(a) Every City contract, whereby as a result the City is to receive instead of expend funds, shall be subject to the requirement that:
(1) There be on file with the City, specifications with respect to proposals to be received from interested parties which shall include, but not be limited to, the following items of information:
A. Commencement date of contract;
B. Term of contract;
C. Ending date of contract;
D. Contract option terms and prerequisites;
E. Description of goods or product to be supplied or sold pursuant to the contract;
F. Desired quantity of goods or product to be supplied or sold pursuant to the contract; and
G. Any other contract term or condition that is material in nature to the contract; and
(2) That a notice requesting an offer of such proposals from interested parties shall be advertised in a newspaper of general circulation within Cuyahoga County for two successive weeks prior to a date certain for submittal of such offers of proposal.
(b) Only offers of proposal received by the City by a date certain as established in the specifications may be considered by the City. All offers of proposal timely received by the City shall be submitted to the Board of Control as soon as is practicable for review and recommendation before any legislation may be introduced authorizing and/or directing the Mayor, on behalf of the City, to enter into any such contract.
(c) This section shall not apply to contracts entered into pursuant to Article XI of the Charter, entitled, "Franchises;" to sales or leases of real property owned by the City; to sales of personal property governed by either Section 525.15 or Chapter 955; to contracts for the abatement of real property taxes; to Park Concession Permit Programs meeting the requirements of Section 111.01 (d); to rentals of ice time at the Recreation Complex by the Recreation Commissioner pursuant to Ordinance No. 96-114, whether in the form of a written contract or otherwise, to contracts for the collection and/or disposal of the City's recyclable mixed paper products/refuse, or to contracts where the receipt of funds arises from the sale of advertising space by the City in City publications or upon fixtures at City property. If a contract for the sale of advertising space is less than five thousand dollars ($5,000.00), then the Mayor may execute said contract without City Council authorization if the Mayor requests and obtains a written opinion from the Director of Law that the contract is in proper
form and substance. If a contract for the sale of advertising is for more than five thousand dollars ($5,000.00), then the Mayor shall, prior to executing such contract, obtain express authorization from City Council.
(d) Park Concession Permit Program. Pursuant to the exemption provided in subsection (c), the requirements of subsections (a) and (b) shall not apply to nor prohibit the Mayor or his designee from granting permits to participate in the Park Concession Permit Program. Upon the review and recommendation of the Recreation Commissioner, the Mayor or his designee may grant permits to community or charitable groups to staff and operate concession or vending facilities upon City park property. Such permits shall be subject to the following requirements:
(1) Identification of the community or charitable group and the individual representative thereof as program participants;
(2) Description of the specific park location and other facilities considerations, (i.e., trailers, tents, water supply and electrical, if any);
(3) Specific dates and times of operation;
(4) Description of all items to be offered for sale, the prices to be charged and the supplier (i.e., Coca-Cola or other products supplied by City);
(5) Specific monetary terms (split proceeds or per diem rate).
The Mayor or his designee shall issue permit forms consistent with the foregoing requirements and which fix the terms of program participation, in writing, and in advance of permit issuance. The Recreation Commissioner may prepare application forms and regulations to outline further reasonable terms and conditions of program participation, consistent with these requirements, subject to the notice and comment of the Recreation Commission, and upon the final approval of the Mayor or his designee.
(Ord. 2010-45. Passed 5-18-10.)