	230
more, the county or contracting authority shall solicit informal	231
estimates from no fewer than three persons who could perform the	232
contract, before awarding the contract. With regard to each such	233
contract, the county or contracting authority shall maintain a	234
record of such estimates, including the name of each person from	235
whom an estimate is solicited. The county or contracting authority	236
shall maintain the record for the longer of at least one year	237
after the contract is awarded or the amount of time the federal	238
government requires.	239

(B)(1) The purchase consists of supplies or a replacement or	240
supplemental part or parts for a product or equipment owned or	241
leased by the county, and the only source of supply for the	242
supplies, part, or parts is limited to a single supplier.	243

(2) The purchase consists of services related to information	244
technology, such as programming services, that are proprietary or	245
limited to a single source.	246

(C) The purchase is from the federal government, the state,	247
another county or contracting authority of another county, or a	248
board of education, township, or municipal corporation.	249

(D) The purchase is made by a county department of job and	250
family services under section 329.04 of the Revised Code and	251
consists of family services duties or workforce development	252
activities or is made by a county board of mental retardation and	253
developmental disabilities under section 5126.05 of the Revised	254
Code and consists of program services, such as direct and	255
ancillary client services, child care, case management services,	256
residential services, and family resource services.	257

(E) The purchase consists of criminal justice services,	258
social services programs, family services, or workforce	259
development activities by the board of county commissioners from	260
nonprofit corporations or associations under programs funded by	261
the federal government or by state grants.	262

(F) The purchase consists of any form of an insurance policy	263
or contract authorized to be issued under Title XXXIX of the	264
Revised Code or any form of health care plan authorized to be	265
issued under Chapter 1751. of the Revised Code, or any combination	266
of such policies, contracts, or plans, or services that the	267
contracting authority is authorized to purchase, and the	268
contracting authority does all of the following:	269

(1) Determines that compliance with the requirements of this	270
section would increase, rather than decrease, the cost of the	271
purchase;	272

(2) Employs a competent consultant to assist the contracting	273
authority in procuring appropriate coverages at the best and	274
lowest prices;	275

(3) Requests issuers of the policies, contracts, or plans, or	276
services to submit proposals to the contracting authority, in a	277
form prescribed by the contracting authority, setting forth the	278
coverage and cost of the policies, contracts, or plans, or	279
services as the contracting authority desires to purchase;	280

(4)(3) Negotiates with the issuers for the purpose of	281
purchasing the policies, contracts, or plans, or services at the	282
best and lowest price reasonably possible.	283

(G) The purchase consists of computer hardware, software, or	284
consulting services that are necessary to implement a computerized	285
case management automation project administered by the Ohio	286
prosecuting attorneys association and funded by a grant from the	287
federal government.	288

(H) Child care services are purchased for provision to county	289
employees.	290

(I)(1) Property, including land, buildings, and other real	291
property, is leased for offices, storage, parking, or other	292
purposes, and all of the following apply:	293

(a) The contracting authority is authorized by the Revised	294
Code to lease the property.	295

(b) The contracting authority develops requests for proposals	296
for leasing the property, specifying the criteria that will be	297
considered prior to leasing the property, including the desired	298
size and geographic location of the property.	299

(c) The contracting authority receives responses from	300
prospective lessors with property meeting the criteria specified	301
in the requests for proposals by giving notice in a manner	302
substantially similar to the procedures established for giving	303
notice under section 307.87 of the Revised Code.	304

(d) The contracting authority negotiates with the prospective	305
lessors to obtain a lease at the best and lowest price reasonably	306
possible considering the fair market value of the property and any	307
relocation and operational costs that may be incurred during the	308
period the lease is in effect.	309

(2) The contracting authority may use the services of a real	310
estate appraiser to obtain advice, consultations, or other	311
recommendations regarding the lease of property under this	312
division.	313

(J) The purchase is made pursuant to section 5139.34 or	314
sections 5139.41 to 5139.46 of the Revised Code and is of programs	315
or services that provide case management, treatment, or prevention	316
services to any felony or misdemeanant delinquent, unruly youth,	317
or status offender under the supervision of the juvenile court,	318
including, but not limited to, community residential care, day	319
treatment, services to children in their home, or electronic	320
monitoring.	321

(K) The purchase is made by a public children services agency	322
pursuant to section 307.92 or 5153.16 of the Revised Code and	323
consists of family services, programs, or ancillary services that	324
provide case management, prevention, or treatment services for	325
children at risk of being or alleged to be abused, neglected, or	326
dependent children.	327

(L) The purchase is to obtain the services of emergency	328
medical service organizations under a contract made by the board	329
of county commissioners pursuant to section 307.05 of the Revised	330
Code with a joint emergency medical services district.	331

(M) The county contracting authority determines that the use	332
of competitive sealed proposals would be advantageous to the	333
county and the contracting authority complies with section 307.862	334
of the Revised Code.	335

Any issuer of policies, contracts, or plans, or services	336
listed in division (F) of this section and any prospective lessor	337
under division (I) of this section may have the issuer's or	338
prospective lessor's name and address, or the name and address of	339
an agent, placed on a special notification list to be kept by the	340
contracting authority, by sending the contracting authority that	341
name and address. The contracting authority shall send notice to	342
all persons listed on the special notification list. Notices shall	343
state the deadline and place for submitting proposals. The	344
contracting authority shall mail the notices at least six weeks	345
prior to the deadline set by the contracting authority for	346
submitting proposals. Every five years the contracting authority	347
may review this list and remove any person from the list after	348
mailing the person notification of that action.	349

Any contracting authority that negotiates a contract under	350
division (F) of this section shall request proposals and	351
renegotiatenegotiate with issuers in accordance with that	352
division at least every three years from the date of the signing	353
of such a contract, unless the parties agree upon terms for	354
extensions or renewals of the contract. Such extension or renewal	355
periods shall not exceed six years from the date the initial	356
contract is signed.	357

Any consultant employed pursuant to division (F) of this	358
section and any real estate appraiser employed pursuant to	359
division (I) of this section shall disclose any fees or	360
compensation received from any source in connection with that	361
employment.	362

Sec. 307.862.  (A) When a county contracting authority uses	363
competitive sealed proposals pursuant to section 307.86 of the	364
Revised Code, the county contracting authority shall do all of the	365
following:	366

(1) Develop factors and criteria to evaluate each proposal,	367
specify the relative importance of each factor or criterion in	368
writing, and describe the evaluation procedures the contracting	369
authority shall follow when awarding a contract to an offeror.	370

