Loading...
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.)
(a) Notwithstanding any provision of the laws of the State of Ohio to the contrary, and unless otherwise specifically directed by Council, advertisement and competitive bidding shall not be required in any contract entered into by the City, involving the furnishing of equipment, services, supplies or materials to the City or for the construction of public improvements when the cost to the City of such equipment, non-professional services, supplies, materials or construction is less than seventy-five thousand dollars ($75,000).
(b) When the cost of a contract, that requires competitive bidding involving the furnishing of equipment, services, supplies, materials or construction to the City is seventy-five thousand dollars ($75,000) or more, advertisement and competitive bidding for such contract shall take place as recommended by the City Administrator by any of the following methods:
(1) Advertisement and bidding through any web-based vendor and bid management system.
(2) Advertisement on the City of Maumee web site for a period of one week or more if such additional time is deemed necessary by the City Administrator.
(3) Advertisement in newspaper of general circulation within the City of Maumee for not less than one week.
(c) Bids may be emailed, faxed, mailed or hand delivered to the City of Maumee on or before the bidding deadline. Bids may be awarded to the lowest, most qualified responsive bid after considering the bidder experience, qualifications and/or demonstrated competence.
(d) Changes to bid documents, bidding requirements or deadlines for bids may occur anytime during the bidding process. Bidders who have submitted bid documents before changes to bid documents or requirements shall be given the opportunity to modify their bid before the bid deadline.
(e) The City Administrator is authorized to waive any bidding irregularities or technicalities in a bid document submitted and/or waive any requirements in the form of the submitted bid in the best interests of the City of Maumee.
(Ord. 026-2023. Passed 8-21-23.)
(a) The City Administrator or Mayor when the City Administrator is unavailable, shall be authorized to execute and enter into contracts, leases, and agreements involving the furnishing of equipment, services, supplies or materials to the City, for the construction of public improvements for the City, for purchases, or for payments deemed necessary by the City Administrator for operations of the City of Maumee, in amounts up to seventy-five thousand dollar ($75,000.00), or the amount set forth in Section 103.04 of the Maumee Codified Ordinances as may be amended hereafter, whichever is greater, and after entering into said contracts and/or agreements, the City Administrator or Mayor shall provide City Council with a copy of the contract and/or agreement, or a short summary of the terms of the contract or agreement.
(b) City Council shall approve contracts or agreements in excess of seventy-five thousand dollars ($75,000.00), or the amount set forth in Section 103.04 of the Maumee Codified Ordinances as may be amended hereafter, whichever is greater, that are to be awarded after competitive bidding, by motion, ordinance, or resolution. The Mayor shall be authorized to execute any such contracts or agreements, or designate in writing the Director of any Department in the Mayor's stead to execute such contracts or agreements as set forth in Article IV Section 5 of the Maumee Charter.
(c) City Council shall approve contracts, leases, or agreements in excess of seventy-five thousand dollars ($75,000.00), or the amount set forth in Section 103.04 of the Maumee Codified Ordinances as may be amended hereafter, whichever is greater, that may be awarded without formal advertising and bidding, for professional service contracts; contracts for expenditures in time of any emergency as defined by the Council; the purchase of new or used equipment at auctions; joint purchasing pursuant to agreements with other governmental units, whether state, local, or federal; sole source contracts where Council determines that formal competitive bidding is not practical or is not in the best interest of the Municipality; and any other circumstances as provided by ordinance or resolution. Approval of all such contracts shall be by motion, ordinance, or resolution of Council. The Mayor shall be authorized to sign any such contracts or agreements, or designate in writing the Director of any Department in the Mayor's stead to execute such contracts or agreements as set forth in Article IV Section 5 of the Maumee charter.
(d) City Council shall approve labor contracts or any other labor related agreements by motion or resolution. The Mayor shall be authorized to execute any such labor contracts or agreements, or designate in writing the Director of any department in the Mayor's stead to execute such contracts or agreements as set forth in Article IV Section 5 of the Maumee Charter.
(e) The Mayor or the City Administrator is authorized to execute amendments and/ or change orders to contracts which have already been duly authorized by Council and executed. If the amendment, or change order, involves the additional expenditure of funds that are in excess of twenty percent of the contract price, Council shall approve such amendment or amendments by motion. City Council shall be presented with a copy of any change orders and the cost of any change orders.
(f) Waiver of Regulations. When City Council determines that it is in the best interests of the City, City Council, by ordinance, may waive any of the provisions of this chapter.
(Ord. 026-2023. Passed 8-21-23.)