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TOLEDO MUNICIPAL CODE
CERTIFICATION
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EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
TITLE THREE - Legislative
TITLE FIVE - Officers and Departments
TITLE SEVEN - Boards & Commissions
TITLE NINE - Financial Management and Procedures
CHAPTER 187 Purchases and Supplies
187.01. Requisitions for purchases.
187.02. Standard specifications.
187.03. Contract execution.
187.04. Open order purchases.
187.05. Certain purchases to be authorized.
187.06. Purchases on competitive bidding.
187.07. Advertisement for bids.
187.08. Bids.
187.09. Deposit to guarantee bid.
187.10. Purchase contracts.
187.11. Certification of bids.
187.12. Awarding contracts.
187.13. Returning deposits.
187.14. Single deliveries.
187.15. Requisitions between departments.
187.16. Municipal warehouse.
187.17. Stores Rotary Fund.
187.18. Transfers among departments.
187.19. Sale or lease of real estate.
187.19(a). Land Reutilization Program (Landbanking Program)
187.20. Emergency purchases and contracts.
187.21. Manual of purchasing procedure.
187.22. Rules and regulations for other contracts.
187.23. Authority to execute contracts.
187.24. Competitive proposals.
187.25. Advertisement for bids.
187.26. Opening bids.
187.27.
187.28. Bond to secure performance of contract.
187.29. Vouchers.
187.30. Monthly report of Administrator.
187.31. Salvaging on landfills.
187.32. Deaccessioning and deposition of surplus artworks.
187.33. Application of proceeds of sale of artwork.
187.34. Local preference.
187.35. Substantial compliance with court ordered child support requirement.
187.36 Living wage definitions
187.37 Living wage requirements, payment by employer, exemptions.
187.38 Repealed by Ord. 294-23.
187.39 Living wage review, severability
187.40 Living wage effective date
187.41 Late payment charge; collection.
187.42 Two tiered selection.
187.43 Living and Prevailing Wage Review Committee, enforcement, notices.
CHAPTER 188 Diversity and Inclusion in City Procurement
CHAPTER 189 Sale of Bonds
CHAPTER 190 Trust and Agency Funds
CHAPTER 191 Deposit of Funds
CHAPTER 192 Deposit, Investment and Management of Public Funds
CHAPTER 193 Disbursement of Funds
CHAPTER 194 City Auditor Powers and Duties
CHAPTER 195 Treasury Investment Account
TITLE ELEVEN - Judicial
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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187.13. Returning deposits.
   Within five days after any contract is awarded as herein provided all deposits and certified checks shall be returned with the exception of the successful bidder and the next lowest bidder. If the successful bidder enters into a purchase contract within five days from the date of final award, or within such additional time as the Mayor may grant and furnish, when required, the additional bond or security for the performance of the purchase contract, the certified or cashier's check shall be returned to him. If he fails to do so, the award shall be cancelled and the certified check retained as liquidated damages. All checks except as hereinafter provided, held by the City, shall be returned at the time of the execution of the purchase contract.
(1952 Code § 3-9-17)
187.14. Single deliveries.
   In the case of any purchase involving an expenditure of the amount of forty thousand dollars ($40,000) or more which covers a single delivery, the Commissioner of Purchases and Supplies in his discretion may dispense with a bond for the performance of the purchase contract. In such a case the check deposited with the bid shall be retained until final payment by the City is made, and shall be deemed to be in lieu of the contract bond and shall have the same legal effect. In all other cases a bond shall be required if necessary to protect the City on deliveries, and the sureties on such bonds shall be approved by the Director of Finance. The amount of the bond shall be fixed by the Commissioner of Purchases and Supplies, but it shall not exceed the bid price.
(1952 Code § 3-9-18; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03; Ord. 832-03. Passed 12-23-03.)
187.15. Requisitions between departments.
   Whenever any department or division of the City requires services, equipment, materials or supplies from another department or division, requisitions may be made for such purpose with the appropriate credits and debits to appropriations, and in such case no competitive bids shall be required.