(2) Solicit competitive sealed proposals through a request	371
for proposals;	372

(3) Include, at a minimum, all of the information described	373
in division (B) of this section in the request for proposals;	374

(4) Give notice of the request for proposals in the same	375
manner that notice must be given for competitive bidding pursuant	376
to section 307.87 of the Revised Code;	377

(5) Open proposals that the contracting authority receives in	378
a manner that prevents the disclosure of contents of competing	379
offers to competing offerors;	380

(6) Rank each proposal using the factors and criteria the	381
contracting authority develops pursuant to division (A)(1) of this	382
section;	383

(7) If necessary, conduct discussions with offerors for the	384
purpose of ensuring full understanding of, and responsiveness to,	385
the requirements specified in the request for proposals, and	386
accord fair and equal treatment with respect to any opportunity	387
for discussion with offerors to provide any clarification,	388
correction, or revision of proposals;	389

(8) If the contracting authority determines that discussions	390
described in division (A)(7) of this section are necessary, avoid	391
disclosing any information derived from proposals submitted by	392
competing offerors during those discussions;	393

(9) Negotiate with the offeror who submits the proposal that	394
the contracting authority determines is the most advantageous to	395
the county based on the rankings performed by the contracting	396
authority pursuant to division (A)(6) of this section and	397
including any adjustment to those rankings based on discussions	398
conducted pursuant to division (A)(7) of this section;	399

(10) Conduct negotiations with only one offeror at a time;

400

(11) Except as provided in division (F) of this section,	401
award a contract in accordance with division (E) of this section.	402

(B) A contracting authority shall include, at a minimum, all	403
of the following information in the contracting authority's	404
request for proposals:	405

(1) The name and address of the department, office,	406
institution, board, or commission that is requesting to purchase	407
supplies, services, or both;	408

(2) Instructions for offerors to follow when submitting	409
proposals;	410

(3) Instructions governing communications between an offeror	411
and the contracting authority, including, but not limited to, the	412
name, title, and telephone number of the person to whom questions	413
concerning the request for proposals should be directed;	414

(4) A description of the scope of work that the contracting	415
authority requests an offeror to perform or supplies the	416
contracting authority plans to purchase;	417

(5) To the extent possible, a description of the performance	418
criteria the contracting authority shall require an offeror to	419
satisfy, including but not limited to, the quantity of the	420
supplies, services, or both, to be purchased; the requirements the	421
contracting authority shall follow for inspection and acceptance	422
of the supplies, services, or both; and the delivery schedule for	423
each such supply or service;	424

(6) The factors and criteria the contracting authority shall	425
consider in evaluating proposals received;	426

(7) Any terms and conditions that the contracting authority	427
is required by law to include in the contract the contracting	428
authority awards, including any requirement for a bond and the	429
amount required for that bond;	430

(8) The date and time by which, and the place to which an	431
offeror must deliver the offeror's proposal to the contracting	432
authority in order to be considered for the contract;	433

(9) A list of any documents that the contracting authority	434
incorporates by reference in the request for proposals, provided	435
that the contracting authority specifies in the request for	436
proposals that the documents are readily available to all offerors	437
and the location where an offeror may obtain those documents;	438

(10) A statement that includes all of the following	439
information:	440

(a) That the contracting authority reserves the right to	441
reject any proposal in which the offeror takes exception to the	442
terms and conditions of the request for proposals; fails to meet	443
the terms and conditions of the request for proposals, including	444
but not limited to, the standards, specifications, and	445
requirements specified in the request for proposals; or submits	446
prices that the contracting authority considers to be excessive,	447
compared to existing market conditions, or determines exceed the	448
available funds of the contracting authority;	449

(b) That the contracting authority reserves the right to	450
reject, in whole or in part, any proposal that the county	451
contracting authority has determined, using the factors and	452
criteria the contracting authority develops pursuant to division	453
(A)(1) of this section, would not be in the best interest of the	454
county;	455

(c) That the contracting authority may conduct discussions	456
with offerors who submit proposals for the purpose of	457
clarifications or corrections regarding a proposal to ensure full	458
understanding of, and responsiveness to, the requirements	459
specified in the request for proposals.	460

(11) Information concerning any potential partial or multiple	461
party awards that the contracting authority may include in the	462
contract, and a description of the supplies, services, or both	463
that may be subject to a partial award or multiple awards;	464

(12) Any additional information the contracting authority	465
considers necessary for its purposes in determining to whom to	466
award the contract.	467

(C) In order to ensure fair and impartial evaluation,	468
proposals and any documents or other records related to a	469
subsequent negotiation for a final contract that would otherwise	470
be available for public inspection and copying under section	471
149.43 of the Revised Code shall not be available until after the	472
award of the contract.	473

(D) An offeror may withdraw the offeror's proposal at any	474
time prior to the award of a contract. A contracting authority may	475
terminate negotiations with an offeror at any time during the	476
negotiation process if the offeror fails to provide the necessary	477
information for negotiations in a timely manner or fails to	478
negotiate in good faith. If the contracting authority terminates	479
negotiations with an offeror, the contracting authority shall	480
negotiate with the offeror whose proposal is ranked the next most	481
advantageous to the county according to the factors and criteria	482
developed pursuant to division (A)(1) of this section.	483

(E) A county contracting authority may award a contract to	484
the offeror whose proposal is determined to be the most	485
advantageous to the county, taking into consideration the	486
evaluation factors and criteria developed pursuant to division	487
(A)(1) of this section and set forth in the request for proposals.	488
A contracting authority may award a contract in whole or in part	489
to one or more offerors. The contracting authority shall include a	490
written statement in the contract file stating the basis on which	491
the award is made.	492

The contracting authority shall send a written notice to the	493
offeror to whom it wishes to award the contract and shall make	494
that notice available to the public. Within a reasonable time	495
period after the award is made, the contracting authority shall	496
notify all other offerors that the contract has been awarded to	497
another offeror.	498

(F) A contracting authority may cancel or reissue a request	499
for proposals if any of the following apply:	500

(1) The supplies or services offered through all of the	501
proposals submitted to the contracting authority are not in	502
compliance with the requirements, specifications, and terms and	503
conditions set forth in the request for proposals;	504

(2) The prices submitted by the offerors are excessive	505
compared to existing market conditions or exceed the available	506
funds of the contracting authority;	507

(3) The contracting authority determines that award of a	508
contract would not be in the best interest of the county.	509

