(a) Pursuant to Section 5.01 of the Charter, the Manager is hereby authorized and required to serve as Director of Safety, and shall perform the duties of said office until such time as is otherwise determined by resolution of Council.
(b) From and after January 1, 1964, the duties of the City Manager shall be confined to those of the office of the City Manager and the office of the Director of Safety. From and after said date, the duties of the Director of Finance shall be performed by a person other than the City Manager. (1969 Code 31.051)
(c) Duties; Contracts.
(1) From and after January 1, 2006, the duties of the Manager or his designee shall be, prior to the awarding of competitively bid contracts, to evaluate whether the apparent lowest bidder is also the lowest and best bidder pursuant to Section 7.03 of the Charter of the City of Mentor. The City Manager shall consider the following criteria:
A. Whether the bid responds to bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise give the bidder a competitive advantage.
B. Whether the bidder is experienced in providing the services offered.
C. Whether the financial condition of the bidder is satisfactory.
D. Whether the conduct and performance of the bidder on previous contracts has been satisfactory.
E. Whether the facilities available to and management skills of the bidder are satisfactory.
F. Whether the bidder possesses the ability to execute the contract properly.
The City Manager shall adopt a form for completion that requires bidders to include the following types of information with a bid: the length of time the bidder has been in business, whether the bidder has been rejected for a public contract as low bidder because of not being responsible, whether the bidder has had claims against or a performance bond cancelled, whether the bidder had paid penalties imposed as a result of delay on a public project, whether the bidder has been found to have committed an unfair labor practice or any other employment/labor law violation in such areas as discrimination, prevailing wage, Workers’ Compensation or OSHA, and also notifies the bidder of the requirements in subsections (c)(2) and (c)(3). The City Manager shall recommend for rejection any apparent lowest bidder that is not the lowest and best bidder based on the information supplied, and he shall notify the apparent lowest bidder of the reasons for the determination in writing by certified mail.
(2) If the City Manager receives a protest in writing within seven (7) days of certified mail receipt by the apparent lowest bidder of the City Manager’s determination, the City Manager shall conduct a hearing where the apparent lowest bidder may present supplemental information and documentation to change the determination of the City Manager. After hearing, the City Manager shall either affirm or reverse the determination. Any additional financial information delivered to the City Manager shall be kept confidential and, pursuant to Ohio R.C. 9.312, shall not be considered a public record.
(3) Any bidder awarded a contract shall provide an affidavit to the City Manager prior to final payment on the contract stating that it has complied with all Federal, State and local taxation requirements including the filing of all returns due and the payment of all taxes then payable and that to its knowledge any labor performed pursuant to the contract was performed by workers accurately classified pursuant to Internal Revenue Service guidelines as either employees or independent contractors.
(Ord. 06-0-07. Passed 2-21-06.)