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When, in the prosecution of any work, or improvement under contract, it becomes necessary to make alterations or modifications in such contract, such alterations or modifications shall be made only upon the written order of the Mayor. No such order shall be effective until the price to be paid for the work and material, or both, under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and the Mayor in behalf of the City.
(Amended by electors 11-3-92)
No contract shall be executed or order involving the expenditure of money shall be made unless there is attached thereto a certificate of the Director of Finance that the amount required to meet the same has been lawfully appropriated for such purpose and is in the treasury or in the process of collection to the credit of appropriate funds free from any previous incumbrance as prescribed by the Revised Code of Ohio; and all expenditures of money shall be subject to the provisions thereof.
The term contract as used herein shall be construed as exclusive of current payrolls of regular employees and officers.
(Amended by electors 11-4-80)
All moneys actually in the treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the treasury before maturity of such contract, agreement, or obligation, from taxes or assessments, or from sales of services, products, or by-products, or from any City undertakings, fees, charges, accounts and bills receivable or other credits in process of collection; and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall, for the purposes of such certificate, be deemed in the treasury to the credit of the appropriate fund and subject to such certification.
No contract shall be executed or purchase made involving an expenditure of Ten Thousand Dollars ($10,000) or more unless the same shall have been first authorized by appropriate legislation. Every such contract shall be in writing and shall be executed in behalf of the City of Toledo by the Mayor. In case of such a purchase, no bid shall be accepted without the written approval of the Mayor.
(Amended by electors 11-3-92)
All contracts, agreements or other obligations entered into, and all ordinances, resolutions, and orders adopted, contrary to the provisions of the three preceding sections, shall be void, and no person shall have any claim or demand against the City thereunder, nor shall the Council, or any officer of the City, waive or qualify the limits fixed by any ordinance, resolution or order, complying with this or the three preceding sections, or fasten upon the City any liability whatever in excess of such limits, or release any party from an exact compliance with his or her contract under such ordinance, resolution or order.
(Amended by electors 11-7-00)
Public improvements of all kinds may be made by the appropriate department, either by direct employment of the necessary labor and the purchase of the necessary supplies and materials, with separate accounting as to each improvement so made, or by contract duly let after competitive bidding, either for a gross price, or upon a unit basis for the improvement, or by contract containing a guaranteed maximum and stipulating that the City shall pay within such maximum the cost of labor and materials, plus a fixed percentage of profit to the contractor. Contracts may provide a bonus per day for completion of the contract prior to a specified date, and liquidated damages to the City to be exacted in a like sum for every day of delay beyond a specified date.