(G) A county contracting authority shall not use competitive	510
sealed proposals for contracts for construction, design,	511
demolition, alteration, repair, or reconstruction of a building,	512
highway, drainage system, water system, road, street, alley,	513
sewer, ditch, sewage disposal plant, waterworks, and all other	514
structures or works of any nature by a county contracting	515
authority.	516

Sec. 505.10. (A) The board of township trustees may accept,	517
on behalf of the township, the donation by bequest, devise, deed	518
of gift, or otherwise, of any real or personal property for any	519
township use. When the township has property, including motor	520
vehicles, road machinery, equipment, and tools, which the board,	521
by resolution, finds is not needed for public use, is obsolete, or	522
is unfit for the use for which it was acquired, the board may sell	523
and convey that property or otherwise dispose of it in accordance	524
with this section. Except as otherwise provided in sections	525
505.08, 505.101, and 505.102 of the Revised Code, the sale or	526
other disposition of unneeded, obsolete, or unfit-for-use property	527
shall be made in accordance with one of the following:	528

(1) If the fair market value of property to be sold is, in	529
the opinion of the board, in excess of two thousand five hundred	530
dollars, the sale shall be by public auction or by sealed bid to	531
the highest bidder. The board shall publish notice of the time,	532
place, and manner of the sale once a week for threetwo weeks in a	533
newspaper published, or of general circulation, in the township,	534
the last of those publications to be at least five days before the	535
date of sale, and shall post a typewritten or printed notice of	536
the time, place, and manner of the sale in the office of the board	537
for at least ten days prior to the sale. The board may also cause	538
notice to be inserted in trade papers or other publications	539
designated by it or to be distributed by electronic means,	540
including posting the notice on the board's internet web site. If	541
the board posts the notice on its web site, it may eliminate the	542
second notice otherwise required to be published in a newspaper	543
published or of general circulation in the township, provided	544
that the first notice published in such newspaper meets all of	545
the following requirements:	546

(a) It is published at least two weeks before the sale of the	547
property.	548

(b) It includes a statement that the notice is posted on the	549
board's internet web site.	550

(c) It includes the internet address of the board's internet	551
web site.	552

(d) It includes instructions describing how the notice may be	553
accessed on the board's internet web site.	554

If the board conducts the sale of the property by sealed bid,	555
the form of the bid shall be as prescribed by the board, and each	556
bid shall contain the name of the person submitting it. Bids	557
received shall be opened and tabulated at the time stated in the	558
published and posted notices. The property shall be sold to the	559
highest bidder, except that the board may reject all bids and hold	560
another sale, by public auction or sealed bid, in the manner	561
prescribed by this section.	562

(2) If the fair market value of property to be sold is, in	563
the opinion of the board, two thousand five hundred dollars or	564
less, the board may do either of the following:	565

(a) Sell the property by private sale, without advertisement	566
or public notification;	567

(b) Donate the property to an eligible nonprofit organization	568
that is located in this state and is exempt from federal income	569
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	570
any property under this division, the board shall adopt a	571
resolution expressing its intent to make unneeded, obsolete, or	572
unfit-for-use township property available to these organizations.	573
The resolution shall include guidelines and procedures the board	574
considers to be necessary to implement the donation program and	575
shall indicate whether the township will conduct the donation	576
program or the board will contract with a representative to	577
conduct it. If a representative is known when the resolution is	578
adopted, the resolution shall provide contact information such as	579
the representative's name, address, and telephone number.	580

The resolution shall include within its procedures a	581
requirement that any nonprofit organization desiring to obtain	582
donated property under this division shall submit a written notice	583
to the board or its representative. The written notice shall	584
include evidence that the organization is a nonprofit organization	585
that is located in this state and is exempt from federal income	586
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	587
the organization's primary purpose; a description of the type or	588
types of property the organization needs; and the name, address,	589
and telephone number of a person designated by the organization's	590
governing board to receive donated property and to serve as its	591
agent.	592

After adoption of the resolution, the board shall publish, in	593
a newspaper of general circulation in the township, notice of its	594
intent to donate unneeded, obsolete, or unfit-for-use township	595
property to eligible nonprofit organizations. The notice shall	596
include a summary of the information provided in the resolution	597
and shall be published at least twice. The second and any	598
subsequent notice shall be published not less than ten nor more	599
than twenty days after the previous notice. A similar notice also	600
shall be posted continually in the board's office, and, if the	601
township maintains a web site on the internet, the notice shall be	602
posted continually at that web site. The board may also cause	603
notice to be inserted in trade papers or other publications	604
designated by it or to be distributed by electronic means,	605
including posting the notice on the board's internet web site. If	606
the board posts the notice on its web site, it may eliminate the	607
second notice otherwise required to be published in a newspaper	608
of general circulation in the township, provided that the first	609
notice published in such newspaper meets all of the following	610
requirements:	611

(a) It is published at least two weeks before the donation of	612
the property.	613

(b) It includes a statement that the notice is posted on the	614
board's internet web site.	615

(c) It includes the internet address of the board's internet	616
web site.	617

(d) It includes instructions describing how the notice may be	618
accessed on the board's internet web site.	619

The board or its representatives shall maintain a list of all	620
nonprofit organizations that notify the board or its	621
representative of their desire to obtain donated property under	622
this division and that the board or its representative determines	623
to be eligible, in accordance with the requirements set forth in	624
this section and in the donation program's guidelines and	625
procedures, to receive donated property.	626

The board or its representative also shall maintain a list of	627
all township property the board finds to be unneeded, obsolete, or	628
unfit for use and to be available for donation under this	629
division. The list shall be posted continually in a conspicuous	630
location in the board's office, and, if the township maintains a	631
web site on the internet, the list shall be posted continually at	632
that web site. An item of property on the list shall be donated to	633
the eligible nonprofit organization that first declares to the	634
board or its representative its desire to obtain the item unless	635
the board previously has established, by resolution, a list of	636
eligible nonprofit organizations that shall be given priority with	637
respect to the item's donation. Priority may be given on the basis	638
that the purposes of a nonprofit organization have a direct	639
relationship to specific public purposes of programs provided or	640
administered by the board. A resolution giving priority to certain	641
nonprofit organizations with respect to the donation of an item of	642
property shall specify the reasons why the organizations are given	643
that priority.	644