(1952 Code § 3-9-19)
187.16. Municipal warehouse.
   The Commissioner of Purchases and Supplies shall have charge of all storerooms of the City and any general warehouse hereafter established for the storage of materials and supplies furnished for the benefit of the City for the future use of the various departments, divisions, boards or commissions thereof. He shall keep records of all stocks; issue stock on requisition, charging the stocks issued to the requisitioning unit at the purchase cost; and perform such other duties in regard to this function as may be required by rule or regulation.
(1952 Code § 3-9-20; Ord. 178-94. Passed 4-18-94; Ord.852-03. Passed 11-25-03.)
187.17. Stores Rotary Fund.
   Whenever materials or supplies are purchased for delivery to the storeroom or warehouse in anticipation of the future needs of the various units of the City, such purchases shall be made from the Stores Rotary Fund. The Stores Rotary Fund and its method of operation shall be established by ordinance of Council.
(1952 Code § 3-9-21)
187.18. Transfers among departments.
   If any departments or subdivision has personal property not needed it shall certify such fact to the Commissioner of Purchases and Supplies. If any such property is suitable for use for any other department or division it may be transferred to such department or division and they shall be charged the value thereof. If such property is not needed for any municipal use it shall be sold by the Commissioner and the proceeds of the sale credited to the General Fund. If the amount involved is under the amount of forty thousand dollars ($40,000), informal competition only shall be required. If the amount involved is in the amount of forty thousand dollars ($40,000) or over, it shall be sold to the highest and best bidder after advertisement in the City Journal in the same manner and for the same period prescribed for purchases.
(Ord. 31-83. Passed 1-18-83; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03; Ord. 832-03. Passed 12-23-03.)
187.19. Sale or lease of real estate.
   Real property belonging to the City shall be sold or leased pursuant to an ordinance passed by Council, authorizing such sale or lease, after a finding by the department having custody and control of such property that it is no longer needed for municipal purposes or, in those cases in which real estate is offered only for lease for a term, that it will not be needed for municipal purposes during the term of the proposed lease.
   The sale or lease of real estate pursuant to this section shall be by competitive bid, except as otherwise provided herein. Bids shall be taken after advertising for once a week for three consecutive weeks in the City Journal and at the option of the department having custody and control of such real estate in any other publication.
   In any event, the City shall in all cases reserve the right to reject all bids in the event that the appropriate City agency determines that no bids submitted are acceptable.
   Council may, by ordinance, authorize the sale or leasing, without competitive bids, of real or personal property in the City, not needed for any municipal purposes, to the United States of America, the State of Ohio, any subdivision or agency of the United States or the State of Ohio, or to any corporation or quasi-corporation not for profit, organized for a public or charitable purpose, upon such terms as may be deemed proper by Council.
   Leases, amendments thereto and agreements for the use of City-owned parking facilities shall be signed or executed by the Mayor.
   When real estate owned by the City is not needed for any municipal purpose, the Mayor is authorized to rent any such property without further action by Council other than this section, when the reasonable annual rental therefor does not exceed three thousand six hundred dollars ($3,600).
   Any City-owned property may be leased on a month-to-month basis by the Mayor without further action by Council other than this section.
   In those cases in which Council determines that it is in the best interest of the City, City- owned real estate may be sold or leased without competitive bidding.
   The fact that competitive bidding is being eliminated and the reason why the public interest requires it shall be stated in any ordinance authorizing the sale without competitive bids.
   When real property, owned by the City and zoned “P” for Park, or when real property currently serving as a “park” to the community, is intended to be sold, leased, rezoned, changed to a use other than a park or the control of which is transferred from one department or division to another, a 30-day written notice must be given to City Council. Any such action taken without observation of the 30-day waiting period shall be null and void.
(Ord. 686-99. Passed 8-31-99.)
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