Notwithstanding any provision of the laws of Ohio to the contrary, unless otherwise directed by Council, all contracts and/or agreements entered into by the City, including those involving the furnishing of labor and material to the City or for the construction of public improvements shall, in addition to such other terms and provisions as may be determined to be necessary or desirable, contain the following provisions:
(a) The contractor or vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap. The contractor or vendor shall take affirmative action in accordance with the terms outlined in its proposal and the provisions of this contract to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor or vendor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the City setting forth the provisions of the nondiscrimination clauses. The contractor or vendor shall include the provisions of this contract in every subcontract, so that such provisions shall be binding upon each subcontractor.
(b) All contracts shall be reviewed by and approved as required by the Maumee Charter and as to form as approved by the Law Director or a representative of the Law Director. Any contract which has not been reviewed and approved by the Law Director or designated representative shall be void and unenforceable against the City and its officials. The Law Director, in consultation with the Finance Director and City Administrator may establish standard contracts and standard contract language and clauses for use in contracts where appropriate. This provision shall not apply to contracts or agreements for purchases or supplies for the City in amounts less than seventy-five thousand dollars ($75,000).
Construction Contracts. Each construction contract bid shall contain the full name of every person or company interested in the same and shall require a bid guarantee that if the bid is accepted a contract shall be executed. For construction contracts estimated to cost over one hundred thousand dollars ($100,000.00), or contracts where the City may elect to require a bond, the resulting contract shall require a bid bond, performance bond and payment bond. Neither a performance bond nor a payment bond shall be required for construction contracts estimated to cost one hundred thousand dollars ($100,000.00) or under unless otherwise required by the City. The required type of bid guarantee or performance bond shall be identified in the invitation for bid.
(c) All state of Ohio provisions of law and ordinance relating to prevailing wage rates applicable to contracts for construction of public improvements shall apply.
(d) Federal prevailing wages and its regulations shall take precedent and shall apply to those public improvements that require the application of federal regulations.
(e) Except as otherwise required or permitted by state or federal law, a contract entered into by the City for the procurement of supplies, services, professional services, or construction shall not include any of the following:
(1) A provision that requires the City to indemnify or hold harmless another person;
(2) A provision that requires the City to agree to limit the liability for any direct loss to the City for bodily injury, death, or damage to property of the City caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person's employees or agents, or a provision that would otherwise impose an indemnification obligation on the City;
(3) A provision that requires the City to be bound by a term or condition that is unknown to the City at the time of signing a contract or that may be unilaterally changed by the other party;
(4) A provision that is not specifically negotiated with the City or an agreement or contract that is verbally accepted, accepted in writing, or electronically accepted by a City employee without authority to accept the agreement or contract on behalf of the City;
(5) A provision that provides for a person other than the Law Director to serve as legal counsel for the City without the approval of the Law Director;
(6) A provision that is inconsistent with the City's public records obligations under sections 149.351 or 149.43 of the Ohio Revised Code;
(7) A. A provision whereby the seller agrees to provide financing to the City for the transaction without authorization by City Council.
B. If a contract contains a term or condition described in this section, the term or condition is void ab initio, and the contract containing that term or condition otherwise shall be void at the election of the City or can be considered enforceable as if it did not contain such term or condition if the City elects not to consider the contract void.
C. A contract that contains a term or condition described in this section shall be governed by and construed in accordance with Ohio law notwithstanding any term or condition to the contrary in the contract.
D. This section does not apply to a contract awarded (1) as a sole source (2) as an emergency purchase.
(f) Any other term or condition that the City deems appropriate for the contract.
(Ord. 026-2023. Passed 8-21-23.)