(3) If the board finds, by resolution, that the township has	645
motor vehicles, road machinery, equipment, or tools which are not	646
needed or are unfit for public use, and the board wishes to sell	647
the motor vehicles, road machinery, equipment, or tools to the	648
person or firm from which it proposes to purchase other motor	649
vehicles, road machinery, equipment, or tools, the board may offer	650
to sell the motor vehicles, road machinery, equipment, or tools to	651
that person or firm, and to have the selling price credited to the	652
person or firm against the purchase price of other motor vehicles,	653
road machinery, equipment, or tools.	654

(4) If the board advertises for bids for the sale of new	655
motor vehicles, road machinery, equipment, or tools to the	656
township, it may include in the same advertisement a notice of the	657
willingness of the board to accept bids for the purchase of	658
township-owned motor vehicles, road machinery, equipment, or tools	659
which are obsolete or not needed for public use, and to have the	660
amount of those bids subtracted from the selling price of the new	661
motor vehicles, road machinery, equipment, or tools, as a means of	662
determining the lowest responsible bidder.	663

(5) When a township has title to real property, the board of	664
township trustees, by resolution, may authorize the transfer and	665
conveyance of that property to any other political subdivision of	666
the state upon such terms as are agreed to between the board and	667
the legislative authority of that political subdivision.	668

(6) When a township has title to real property and the board	669
of township trustees wishes to sell or otherwise transfer the	670
property, the board, upon a unanimous vote of its members and by	671
resolution, may authorize the transfer and conveyance of that real	672
property to any person upon whatever terms are agreed to between	673
the board and that person.	674

(7) If the board of township trustees determines that	675
township personal property is not needed for public use, or is	676
obsolete or unfit for the use for which it was acquired, and that	677
the property has no value, the board may discard or salvage that	678
property.	679

(B) When the board has offered property at public auction	680
under this section and has not received an acceptable offer, the	681
board, by resolution, may enter into a contract, without	682
advertising or bidding, for the sale of that property. The	683
resolution shall specify a minimum acceptable price and the	684
minimum acceptable terms for the contract. The minimum acceptable	685
price shall not be lower than the minimum price established for	686
the public auction.	687

(C) Members of the board shall consult with the Ohio ethics	688
commission and comply with the provisions of Chapters 102. and	689
2921. of the Revised Code, with respect to any sale or donation	690
under division (A)(2) of this section to a nonprofit organization	691
of which a township trustee, any member of the township trustee's	692
family, or any business associate of the township trustee is a	693
trustee, officer, board member, or employee.	694

(D) Notwithstanding anything to the contrary in division (A)	695
or (B) of this section and regardless of the property's value, the	696
board may sell personal property, including motor vehicles, road	697
machinery, equipment, tools, or supplies, which is not needed for	698
public use, is obsolete, or is unfit for the use for which it was	699
acquired, by internet auction. The board shall adopt, during each	700
calendar year, a resolution expressing its intent to sell that	701
property by internet auction. The resolution shall include a	702
description of how the auctions will be conducted and shall	703
specify the number of days for bidding on the property, which	704
shall be no less than fifteen days, including Saturdays, Sundays,	705
and legal holidays. The resolution shall indicate whether the	706
township will conduct the auction or the board will contract with	707
a representative to conduct the auction and shall establish the	708
general terms and conditions of sale. If a representative is known	709
when the resolution is adopted, the resolution shall provide	710
contact information such as the representative's name, address,	711
and telephone number.	712

After adoption of the resolution, the board shall publish, in	713
a newspaper of general circulation in the township, notice of its	714
intent to sell unneeded, obsolete, or unfit-for-use township	715
personal property by internet auction. The notice shall include a	716
summary of the information provided in the resolution and shall be	717
published at least twice. The second and any subsequent notice	718
shall be published not less than ten nor more than twenty days	719
after the previous notice. A similar notice also shall be posted	720
continually throughout the calendar year in a conspicuous place in	721
the board's office, and, if the township maintains a web site on	722
the internet, the notice shall be posted continually throughout	723
the calendar year at that web site. The board may also cause	724
notice to be inserted in trade papers or other publications	725
designated by it or to be distributed by electronic means,	726
including posting the notice on the board's internet web site. If	727
the board posts the notice on its web site, it may eliminate the	728
second notice otherwise required to be published in a newspaper	729
of general circulation in the township, provided that the first	730
notice published in such newspaper meets all of the following	731
requirements:	732

(a) It is published at least two weeks before the internet	733
auction begins.	734

(b) It includes a statement that the notice is posted on the	735
board's internet web site.	736

(c) It includes the internet address of the board's internet	737
web site.	738

(d) It includes instructions describing how the notice may be	739
accessed on the board's internet web site.	740

When property is to be sold by internet auction, the board or	741
its representative may establish a minimum price that will be	742
accepted for specific items and may establish any other terms and	743
conditions for the particular sale, including requirements for	744
pick-up or delivery, method of payment, and sales tax. This type	745
of information shall be provided on the internet at the time of	746
the auction and may be provided before that time upon request	747
after the terms and conditions have been determined by the board	748
or its representative.	749

Sec. 505.37.  (A) The board of township trustees may	750
establish all necessary rules to guard against the occurrence of	751
fires and to protect the property and lives of the citizens	752
against damage and accidents, and may, with the approval of the	753
specifications by the prosecuting attorney or, if the township has	754
adopted limited home rule government under Chapter 504. of the	755
Revised Code, with the approval of the specifications by the	756
township's law director, purchase, lease, lease with an option to	757
purchase, or otherwise provide any fire apparatus, mechanical	758
resuscitators, or other equipment, appliances, materials, fire	759
hydrants, and water supply for fire-fighting purposes that seems	760
advisable to the board. The board shall provide for the care and	761
maintenance of fire equipment, and, for these purposes, may	762
purchase, lease, lease with an option to purchase, or construct	763
and maintain necessary buildings, and it may establish and	764
maintain lines of fire-alarm communications within the limits of	765
the township. The board may employ one or more persons to maintain	766
and operate fire-fighting equipment, or it may enter into an	767
agreement with a volunteer fire company for the use and operation	768
of fire-fighting equipment. The board may compensate the members	769
of a volunteer fire company on any basis and in any amount that it	770
considers equitable.	771

When the estimated cost to purchase fire apparatus,	772
mechanical resuscitators, other equipment, appliances, materials,	773
fire hydrants, buildings, or fire-alarm communications equipment	774
or services exceeds fifty thousand dollars, the contract shall be	775
let by competitive bidding. When competitive bidding is required,	776
the board shall advertise once a week for not less than two nor	777
more than four consecutive weeks in a newspaper of general	778
circulation within the township. The board may also cause	779
notice to be inserted in trade papers or other publications	780
designated by it or to be distributed by electronic means,	781
including posting the notice on the board's internet web site. If	782
the board posts the notice on its web site, it may eliminate the	783
second notice otherwise required to be published in a newspaper	784
of general circulation within the township, provided that the	785
first notice published in such newspaper meets all of the	786
following requirements:	787

