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(a) If any fees, rates or charges billed by the City of Toledo are not paid in full on or before the due date, an amount equal to one-half percent (½%) per month or fraction thereof of the outstanding balance will be added to the total amount owed.
(b) When any fees, rates, charges or late payment charges billed by the City of Toledo are not paid when due, the City may:
(1) Forward the account for collection by an outside collection agency;
(2) Bring an action at law for the collection of the delinquent amount; or
(3) Take any other action authorized in law or equity to collect the delinquent amount.
(c) For all delinquencies plus interest that are referred to collection by civil suit, there shall be imposed an administrative fee equal to twenty-five percent (25%) of the total delinquency at the time of the referral.
(d) In addition to the remedies listed above in subsection (b), when the delinquency owed to the City of Toledo is for a service that improves or maintains real property or eliminates a nuisance on real property, the charges together with any penalties may be certified to the County Auditor, who shall place the certified amount on the real property tax duplicate of the property served directly or indirectly by the services provided. The amount certified shall be a lien on the property served from the date placed on the list and shall be collected in the same manner as other taxes, except that, notwithstanding section 323.15 of the Revised Code, a county treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of such unpaid payments, fees and charges.
(e) This section shall not apply to or replace the late charge, penalty and collection sections of the Toledo Municipal Code that apply to delinquencies owed to the Department of Public Utilities for the utility services and refuse fees it bills or to the Division of Taxation for its tax billings.
(Ord. 391-09. Passed 7-21-09.)
(a) As an alternate procurement process under this Chapter, the two-tiered selection process as defined in this Section may be undertaken to competitively award a contract where (i) a public improvement project has been fairly estimated to cost in excess of ten million dollars, or (ii) where the completion of a public improvement project is made time-sensitive by court order or the order of an administrative agency with jurisdiction, or (iii) where a group of multiple public improvements of the same type have an aggregate estimated cost of at least one million dollars and construction of the multiple public improvements shall be completed within eighteen months of the selection of the prequalified bidders under this Section.
(b) Request for qualifications/prequalification. The Commissioner of Purchasing together with the Director of the Department undertaking the public improvement project shall prepare a request for qualifications that shall be advertised for at least two consecutive weeks. The request for qualifications shall describe the project and make clear that the bidding is being conducted in accordance with the two-tiered process set forth herein. The request for qualifications will ask that interested bidders supply at least the following information:
1. A brief written description of the bidder's planned approach to the project;
2. The expertise, size and composition of the team the bidder plans to use to undertake the project;
3. A list of comparable projects, if any, undertaken by the bidder and/or projected team members;
4. A brief description of the bidder's current workload;
5. At least three references of the bidder;
6. A verifiable statement confirming the bidder's capacity and financial wherewithal to undertake the project;
7. A demonstration of the bidder's adherence to substantial completion dates on infrastructure projects of similar size and function to the subject project;
8. The bidder's OSHA citation/rate history for each of the past three years; and
9. A description of any litigation, administrative orders or claims in the past five years naming the bidder that involve issues with bidder's performance, delay, safety violations, labor and employment laws or standards, wage and hour laws, prevailing wage, or taxation, and a description of the current status or outcome of those matters.
Each of the above-stated categories or criterion, or other such criteria as may be requested by the City in the advertisement shall have been assigned a scoring range between zero (0) to fifteen (15) from which the evaluating division can choose in order to appropriately reflect their relative importance. For example, a criterion not applicable to this particular project would be worth zero (0) points whereas a highly important criterion could be assigned fifteen (15) points. The minimum weighted score necessary to receive an invitation to bid on the project will be included with the advertisement.
(c) Alternate Pre-Qualification Process. For public improvements as defined in (a)(ii) and (a)(iii) of this Section, the bid criteria in Section 187.12 may be used, together with such additional criteria as may be deemed relevant to the specific type of public improvement by the Department, as the pre-qualification criteria. Evaluation of responses to the request for qualifications/prequalification shall be made as provided in paragraph (d) of this Section.
(d) Evaluation of responses to request for qualifications/ prequalification.
After the requests for qualifications are received and opened, all timely responses will be forwarded to the Department or Division responsible for letting the contract. The Department or Division will then promptly convene a panel of at least three persons familiar with the project to evaluate all responses. All responses, as determined by weighted score, that meet or exceed the minimum score will be invited to bid on the project via the contact information contained in the response.
(e) Construction Bid process.
