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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
TITLE I: GENERAL PROVISIONS
TITLE III: LEGISLATIVE
TITLE V: ADMINISTRATIVE ORGANIZATION
TITLE VII: JUDICIAL
TITLE IX: BOARDS AND COMMISSIONS
TITLE XI: EMPLOYMENT AND COMPENSATION
TITLE XIII: FISCAL MANAGEMENT
TITLE XV: PURCHASES AND CONTRACTS
CHAPTER 181: PURCHASES AND SUPPLIES
§ 181.01 Commissioner of Purchases and Supplies
§ 181.02 Authority over Storerooms
§ 181.03 Estimates and Summary of Requirements
§ 181.04 Standard Specifications
§ 181.05 Requisitions to Conform to Standard Specifications
§ 181.06 Procedures for Requisitions
§ 181.07 Supplies or Services from Other Departments
§ 181.08 Purchases Not Exceeding $50,000
§ 181.09 Purchases Not Exceeding $1,000
§ 181.10 Purchases Exceeding $50,000 to be Authorized by Ordinance; Bids; Contracts
§ 181.101 Purchase or Rental of Commodities, Goods, and Services
§ 181.102 Authorization to Purchase Software or Other Licenses, Modules, Updates, Upgrades, Enhancements, Training, Technical Support, Maintenance, and Repairs
§ 181.103 Recognition of Electronic Records and Signatures
§ 181.11 Noncompetitive Purchases; Purchase of Coal
§ 181.12 Emergency Purchases and Contracts
§ 181.13 Purchases of Surplus Federal Commodities
§ 181.14 Purchase of Materials Produced by State-Owned Institutions
§ 181.15 Trade-In Allowance
§ 181.16 Purchases of Perishable Supplies and Foodstuffs
§ 181.17 Analysis of Coal
§ 181.18 Sale of Products Resulting from Operation of Municipal Departments; Sale of Recyclable Materials
§ 181.181 Purchase of Collection Services for Recyclable Materials
§ 181.19 Excess Personal Property; Use by Other Departments; Sale
§ 181.20 Specifications for Purchases
§ 181.201 Use of Recycled Material
§ 181.21 Advertisement of Bids
§ 181.22 Form of Bid
§ 181.23 Bidder’s Affidavits
§ 181.24 Bid Bond; Certified or Cashier’s Check
§ 181.25 Insufficiency of Certified or Cashier’s Check
§ 181.26 Disposition of Bid Bond, Certified or Cashier’s Check
§ 181.27 Unacceptable Bids
§ 181.28 Withdrawal of Bids
§ 181.29 Endorsement, Tabulation and Summary of Bids
§ 181.30 Rejection or Acceptance of Bids
§ 181.31 Time of Award
§ 181.32 Bonds to Secure Performance of Purchase Contracts
§ 181.33 Release of Bond
§ 181.34 Requirements for Contract Execution
§ 181.35 Filing of Original Contract
§ 181.36 Compliance with Fair Employment Practice in Northern Ireland
§ 181.37 Subcontractors and Suppliers
CHAPTER 183 - REAL ESTATE TRANSACTIONS
CHAPTER 185 - CONSTRUCTION AND IMPROVEMENT CONTRACTS
CHAPTER 186 - PUBLIC ART
CHAPTER 187 - CLEVELAND AREA BUSINESS CODE
CHAPTER 187A - LOCAL PRODUCER, LOCAL-FOOD PURCHASER, AND SUSTAINABLE BUSINESS PREFERENCE CODE
CHAPTER 188 - FANNIE M. LEWIS CLEVELAND RESIDENT EMPLOYMENT LAW
CHAPTER 189 - CLEVELAND FAIR EMPLOYMENT LAW
CHAPTER 190 - WAGE THEFT AND PAYROLL FRAUD PREVENTION
CHAPTER 190A - COMMUNITY BENEFITS AGREEMENTS
TITLE XVII: TAXATION
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 181.14 Purchase of Materials Produced by State-Owned Institutions
   The Commissioner of Purchases and Supplies is authorized to purchase from the State any materials, supplies or equipment as may be manufactured or produced in any of the State-owned institutions as the Board of Control shall determine necessary or desirable for any of the several departments of the City at the prices fixed by the proper authority of the State. However, all purchases in addition to the authorization by the Board shall, if more than fifty thousand dollars ($50,000.00), be authorized by the Council.
(Ord. No. 1737-08. Passed 12-8-08, eff. 12-10-08)
§ 181.15 Trade-In Allowance
   Wherever personal property, which has been used by the City, can in the opinion of the Commissioner of Purchases and Supplies, be more advantageously exchanged as part payment of the purchase price of a new article of a similar nature, the Commissioner shall advertise for bids for prices at which a new article will be furnished the City. Such bid shall recite, in addition to such price and the other recitations required by the ordinances of the City, the amount which will be allowed to the City for the used article which is proposed to be given in exchange as part payment for the new article to be purchased by the City.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
§ 181.16 Purchases of Perishable Supplies and Foodstuffs
   The purchase of foodstuffs and perishable supplies required for use in the hospitals and similar institutions and the purchase of beer for sale at the golf courses of the City, which the Commissioner of Purchases and Supplies has determined to be impracticable to obtain through a requirement contract basis, may be made on orders given in the open market without posting. The purchases authorized under this section shall not be considered to be splitting of requisitions as prohibited under Charter Sections 108 and 109.