(a) It is published at least two weeks before the opening of	788
bids.	789

(b) It includes a statement that the notice is posted on the	790
board's internet web site.	791

(c) It includes the internet address of the board's internet	792
web site.	793

(d) It includes instructions describing how the notice may be	794
accessed on the board's internet web site.	795

The advertisement shall include the time, date, and place	796
where the clerk of the township, or the clerk's designee, will	797
read bids publicly. The time, date, and place of bid openings may	798
be extended to a later date by the board of township trustees,	799
provided that written or oral notice of the change shall be given	800
to all persons who have received or requested specifications not	801
later than ninety-six hours prior to the original time and date	802
fixed for the opening. The board may reject all the bids or accept	803
the lowest and best bid, provided that the successful bidder meets	804
the requirements of section 153.54 of the Revised Code when the	805
contract is for the construction, demolition, alteration, repair,	806
or reconstruction of an improvement.	807

(B) The boards of township trustees of any two or more	808
townships, or the legislative authorities of any two or more	809
political subdivisions, or any combination of these, may, through	810
joint action, unite in the joint purchase, lease, lease with an	811
option to purchase, maintenance, use, and operation of	812
fire-fighting equipment, or for any other purpose designated in	813
sections 505.37 to 505.42 of the Revised Code, and may prorate the	814
expense of the joint action on any terms that are mutually agreed	815
upon.	816

(C) The board of township trustees of any township may, by	817
resolution, whenever it is expedient and necessary to guard	818
against the occurrence of fires or to protect the property and	819
lives of the citizens against damages resulting from their	820
occurrence, create a fire district of any portions of the township	821
that it considers necessary. The board may purchase, lease, lease	822
with an option to purchase, or otherwise provide any fire	823
apparatus, appliances, materials, fire hydrants, and water supply	824
for fire-fighting purposes, or may contract for the fire	825
protection for the fire district as provided in section 9.60 of	826
the Revised Code. The fire district so created shall be given a	827
separate name by which it shall be known.	828

Additional unincorporated territory of the township may be	829
added to a fire district upon the board's adoption of a resolution	830
authorizing the addition. A municipal corporation that is within	831
or adjoining the township may be added to a fire district upon the	832
board's adoption of a resolution authorizing the addition and the	833
municipal legislative authority's adoption of a resolution or	834
ordinance requesting the addition of the municipal corporation to	835
the fire district.	836

If the township fire district imposes a tax, additional	837
unincorporated territory of the township or a municipal	838
corporation that is within or adjoining the township shall become	839
part of the fire district only after all of the following have	840
occurred:	841

(1) Adoption by the board of township trustees of a	842
resolution approving the expansion of the territorial limits of	843
the district and, if the resolution proposes to add a municipal	844
corporation, adoption by the municipal legislative authority of a	845
resolution or ordinance requesting the addition of the municipal	846
corporation to the district;	847

(2) Adoption by the board of township trustees of a	848
resolution recommending the extension of the tax to the additional	849
territory;	850

(3) Approval of the tax by the electors of the territory	851
proposed for addition to the district.	852

Each resolution of the board adopted under division (C)(2) of	853
this section shall state the name of the fire district, a	854
description of the territory to be added, and the rate and	855
termination date of the tax, which shall be the rate and	856
termination date of the tax currently in effect in the fire	857
district.	858

The board of trustees shall certify each resolution adopted	859
under division (C)(2) of this section to the board of elections in	860
accordance with section 5705.19 of the Revised Code. The election	861
required under division (C)(3) of this section shall be held,	862
canvassed, and certified in the manner provided for the submission	863
of tax levies under section 5705.25 of the Revised Code, except	864
that the question appearing on the ballot shall read:	865

"Shall the territory within ........................	866
(description of the proposed territory to be added) be added to	867
........................ (name) fire district, and a property tax	868
at a rate of taxation not exceeding ...... (here insert tax rate)	869
be in effect for .......... (here insert the number of years the	870
tax is to be in effect or "a continuing period of time," as	871
applicable)?"	872

If the question is approved by at least a majority of the	873
electors voting on it, the joinder shall be effective as of the	874
first day of July of the year following approval, and on that	875
date, the township fire district tax shall be extended to the	876
taxable property within the territory that has been added. If the	877
territory that has been added is a municipal corporation and if it	878
had adopted a tax levy for fire purposes, the levy is terminated	879
on the effective date of the joinder.	880

Any municipal corporation may withdraw from a township fire	881
district created under division (C) of this section by the	882
adoption by the municipal legislative authority of a resolution or	883
ordinance ordering withdrawal. On the first day of July of the	884
year following the adoption of the resolution or ordinance of	885
withdrawal, the municipal corporation withdrawing ceases to be a	886
part of the district, and the power of the fire district to levy a	887
tax upon taxable property in the withdrawing municipal corporation	888
terminates, except that the fire district shall continue to levy	889
and collect taxes for the payment of indebtedness within the	890
territory of the fire district as it was composed at the time the	891
indebtedness was incurred.	892

Upon the withdrawal of any municipal corporation from a	893
township fire district created under division (C) of this section,	894
the county auditor shall ascertain, apportion, and order a	895
division of the funds on hand, moneys and taxes in the process of	896
collection except for taxes levied for the payment of	897
indebtedness, credits, and real and personal property, either in	898
money or in kind, on the basis of the valuation of the respective	899
tax duplicates of the withdrawing municipal corporation and the	900
remaining territory of the fire district.	901

A board of township trustees may remove unincorporated	902
territory of the township from the fire district upon the adoption	903
of a resolution authorizing the removal. On the first day of July	904
of the year following the adoption of the resolution, the	905
unincorporated township territory described in the resolution	906
ceases to be a part of the district, and the power of the fire	907
district to levy a tax upon taxable property in that territory	908
terminates, except that the fire district shall continue to levy	909
and collect taxes for the payment of indebtedness within the	910
territory of the fire district as it was composed at the time the	911
indebtedness was incurred.	912

