Loading...
At the time and place prescribed in the advertisement for opening bids, they shall be opened, read and tabulated. The bids as tabulated shall be certified to the Mayor who shall determine the lowest and best bidder, or he may reject any and all bids. The provisions hereinbefore set forth requiring a check or bond with all bids on purchase contracts shall apply to all other contracts let on competitive bids, and all other provisions of the purchase code shall apply to other contracts as far as applicable thereto.
(1952 Code § 3-9-30)
(a) All contracts involving an expenditure of the amount specified in Section 228 of the Charter or more shall be in writing and shall be executed by the successful bidder and in behalf of the City by the Mayor. It shall be approved as to form by the Director of Law or his designee and there shall be designated on such contract the number of the ordinance authorizing the same. No such contract shall be executed unless there is a Certificate of Availability of funds attached thereto if required by the Charter and the laws of Ohio.
(b) The amounts and time of payments to contractors, engineers, consultants or any other entity entitled to payment for the public improvement ("contractor") that is the subject matter of the contract, shall be governed by this section or, if not specified in this section, by the terms of the written contract between the City and the contractor. Payment on approved invoices or estimates shall be made within thirty (30) days. The contractor shall not be entitled to interest for late payments.
(Ord. 239-23. Passed 5-30-23.)
(c) For all public improvement contracts, the City may make partial payments to the contractor at the rate of ninety-two percent (92%) of the estimates prepared and submitted by the contractor and approved by the City's engineer. Subsequently, if the character and progress of the work has been satisfactory, the City may determine that all labor performed after the job is fifty percent (50%) completed can be paid at the rate of one hundred percent (100%) of the estimates submitted by the contractor and approved by the City's engineer. In the alternative, however, the City may opt to make partial payments to a contractor at the rate of ninety-six percent (96%) of the estimates prepared by the contractor and approved by the City's engineer throughout and until completion of the project. In either case, the City shall hold all retained funds and the contractor shall not be entitled to interest on the retained funds. When all work has been satisfactorily completed and accepted, the retained amount shall be paid to the contractor.
(d) The City may agree to pay a public improvement contractor for approved materials delivered on the site of the work or at an approved storage site projects at the rate of ninety-two per cent of the invoice costs. The balance of the invoiced cost shall be paid when the materials are incorporated into the improvement. When a partial payment is permitted for materials delivered to a work or storage site prior to incorporation in the improvement, the materials shall become the property of the City, but if the materials are stolen, destroyed or damaged by casualty before being used, the contractor shall replace the materials at its own expense.
(Ord. 575-07/294-08. Passed 5-6-08; Ord. 106-11. Passed 3-8-11.)
(a) Every contract involving an expenditure of the amount of forty thousand dollars ($40,000) or more for the performance of work and labor and for the installation of equipment upon any street, highway, bridge, building or other public improvement in which both labor and material are involved, shall be accompanied by a bond in the Ohio statutory form, in an amount not less than the bid price, of the contractor to the City, guaranteeing the performance of the contract according to its provisions and payment of all lawful claims of subcontractors, material suppliers and laborers for work performed or materials furnished in performing the contract, and indemnifying the City against damages suffered by failure to perform the contract. Such bond shall be for the benefit of any subcontractor, material supplier or laborer having a just claim as well as the City.
(b) The sureties on such bond or the bank on such performance bond security shall be approved by the Commissioner of Purchases and Supplies and the bond/security shall be filed with the Commissioner of Purchases and Supplies. Any surety on a submitted bond must be licensed by the superintendent of insurance to execute such a bond in the state of Ohio.
(c) In lieu of a surety bond, the contractor may provide the City with one of the following forms of security from a solvent bank: (a) Certified check, (b) Cashier's check, or (c) Irrevocable letter of credit.
(d) The bond requirements under this Section may be waived by the Commissioner of Purchases and Supplies for contracts awarded pursuant to Code Section 188.07, the Small Business Enterprise Sheltered Market Program.
(Ord. 288-90. Passed 3-13-90; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03; Ord. 832-03. Passed 12-23-03; Ord. 239-23. Passed 5-30-23.)
In all purchases or other contracts involving an expenditure of the amount specified in Section 228 of the Charter or more the vouchers for payment shall be approved by the Director of Finance. Such voucher shall set forth the number of the ordinance authorizing the contract and shall designate the appropriation against which it is drawn.
(Ord. 124-89. Passed 2-14-89.)
