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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).
(a) The proceeds from the sale of an artwork, after deducting the expenses of the sale, and honoring any contractual obligations which may exist, shall be deposited in an appropriate account or accounts within the Department of Natural Resources, established for the purpose of receiving public art funds, to be disbursed consistent with the Art in Public Places Program.
(b) Any work of art that is an asset of a revenue bond or voter-approved general obligation bond fund may be replaced by exchange for one or more other works of art of an aggregate equivalent value, and may not be disposed of as surplus or deaccessioned property without being so replaced until after the redemption date for all bonds of the particular bond issue that served as the revenue source for the acquisition of such work of art.
(Ord. 612-92. Passed 9-1-92.)
Except as limited by subsection (f) herein, and except for any contract supported in whole or in part by the State of Ohio or federal government, the dollar amount of any bidder's or proposer's bid or proposal for a public improvement or for goods or services, shall be evaluated as though those proposed by local bidders were either five percent (5%), four percent (4%), three percent (3%), three and one-half percent (3.5%), two and eighty-five hundredths percent (2.85%), two and three quarters percent (2.75%), and two and one quarter percent (2.25%) lower than actually proposed in accordance with the following schedule:
(a) (1) Bids and proposals for contracts involving forty thousand dollars ($40,000) or more received from bidders or proposers whose principal place of business is within the corporate boundaries of the City of Toledo shall be evaluated on a three percent (3%) reduction basis.
(2) Bids and proposals for contracts involving less than forty thousand dollars ($40,000) received from bidders or proposers whose principal place of business is within the corporate boundaries of the City of Toledo shall be evaluated on a five percent (5%) reduction basis.
(b) (1) Bids and proposals for contracts involving forty thousand dollars ($40,000) or more received from bidders or proposers that are located in the City of Toledo but do not have their principal place of business within the corporate boundaries of the City of Toledo shall be evaluated on a two and eighty-five hundredths percent (2.85%) reduction basis, when not competing against a City of Toledo bidder or proposer whose principal place of business is located within the corporate boundaries of the City of Toledo.
(2) Bids and proposals for contracts involving less than forty thousand dollars ($40,000) received from bidders or proposers that are located in the City of Toledo but do not have their principal place of business within the corporate boundaries of the City of Toledo shall be evaluated on a four percent (4%) reduction basis, when not competing against a City of Toledo bidder or proposer whose principal place of business is located within the corporate boundaries of the City of Toledo.
(c) (1) Bids and proposals for contracts involving forty thousand dollars ($40,000) or more received from bidders or proposers that are located outside the City of Toledo but within Lucas County shall be evaluated on a two and three-quarters percent (2.75%) reduction basis, when not competing against a City of Toledo bidder or proposer.
(2) Bids and proposals for contracts involving less than forty thousand dollars ($40,000) received from bidders or proposers that are located outside the City of Toledo but within Lucas County shall be evaluated on a three and one-half percent (3.5%) reduction basis, when not competing against a City of Toledo bidder or proposer.
(d) (1) Bids and proposals for contracts involving forty thousand dollars ($40,000) or more received from bidders or proposers that are located outside the City of Toledo and Lucas County but within the Northwest Ohio 10 County Area or Southeast Michigan 2 County Area shall be evaluated on a two and one quarter percent (2.25%) reduction basis, when not competing against a City of Toledo or Lucas County bidder or proposer.
(2) Bids and proposals for contracts involving less than forty thousand dollars ($40,000) received from bidders or proposers that are located outside the City of Toledo and outside Lucas County but within the Northwest Ohio 10 County Area or Southeast Michigan 2 County Area shall be evaluated on a three percent (3%) reduction basis, when not competing against a City of Toledo or Lucas County bidder or proposer.
(e) (1) A bidder's or proposer's principal place of business shall be demonstrated by documents filed with the Secretary of State of Ohio, other State agencies which identify as of the date the bids or proposals are due where the principal place of business is located. When proof of situs is required the local bidder or proposer must provide proof of principal place of business to the Mayor in order to receive a preference provided herein.
(2) A bidder or proposer located but not principal place of business in Toledo is a bidder or proposer whose physical, viable place of business is located within the corporate limits of the City of Toledo but not principal place of business within the corporate limits of the City of Toledo. When proof of situs is required the local bidder or proposer must provide proof of place of business to the Mayor in order to receive a preference provided herein.
(3) A bidder or proposer located but not necessarily principal place of business in Lucas County is a bidder or proposer whose physical, viable place of business is located within the corporate limits of Lucas County. When proof of situs is required the local bidder or proposer must provide proof of place of business to the Mayor in order to receive a preference provided herein.
(4) A bidder or proposer located within the Northwest Ohio 10 County Area, excluding Lucas County, is a bidder or proposer whose physical, viable place of business is located within the nine (9) Ohio counties of: Williams, Defiance, Fulton, Henry, Wood, Ottawa, Sandusky, Seneca and Erie. A bidder or proposer located within the Southeast Michigan 2 County Area is an individual or business entity whose physical, viable place of business is located within the two (2) Michigan counties of: Monroe, and Lenawee. When proof of situs is required the local bidder or proposer must provide proof of place of business to the Mayor in order to receive a preference provided herein.
(f) The maximum amount of preference shall be $300,000 and no bid shall be evaluated based on a reduction basis exceeding $300,000. Nothing herein shall be construed as increasing or decreasing the actual price of a bid or proposal and the resulting contract in accordance with their terms in this section is intended only to be used for purposes of comparing and evaluating bids and proposals for goods and services. A City of Toledo bidder or proposer is one who has a principal place of business and or a non-principal physical viable place of business located within the corporate limits of the City of Toledo. Nothing within this section shall be construed to create any private rights, claims or causes of action on behalf of any person, including but not limited to bidders, proposers.
(Ord. 154-21. Passed 4-27-21.)
All contracts involving an expenditure of the amount specified in Section 228 of the Toledo City Charter shall contain language requiring companies that are successful bidders to submit the following information as part of their bid package.
(a) An affidavit with the name and address of any individual owner or shareholder with twenty-five (25) percent or greater vested interest in said company who is subject to a court- ordered child support decree.
(b) For any individual identified in (a) above, the successful bidder must submit a certification from the appropriate authority that said individual is in substantial compliance with any court ordered child support. Substantial compliance means the individual is current regarding court ordered child support obligations or has entered into an agreement within the past thirty (30) days, with the appropriate authority to satisfy any delinquency and assure future payments.
(Ord. 55-97. Passed 1-21-97.)
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