(D) The board of township trustees of any township, the board	913
of fire district trustees of a fire district created under section	914
505.371 of the Revised Code, or the legislative authority of any	915
municipal corporation may purchase, lease, or lease with an option	916
to purchase the necessary fire-fighting equipment, buildings, and	917
sites for the township, fire district, or municipal corporation	918
and issue securities for that purpose with maximum maturities as	919
provided in section 133.20 of the Revised Code. The board of	920
township trustees, board of fire district trustees, or legislative	921
authority may also construct any buildings necessary to house	922
fire-fighting equipment and issue securities for that purpose with	923
maximum maturities as provided in section 133.20 of the Revised	924
Code.	925

The board of township trustees, board of fire district	926
trustees, or legislative authority may issue the securities of the	927
township, fire district, or municipal corporation, signed by the	928
board or designated officer of the municipal corporation and	929
attested by the signature of the township fiscal officer, fire	930
district clerk, or municipal clerk, covering any deferred payments	931
and payable at the times provided, which securities shall bear	932
interest not to exceed the rate determined as provided in section	933
9.95 of the Revised Code, and shall not be subject to Chapter 133.	934
of the Revised Code. The legislation authorizing the issuance of	935
the securities shall provide for levying and collecting annually	936
by taxation, amounts sufficient to pay the interest on and	937
principal of the securities. The securities shall be offered for	938
sale on the open market or given to the vendor or contractor if no	939
sale is made.	940

Section 505.40 of the Revised Code does not apply to any	941
securities issued, or any lease with an option to purchase entered	942
into, in accordance with this division.	943

(E) A board of township trustees of any township or a board	944
of fire district trustees of a fire district created under section	945
505.371 of the Revised Code may purchase a policy or policies of	946
liability insurance for the officers, employees, and appointees of	947
the fire department, fire district, or joint fire district	948
governed by the board that includes personal injury liability	949
coverage as to the civil liability of those officers, employees,	950
and appointees for false arrest, detention, or imprisonment,	951
malicious prosecution, libel, slander, defamation or other	952
violation of the right of privacy, wrongful entry or eviction, or	953
other invasion of the right of private occupancy, arising out of	954
the performance of their duties.	955

When a board of township trustees cannot, by deed of gift or	956
by purchase and upon terms it considers reasonable, procure land	957
for a township fire station that is needed in order to respond in	958
reasonable time to a fire or medical emergency, the board may	959
appropriate land for that purpose under sections 163.01 to 163.22	960
of the Revised Code. If it is necessary to acquire additional	961
adjacent land for enlarging or improving the fire station, the	962
board may purchase, appropriate, or accept a deed of gift for the	963
land for these purposes.	964

(F) As used in this division, "emergency medical service	965
organization" has the same meaning as in section 4766.01 of the	966
Revised Code.	967

A board of township trustees, by adoption of an appropriate	968
resolution, may choose to have the Ohio medical transportation	969
board license any emergency medical service organization it	970
operates. If the board adopts such a resolution, Chapter 4766. of	971
the Revised Code, except for sections 4766.06 and 4766.99 of the	972
Revised Code, applies to the organization. All rules adopted	973
under the applicable sections of that chapter also apply to the	974
organization. A board of township trustees, by adoption of an	975
appropriate resolution, may remove its emergency medical service	976
organization from the jurisdiction of the Ohio medical	977
transportation board.	978

Sec. 505.376.  When any expenditure of a fire and ambulance	979
district, other than for the compensation of district employees,	980
exceeds fifty thousand dollars, the contract for the expenditure	981
shall be in writing and made with the lowest and best bidder after	982
advertising once a week for not less than two nor more than four	983
consecutive weeks in a newspaper of general circulation within the	984
district. The board of trustees of a fire and ambulance district	985
may also cause notice to be inserted in trade papers or other	986
publications designated by it or to be distributed by electronic	987
means, including posting the notice on the board's internet web	988
site. If the board posts the notice on its web site, it may	989
eliminate the second notice otherwise required to be published in	990
a newspaper of general circulation within the district, provided	991
that the first notice published in such newspaper meets all of	992
the following requirements:	993

(a) It is published at least two weeks before the opening of	994
bids.	995

(b) It includes a statement that the notice is posted on the	996
board's internet web site.	997

(c) It includes the internet address of the board's internet	998
web site.	999

(d) It includes instructions describing how the notice may be	1000
accessed on the board's internet web site.	1001

The bids shall be opened and shall be publicly read by the	1002
clerk of the district, or the clerk's designee, at the time,	1003
date, and place specified in the advertisement to bidders or the	1004
specifications. The time, date, and place of bid openings may be	1005
extended to a later date by the board of trustees of the district,	1006
provided that written or oral notice of the change shall be given	1007
to all persons who have received or requested specifications no	1008
later than ninety-six hours prior to the original time and date	1009
fixed for the opening.	1010

Each bid on any contract shall contain the full name of every	1011
person interested in the bid. If the bid is for a contract for the	1012
construction, demolition, alteration, repair, or reconstruction of	1013
an improvement, it shall meet the requirements of section 153.54	1014
of the Revised Code. If the bid is for any other contract, it	1015
shall be accompanied by a sufficient bond or certified check,	1016
cashier's check, or money order on a solvent bank or savings and	1017
loan association that, if the bid is accepted, a contract will be	1018
entered into and the performance of it will be properly secured.	1019
If the bid for work embraces both labor and material, it shall be	1020
separately stated, with the price of the labor and the material.	1021
The board may reject any and all bids. The contract shall be	1022
between the district and the bidder, and the district shall pay	1023
the contract price in cash. When a bonus is offered for completion	1024
of a contract prior to a specified date, the board may exact a	1025
prorated penalty in like sum for each day of delay beyond the	1026
specified date. When there is reason to believe there is collusion	1027
or combination among bidders, the bids of those concerned shall	1028
be rejected.	1029

Sec. 511.12.  The board of township trustees may prepare	1030
plans and specifications and make contracts for the construction	1031
and erection of a memorial building, monument, statue, or	1032
memorial, for the purposes specified and within the amount	1033
authorized by section 511.08 of the Revised Code. If the total	1034
estimated cost of the construction and erection exceeds	1035
twenty-five thousand dollars, the contract shall be let by	1036
competitive bidding. If the estimated cost is twenty-five thousand	1037
dollars or less, competitive bidding may be required at the	1038
board's discretion. In making contracts under this section, the	1039
board shall be governed as follows:	1040

(A) Contracts for construction when competitive bidding is	1041
required shall be based upon detailed plans, specifications, forms	1042
of bids, and estimates of cost, adopted by the board.	1043