At the end of each and every month the Commissioner of Purchases and Supplies shall file with the Clerk of Council a report showing in itemized form the purchases made by the Commissioner and the purchase price of such purchases.
(1952 Code § 3-9-34; Ord. 178-94. Passed 4-18-94; Ord.852-03. Passed 11-25-03.)
The Commissioner of Purchases and Supplies is hereby authorized and directed to contract with the highest and best bidder the salvaging privileges on city landfills after due advertising according to law and according to rules, regulations and specifications promulgated by the Director of Public Service.
(1952 Code § 17-6-142; Ord. 178-94. Passed 4-18-94; Ord. 852-03. Passed 11-25-03.)
(a) Purpose.
As the City's public art collection grows and ages, it is desirable to periodically assess individual works to determine their continued appropriateness in their current locations. The economic reality of conserving and maintaining a growing collection at increasing costs makes such an assessment prudent in order to best maintain works that decrease in value if neglected.
Deaccessioning should be considered only after careful evaluation according to established guidelines, and after other options have been considered. Unless the condition of the artwork or immediate environment dictates otherwise, deaccessioning should not be considered for a work of art earlier than five years from the date of acquisition.
(b) Definitions.
(1) "Art in Public Places Program". "Artwork", "Arts Commission", "City Plan Commission", and "Public Art Collection" have the meanings set forth in Section 167.06(b).
(2) "Conservation" means a broad concept of care of artworks including examination by an arts professional, action taken to prevent deterioration and restoration of artworks which may have already deteriorated.
(3) "Deaccession" means a process of disposing of artwork by means of sale, auction, trade, donation or destruction.
(4) "Surplus" means determined to be no longer of intrinsic value to the Public Art Collection.
(c) Responsibilities.
(1) The Arts Commission shall establish policies and specific guidelines, subject to the approval of the City Plan Commission, for the review and assessment of artworks owned by the City and deemed surplus.
(2) After fulfilling the responsibilities detailed in the approved policies and guidelines that shall be established in accordance with subsection (c)(1) hereof, the Arts Commission shall make a determination regarding the disposition of artworks that are proposed for deaccessioning.
(3) If the artwork is to be sold or auctioned, the following procedures shall apply:
A. The sale or auction shall be handled by arts professionals to assure that the highest reasonable price is received.
B. If the cost of professional services to handle the sale of the artwork is unreasonable compared to the expected sale value of the artwork, the sale may be handled in an alternative fashion that is deemed reasonably cost efficient.
(d) After the City Plan Commission has approved the Arts Commission's determination that an artwork should be deaccessioned from the City's collection of artworks, the Arts Commission may deaccession the same and arrange for its disposition in any of the following ways:
(1) Through an exchange of the artwork for one or more other artwork(s) of comparable aggregate value for the City's collection subject to availability of funds and all other requisite contracting requirements;
(2) Through a sale by an art gallery or dealer;
(3) Through a public auction or process inviting bids or proposals from the public and the acceptance of the best proposal;
(4) Through the Commissioner of Purchases and Supplies in the same manner as other surplus property;
(5) Through a loan, either for a definite or indefinite term, to another governmental entity on condition that the receiving entity shall maintain the artwork and provide an accompanying notice of the City's retained ownership;
(6) Through redonation, sale or other arrangement agreed upon with the original donor or artist at the time the City acquired such artwork; or
(7) In the event the artwork has been destroyed or damaged beyond a reasonable cost to repair, or has no or only a negligible value, through disposition in accordance with policies and guidelines established by the Arts Commission and approved by the City Plan Commission.
(e) If an artwork was donated to the City on the condition that the artwork be returned or transferred to another person or entity when it is no longer displayed or ceases to be a part of the City's collection, upon the occurrence of circumstances making such condition applicable, the Arts Commission shall request directions from the donor or the donor's representative(s), as appropriate. The artwork shall be returned to the donor or transferred consistent with the terms of such condition, if such condition applies, and the directions of the donor or the donor's representative(s).
(f) In the event the artist has reserved a right to repurchase the artwork when the City's artwork is to be disposed of, the artist shall be allowed a reasonable opportunity to repurchase it at its fair market value, as determined by appraisal procedures pursuant to policies and guidelines established by the Arts Commission. Alternatively, the artwork may be exchanged for one or more other artwork(s) that is deemed appropriate for inclusion in the City's collection and that has or together have an aggregate appraised value equal to the fair market value of the City's artwork.
(Ord. 612-92. Passed 9-1-92).
Loading...