(a) The City hereby adopts the lowest responsive and responsible bidding criteria set forth in Ohio R.C. 9.312 and all competitively bid contracts must be awarded pursuant to the standards set forth herein as follows:
(b) (1) "Lowest" means the least amount of money bid.
(2) "Responsive" means that the bid responds to the bid specifications in all material respects and shall contain no irregularities which provide a competitive advantage.
(3) "Responsible" means consideration of a number of characteristics and qualifications of the bidder as follows:
A. For a bidder for a contract to be considered responsive, the bidder's proposal shall respond to bid specifications an all material respects and shall contain no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage.
B. In determining whether a bidder is responsible the following factors shall be considered:
1. The bidder's experience;
2. The bidder's financial condition;
3. The bidder's conduct and performance on previous contracts;
4. The bidder's facilities;
5. The bidder's management ability;
6. The bidder's ability to execute the contract properly;
(c) The Board of Control is hereby authorized to reject all non-responsive bids or all bids.
(d) Each bidder rejected as non-responsive whose bid was lower than the lowest responsive bidder shall be notified of the finding that it was non-responsive and the reasons for the finding in writing by certified mail.
(e) If the lowest responsive bidder is responsible, the contract shall be awarded to such bidder unless all bidders are rejected.
(f) If the lowest responsive bidder is not responsible such bidder shall be rejected and shall be notified of the finding that it is not responsible and the reasons for the finding in writing by certified mail or all bidders shall be rejected.
(g) Unless all bids are rejected any bidder who is notified of the rejection of its bid may object to its rejection upon filing a written protest which is received by the City within five days of the notification provided to that bidder.
(h) Upon receipt of a timely protest the City shall meet with the protesting bidder to hear the bidder's objections. The provisions of Ohio R.C. Chapter 119 are not applicable to such meeting.
(i) No award of the contract shall become final until after the City has met with all bidders who have timely filed protests and the award is affirmed.
(j) If all protests are rejected the award of the contract shall be affirmed.
(k) If a protest is not rejected and such bidder is determined to be the lowest responsive and responsible bidder the contract shall be awarded to such bidder and any previous award shall be reversed.
(l) Exceptions to the competitive bidding requirements:
(1) Small purchases. This section does not apply to purchases on less than ten thousand dollars ($10,000).
(2) Purchases of supplies and services for severely handicapped are exempt.
(3) Purchases of materials, machinery and supplies by the Department of Transportation are exempt if they are purchases pursuant to Ohio R.C. 5513.01.
(m) This chapter does not apply to emergency purchases when a real or present emergency arises as defined by Ohio R.C. 735.051 as follows:
The legislative authority of the Municipality may by a two-thirds vote of all the members elected thereto authorize the Director of Public Service, Director of Public Safety, City Manager, Board of the Public Affairs or other duly authorized contracting officer, Commission or board of authority to enter into a contract for work to be done or for the purchases of supplies or materials without formal bidding and advertising.
(n) The City may purchase equipment, services, materials or supplies from any Department, Division, Agency or Political Subdivision of the State without advertising and bidding if Council authorizes such purchase by ordinance.
(o) If authorized by ordinance, the City can, through the Safety-Service Director or other duly authorized individual purchase without competitive bidding used equipment or supplies at an auction open to the public or at a public sale requesting the submission of written bids.
(p) Each contractor desiring to bid on a public contract with the City must exhibit to an appropriate officer of the City an in force liability insurance policy setting forth liability insurance.
(q) Each contractor desiring to bid on a public contract with the City must also name the City as a named insured in the City liability insurance policy as the City interest may appear.
(r) Each Contractor bidding on a public contract with the City must also furnish proof that the contractor has Workers' Compensation coverage in full force and effect and has complied with all other applicable Federal and State laws.
(s) Each contractor bidding on a public contract with the City must also complete and sign, under oath, an Affidavit which shall contain the following language.
AFFIDAVIT OF CONTRACTOR
STATE OF OHIO )
)SS
COUNTY OF TRUMBULL )
The undersigned being first duly sworn, under oath, deposes and says that pursuant to Ohio Revised Code and the ordinances of the City of Girard that he/she/it (circle one) is qualified to enter into a contract to perform work or services for the City of Girard and that he/she/it (circle one) has not failed to do any of the following:
(1) To perform any obligation under past contracts with the City; or
(2) To perform any obligation on past contracts with the City in a satisfactory manner; or
(3) To provide the City with satisfactory goods or services in the past; or
(4) To provide the City with competent laborers thereby causing claims against the City with such person was unable or unwilling for any reason to correct; or
(5) To pay any type of City Income Tax or make any type of City income or other tax deposit; or
(6) To pay for City Utility Service; or
(7) To provide the City with truthful statements concerning the quality of goods or services provided; or
(8) To act in a good faith manner by way of attempting to influence any City Official by offering a gift, gratuity, bonus, favor or other consideration in exchange for preferential treatment or the expectation of preferential treatment; or
(9) To act in a good faith manner by way of collusion with another bidder in an attempt to regulate the price, quality or availability of goods or services to the detriment of the City; or
(10) To act in a credit-worthy manner in the past by way of refusing to satisfy judgment, judgment liens, mechanics liens, debts or the like.
(11) Further, pursuant to Ohio R.C. 5719.042, that at the time the bid was submitted, I, or my corporation, company, partnership or business entity was not charged with any delinquent personal property taxes on the general tax list of personal property of Trumbull County, Ohio or in the event there has been a charge of delinquency with respect to personal property taxes, I have attached hereto, as if fully incorporated herein, a statement setting forth the amount of such due and unpaid taxes and any penalties and interest thereon.
I understand, pursuant to Ohio Revised Code Section 5719.042, that if I have been charged with any such taxes, a copy of this statement, and all incorporated documents, shall be transmitted by the City Auditor to the County Treasurer within thirty (30) days of the date it is received by the City of Girard, Ohio.
I understand that this statement shall be incorporated into any contract I enter into with the City or Girard, Ohio and no payment shall be made with respect to any contract to which this section applies unless such statement has been so incorporated as a part hereof.
The undersigned further states that he/she/it (circle one) is aware and understands that should the Affiant be deemed not qualified, for any of the reasons hereinbefore mentioned, the City of Girard, by and through its officers, agents, employees and representatives will not be authorized to pay for the goods or services contracted for.
The Affiant further states that the following fairly and accurately states the existence of or lack of any relationship by blood or marriage with any elected City official or any appointed department head.
I am related by blood or marriage to an elected City official or appointed department head.
Yes No
Initials
Bidder must check one and initial.
The name of the elected official and/or department head is as follows:
A share holder or principal in the bidding corporation is related by blood or marriage to an elected City official or an appointed department head.
Yes No
Initials
Bidder must check one and initial.
Further, Affiant sayeth naught.
Bidder
Sworn to and Subscribed before me this day of , 19 .
(Ord. 6448-93. Passed 11-8-93.)