(B) Contracts shall be made in writing upon concurrence of a	1044
majority of the members of the board, and shall be signed by at	1045
least two of the members and by the contractor. If competitive	1046
bidding is required, no contract shall be made or signed until an	1047
advertisement has been placed in two newspapersa newspaper,	1048
published or of general circulation in the township, for a period	1049
of thirty daysat least twice. The board may also cause notice to	1050
be inserted in trade papers or other publications designated by	1051
it or to be distributed by electronic means, including posting	1052
the notice on the board's internet web site. If the board posts	1053
the notice on its web site, it may eliminate the second notice	1054
otherwise required to be published in a newspaper published or of	1055
general circulation in the township, provided that the first	1056
notice published in such newspaper meets all of the following	1057
requirements:	1058

(a) It is published at least two weeks before the opening of	1059
bids.	1060

(b) It includes a statement that the notice is posted on the	1061
board's internet web site.	1062

(c) It includes the internet address of the board's internet	1063
web site.	1064

(d) It includes instructions describing how the notice may be	1065
accessed on the board's internet web site.	1066

(C) No contract shall be let by competitive bidding except to	1067
the lowest and best bidder, who shall meet the requirements of	1068
section 153.54 of the Revised Code.	1069

(D) When, in the opinion of the board, it becomes necessary	1070
in the prosecution of such work to make alterations or	1071
modifications in any contract, the alterations or modifications	1072
shall be made only by order of the board, and that order shall be	1073
of no effect until the price to be paid for the work or materials	1074
under the altered or modified contract has been agreed upon in	1075
writing and signed by the contractor and at least two members of	1076
the board.	1077

(E) No contract or alteration or modification of it shall be	1078
valid unless made in the manner provided in this section.	1079

Sec. 515.01.  The board of township trustees may provide	1080
artificial lights for any road, highway, public place, or building	1081
under its supervision or control, or for any territory within the	1082
township and outside the boundaries of any municipal corporation,	1083
when the board determines that the public safety or welfare	1084
requires that the road, highway, public place, building, or	1085
territory shall be lighted. The lighting may be procured either by	1086
the township installing a lighting system or by contracting with	1087
any person or corporation to furnish lights.	1088

If lights are furnished under contract, the contract may	1089
provide that the equipment employed may be owned by the township	1090
or by the person or corporation supplying the lights.	1091

If the board determines to procure lighting by contract and	1092
the total estimated cost of the contract exceeds twenty-five	1093
thousand dollars, the board shall prepare plans and specifications	1094
for the lighting equipment and shall, for two weeks, advertise for	1095
bids for furnishing the lighting equipment, either by posting the	1096
advertisement in three conspicuous places in the township or by	1097
publication of the advertisement once a week, for two consecutive	1098
weeks, in a newspaper of general circulation in the township. Any	1099
such contract for lighting shall be made with the lowest and best	1100
bidder.	1101

The board may also cause notice to be inserted in trade	1102
papers or other publications designated by it or to be	1103
distributed by electronic means, including posting the notice on	1104
the board's internet web site. If the board posts the notice on	1105
its web site, it may eliminate the second notice otherwise	1106
required to be published in a newspaper of general circulation in	1107
the township, provided that the first notice published in such	1108
newspaper meets all of the following requirements:	1109

(a) It is published at least two weeks before the opening of	1110
bids.	1111

(b) It includes a statement that the notice is posted on the	1112
board's internet web site.	1113

(c) It includes the internet address of the board's internet	1114
web site.	1115

(d) It includes instructions describing how the notice may be	1116
accessed on the board's internet web site.	1117

No lighting contract awarded by the board shall be made to	1118
cover a period of more than twenty years. The cost of installing	1119
and operating any lighting system or any light furnished under	1120
contract shall be paid from the general fund of the township	1121
treasury.	1122

Sec. 731.14.  All contracts made by the legislative authority	1123
of a village shall be executed in the name of the village and	1124
signed on its behalf by the mayor and clerk. Except where the	1125
contract is for equipment, services, materials, or supplies to be	1126
purchased under division (D) of section 713.23 or section 125.04	1127
or 5513.01 of the Revised Code, available from a qualified	1128
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1129
Revised Code, or required to be purchased from a qualified	1130
nonprofit agency under sections 125.60 to 125.6012 of the Revised	1131
Code, when any expenditure, other than the compensation of persons	1132
employed in the village, exceeds twenty-five thousand dollars,	1133
such contracts shall be in writing and made with the lowest and	1134
best bidder after advertising once a week for not less than two	1135
nor more than four consecutive weeks in a newspaper of general	1136
circulation within the village. The legislative authority may	1137
also cause notice to be inserted in trade papers or other	1138
publications designated by it or to be distributed by electronic	1139
means, including posting the notice on the legislative authority's	1140
internet web site. If the legislative authority posts the notice	1141
on its web site, it may eliminate the second notice otherwise	1142
required to be published in a newspaper of general circulation	1143
within the village, provided that the first notice published in	1144
such newspaper meets all of the following requirements:	1145

(a) It is published at least two weeks before the opening of	1146
bids.	1147

(b) It includes a statement that the notice is posted on the	1148
legislative authority's internet web site.	1149

(c) It includes the internet address of the legislative	1150
authority's internet web site.	1151

(d) It includes instructions describing how the notice may be	1152
accessed on the legislative authority's internet web site.	1153

The bids shall be opened and shall be publicly read by the	1154
clerk of the village or a person designated by the clerk at the	1155
time, date, and place specified in the advertisement to bidders or	1156
specifications. The time, date, and place of bid openings may be	1157
extended to a later date by the legislative authority of the	1158
village, provided that written or oral notice of the change shall	1159
be given to all persons who have received or requested	1160
specifications no later than ninety-six hours prior to the	1161
original time and date fixed for the opening. This section does	1162
not apply to those villages that have provided for the appointment	1163
of a village administrator under section 735.271 of the Revised	1164
Code.	1165

Sec. 971.07.  (A) If either personowner fails to build or	1166
maintain in good repair the portion of a partition fence assigned	1167
to himthe owner under section 971.04 of the Revised Code, the	1168
board of township trustees, upon the application of the aggrieved	1169
personowner, shall award the contract to the lowest responsible	1170
bidder agreeing to furnish the labor and material, and build such	1171
fence according to the specifications proposed by the board, after	1172
advertising for bids once a week for threetwo consecutive weeks	1173
in a newspaper of general circulation in the county in which the	1174
township is situated.	1175