(Ord. No. 9-03. Passed 3-3-03, eff. 3-5-03)
§ 181.17 Analysis of Coal
   Whenever any coal is purchased by the City under specifications which require a formal analysis of the coal, such analysis shall be made either by regular employees of the City or by an outside firm of analysis. The Mayor shall determine from time to time by which method analysis shall be made.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
§ 181.18 Sale of Products Resulting from Operation of Municipal Departments; Sale of Recyclable Materials
   (a)   Subject to division (b) of this section, all products, byproducts, and materials resulting from the operation of municipal departments, including without limitation grease and tankage manufactured by the Division of Waste Collection and Disposal, and rags, waste paper, bottles and scrap metal accumulated by the Division of Streets, shall be sold by the Commissioner of Purchases and Supplies at such times and in such manner as may be directed by the Board of Control.
   (b)   All materials collected by the City or its contractor pursuant to the City’s curbside recycling program may be sold by the Commissioner of Purchases and Supplies to the highest bidder after a full and complete canvass performed by the Director of Public Service. The Director of Public Service shall provide to the Board of Control on a monthly basis a complete listing of all sales agreements entered into pursuant to this division (b).
   (c)   All contracts for and sales of the products, byproducts, and materials described in division (a) of this section shall be advertised and awarded in the same manner as are purchases of like amount. However, if no satisfactory bids are received following advertisement as herein provided, the director of the department having charge of the products, byproducts or materials is hereby empowered, when so directed by the Board of Control to employ the customarily commercial methods used in private enterprise of a like nature to secure for the City the benefit of a satisfactory contract.
(Ord. No. 934-91. Passed 5-20-91, eff. 5-28-91)
§ 181.181 Purchase of Collection Services for Recyclable Materials
   In the event that market conditions cause the City to be unable to sell materials which the City or its contractor has collected as part of the City’s curbside recycling program, the Commissioner of Purchases and Supplies is authorized to enter into a purchase contract or contracts for the collection of such materials from the City with the lowest bidder after a full and complete canvass performed by the Director of Public Service, provided that the amount of any contract for the purchase of collection services shall not exceed fifty thousand dollars ($50,000.00). The Director of Public Service shall provide the Board of Control on a monthly basis with a complete listing of all purchase agreements entered into under this section.
(Ord. No. 1737-08. Passed 12-8-08, eff. 12-10-08)
§ 181.19 Excess Personal Property; Use by Other Departments; Sale
   (a)   Except as provided in Section 181.15, all personal property of the City not needed by the department or office in whose charge such property is, shall be turned over to the Commissioner of Purchases and Supplies. If any such property is suitable to be used by any other department or office of the City, the Commissioner shall, when so directed, sell such property at its current value to such other department or office, or shall place it in the City storerooms or warehouses until such time as it may be needed by some department or office of the City. If such property is not needed or is not suitable for the use of any department or office of the City, when so directed by the Board of Control it shall be sold by the Commissioner and the proceeds of such sale shall be turned in to the fund of the City from which such property was paid for. Such sale shall be posted and advertised in every case in like manner as are purchases in amounts equal to the anticipated receipts from such sales. However, in the event the Board so directs, the Commissioner may sell such property at public auction, to be held at a place to be designated by the Commissioner, and named in the advertisement of sale to be posted and advertised for two (2) consecutive weeks prior to the date of such sale.
   (b)   When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to the service weapon of a police officer with more than twenty-three (23) years of service in the Division of Police or with respect to the helmet of a fire fighter with more than twenty-three (23) years of service in the Division of Fire, or with respect to the badge of an EMT/Paramedic with more than twenty-three (23) years of service, such weapon, helmet and/or badge shall be turned over to the Commissioner of Purchases and Supplies. Military service time purchased by an officer, fire fighter or EMT/Paramedic following twenty (20) years of service shall be applied to the service time necessary for this provision. This provision shall apply to any officer, fire fighter, or EMT/Paramedic under disability retirement. The Commissioner of Purchases and Supplies shall, when so directed by the Board of Control, offer to sell such service weapon, helmet and/or badge to such police officer, fire fighter or EMT/Paramedic for its fair market value. In lieu of paying cash for the weapon, helmet and/or badge, such police officer, fire fighter or EMT/Paramedic may elect to forego all or any portion of any uniform or uniform maintenance allowance to which he or she is entitled at the time of the purchase; provided, however, that the sum of any cash payment and the allowances devoted to the purchase shall equal the fair market value of the item or items.
   (c)   When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Fire, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity existing to preserve the history of the Division of Fire, for use in a fire fighter museum.
   (d)   When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Police, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity, existing to preserve the history of the Division of Police, for use in a museum.
   (e)   When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Emergency Medical Service, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity, existing to preserve the history of the Division of Emergency Medical Service, for use in a museum.
(Ord. No. 1532-02. Passed 6-11-07, eff. 6-15-07)
§ 181.20 Specifications for Purchases
   Specifications for the purchase of supplies, materials or equipment shall be prepared by the Commissioner of Purchases and Supplies with such technical assistance as he or she may require from the proper officers of the department requesting such purchase. In conformity with the requirements of Charter Section 102 he or she shall see that such specifications do not unduly restrict competition and are so prepared as to secure the supplies, materials or equipment required for the operation of the department requesting the same at the best available price.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
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