1. For a public improvement that has been fairly estimated to cost in excess of ten million dollars as defined in subsection (a)(i), the prequalified bidders invited to bid on the project shall be provided with the bid specifications at a date and time at least three weeks from the date the invitations were announced to provide a bid for the project. The time and date will be the same for all invited bidders and will serve as the opening date. After opening, the bids will be evaluated and awarded in the same manner as non-two-tiered bids as set forth in this Chapter.
2. For eligible public improvements as defined in Subsection (a)(ii) and (a)(iii), the bid process may be expedited with the time for submission of construction bid responses after release of the bid specifications limited to not less than four (4) business days. However, bids shall be due on the same date and time. Bid bonds may be waived by decision of the Purchasing Commissioner, however, surety bonds will be required for each construction contract award.
(f) Provisions of Chapter Applicable. The provisions of the Chapter related to requirements to pay living wage, prevailing wage and/or enter into project labor agreements shall be applicable to all awards under this Section. However, for projects defined in subsection (a)(iii), a project labor agreement shall be required for all pre-qualified bidders and may be required in advance of the letting of construction bids for the individual public improvements. Other provisions of this Chapter, including those related to bond requirements, shall apply to awards made pursuant to this Section, except that in the case of a conflict with this Section, the provisions of this Section shall govern.
(Ord. 112-17. Passed 3-21-17; Ord. 294-23. Passed 5-30-23; Ord. 626-23. Passed 11-21-23.)
(a) The Living and Prevailing Wage Review Committee will be responsible for oversight of this section and the Office of Contract Compliance shall be responsible for enforcement. The Living and Prevailing Wage Review Committee will be appointed by the Mayor, thirty (30) days after passage of this legislation, and subject to confirmation by Toledo City Council. It shall be composed of (7) members with one representative from business; one representative from AFL-CIO; one representative the Northwest Ohio Building and Construction Trades Council; one representative from city council; one representative from a community development corporation; one representative from the Development Department; and, one representative from the Office of Contract Compliance.
(b) The Office of Contract Compliance shall investigate employee or interested party complaints of violation of this section and forward each complaint of violation, upon its receipt, to the Living and Prevailing Wage Review Committee who shall monitor the investigation and the resolution of the complaint. The Living and Prevailing Wage Review Committee shall review the resolution of each complaint, as reported by the Office of Contract Compliance and may forward all unresolved matters to the Director of Law for any appropriate legal action.
(c) All City contracts shall provide that upon a violation of any provision of this section the City financial assistance recipient, contractor or subcontractor who is out of compliance shall have thirty (30) days to come into compliance. Such contracts shall further provide that after thirty (30) days if the City financial assistance recipient, contractor or subcontractor remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies that may be available including the repayment of, or payment for, all or part of the financial assistance provided. If a City financial assistance recipient, contractor or subcontractor violates the provisions of this section twice, the City shall terminate all contracts already in force and that City financial assistance recipient, contractor or subcontractor shall be prohibited from receiving City financial assistance or contracting with the City for a period of five (5) years.
(d) City contracts to which this section applies shall expressly prohibit retaliation against any employee who claims violation of the provisions of this section or reports or testifies regarding an alleged violation.
(e) A City financial assistance recipient, contractor and/or subcontractor, subject to this section, shall post a notice stating that the employees may be subject to this ordinance; the current living wage with and without single coverage medical benefits; or the applicable prevailing wage rate for the project as established by the Ohio Department of Industrial Compliance (ODIC) for the Toledo area. The Living Wage notice shall be written in English as well as Spanish and shall state the following: "This employer is subject to the Living Wage and must be paying his employees $8.58 per hour or 110% of the updated federal poverty level for a family of four plus making available single health coverage in an amount not to exceed 15% of the employee's monthly wages. If the employer does not provide single health coverage, the wages must be $ 10.15 per hour or 130% of the updated federal poverty level".
(f) The City financial assistance recipient, contractor and/or subcontractor, subject to this section must twice yearly give to his/her employees a notice stating that the employee may be subject to the living wage ordinance and explaining the current living wage amount with and without single medical coverage. Employees may report any violations of this ordinance to the Living Wage Review Committee after attempting to resolve this matter with the employer.
(g) The Living and Prevailing Wage Review Committee and the Director of Law shall conclude the investigation conducted under Section 187.43(b) and make a determination within 90 days after the complaint is filed.
(Ord. 294-23. Passed 5-30-23.)