The board may also cause notice to be inserted in trade	1176
papers or other publications designated by it or to be	1177
distributed by electronic means, including posting the notice on	1178
the board's internet web site. If the board posts the notice on	1179
its web site, it may eliminate the second notice otherwise	1180
required to be published in a newspaper of general circulation	1181
in the county, provided that the first notice published in such	1182
newspaper meets all of the following requirements:	1183

(a) It is published at least two weeks before the opening of	1184
bids.	1185

(b) It includes a statement that the notice is posted on the	1186
board's internet web site.	1187

(c) It includes the internet address of the board's internet	1188
web site.	1189

(d) It includes instructions describing how the notice may be	1190
accessed on the board's internet web site.	1191

(B) If no bids are received from responsible bidders as	1192
provided in this section, the trustees shall procure labor and	1193
materials at prevailing rates and cause such fence to be	1194
constructed.	1195

(C) No person shall obstruct or interfere with anyone	1196
lawfully engaged in construction of a partition fence or in the	1197
performance of any other act described in this section.	1198

Sec. 3313.46.  (A) In addition to any other law governing	1199
the bidding for contracts by the board of education of any school	1200
district, when any such board determines to build, repair,	1201
enlarge, improve, or demolish any school building, the cost of	1202
which will exceed twenty-five thousand dollars, except in cases of	1203
urgent necessity, or for the security and protection of school	1204
property, and except as otherwise provided in division (D) of	1205
section 713.23 and in section 125.04 of the Revised Code, all of	1206
the following shall apply:	1207

(1) The board shall cause to be prepared the plans,	1208
specifications, and related information as required in divisions	1209
(A), (B), and (D) of section 153.01 of the Revised Code unless the	1210
board determines that other information is sufficient to inform	1211
any bidders of the board's requirements. However, if the board	1212
determines that such other information is sufficient for bidding a	1213
project, the board shall not engage in the construction of any	1214
such project involving the practice of professional engineering,	1215
professional surveying, or architecture, for which plans,	1216
specifications, and estimates have not been made by, and the	1217
construction thereof inspected by, a licensed professional	1218
engineer, licensed professional surveyor, or registered architect.	1219

(2) The board shall advertise for bids once each week for a	1220
period of at leastnot less than two consecutive weeks in a	1221
newspaper of general circulation in the district prior tobefore	1222
the date specified by the board for receiving bids. The board may	1223
also cause notice to be inserted in trade papers or other	1224
publications designated by it or to be distributed by electronic	1225
means, including posting the notice on the board's internet web	1226
site. If the board posts the notice on its web site, it may	1227
eliminate the second notice otherwise required to be published in	1228
a newspaper of general circulation within the school district,	1229
provided that the first notice published in such newspaper meets	1230
all of the following requirements:	1231

(a) It is published at least two weeks before the opening of	1232
bids.	1233

(b) It includes a statement that the notice is posted on the	1234
board of education's internet web site.	1235

(c) It includes the internet address of the board's internet	1236
web site.	1237

(d) It includes instructions describing how the notice may be	1238
accessed on the board's internet web site.	1239

(3) Unless the board extends the time for the opening of bids	1240
they shall be opened at the time and place specified by the board	1241
in the advertisement for the bids.	1242

(4) Each bid shall contain the name of every person	1243
interested therein. Each bid shall meet the requirements of	1244
section 153.54 of the Revised Code.	1245

(5) When both labor and materials are embraced in the work	1246
bid for, the board may require that each be separately stated in	1247
the bid, with the price thereof, or may require that bids be	1248
submitted without such separation.	1249

(6) None but the lowest responsible bid shall be accepted.	1250
The board may reject all the bids, or accept any bid for both	1251
labor and material for such improvement or repair, which is the	1252
lowest in the aggregate. In all other respects, the award of	1253
contracts for improvement or repair, but not for purchases made	1254
under section 3327.08 of the Revised Code, shall be pursuant to	1255
section 153.12 of the Revised Code.	1256

(7) The contract shall be between the board and the bidders.	1257
The board shall pay the contract price for the work pursuant to	1258
sections 153.13 and 153.14 of the Revised Code. The board shall	1259
approve and retain the estimates referred to in section 153.13 of	1260
the Revised Code and make them available to the auditor of state	1261
upon request.	1262

(8) When two or more bids are equal, in the whole, or in any	1263
part thereof, and are lower than any others, either may be	1264
accepted, but in no case shall the work be divided between such	1265
bidders.	1266

(9) When there is reason to believe there is collusion or	1267
combination among the bidders, or any number of them, the bids of	1268
those concerned therein shall be rejected.	1269

(B) Division (A) of this section does not apply to the board	1270
of education of any school district in any of the following	1271
situations:	1272

(1) The acquisition of educational materials used in	1273
teaching.	1274

(2) If the board determines and declares by resolution	1275
adopted by two-thirds of all its members that any item is	1276
available and can be acquired only from a single source.	1277

(3) If the board declares by resolution adopted by two-thirds	1278
of all its members that division (A) of this section does not	1279
apply to any installation, modification, or remodeling involved in	1280
any energy conservation measure undertaken through an installment	1281
payment contract under section 3313.372 of the Revised Code or	1282
undertaken pursuant to division (G) of section 133.06 of the	1283
Revised Code.	1284

(4) The acquisition of computer software for instructional	1285
purposes and computer hardware for instructional purposes pursuant	1286
to division (B)(4) of section 3313.37 of the Revised Code.	1287

(C) No resolution adopted pursuant to division (B)(2) or (3)	1288
of this section shall have any effect on whether sections 153.12	1289
to 153.14 and 153.54 of the Revised Code apply to the board of	1290
education of any school district with regard to any item.	1291

Section 2. That existing sections 9.48, 125.04, 307.86,	1292
505.10, 505.37, 505.376, 511.12, 515.01, 731.14, 971.07, and	1293
3313.46 of the Revised Code are hereby repealed.	1294

Section 3.  Section 505.10 of the Revised Code is presented	1295
in this act as a composite of the section as amended by both Sub.	1296
H.B. 204 and Sub. H.B. 323 of the 125th General Assembly. The	1297
General Assembly, applying the principle stated in division (B) of	1298
section 1.52 of the Revised Code that amendments are to be	1299
harmonized if reasonably capable of simultaneous operation, finds	1300
that the composite is the resulting version of the section in	1301
effect prior to the effective date of the section as presented in	1302
this act.	1303