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City of Cleveland Codified Ordinances, Chapter #181
PART ONE — ADMINISTRATIVE CODETitle XV — Purchases And ContractsChapter 181 — Purchases and SuppliesComplete to June 30, 2007
CROSS REFERENCES
Division of Purchases and Supplies, Charter § 101
Contracts certified, Charter § 106
Authorization of contracts, Charter § 108
Conditions when contracts are void, Charter § 109
Contract interest, Charter § 195
Restrictions on contracts, RC 715.68, 731.48
Board of Control approval of contracts, RC 733.22 et seq.
Advertising for City improvement contracts, CO 185.01
Commissioner of Purchases and Supplies to advertise for bids for rehabilitation, CO 321.13 et seq.
The Commissioner of Purchases and Supplies shall make all purchases, and by direction of the Board of Control, sell all property, real and personal, as provided in Charter Section 101, in the manner and with opportunity for competition under the rules and regulations established by this chapter and Chapter 183.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
(a) The Commissioner of Purchases and Supplies, pursuant to the authority of Charter Section 101, shall have charge of and supervise all storerooms and warehouses now established in the several departments and divisions of the City, and all storekeepers, stockkeepers and other persons employed in such storerooms and warehouses shall work under his supervision.
(b) The Commissioner shall have authority to increase or diminish the number of storerooms and warehouses, with the approval in each case of the Director of Finance. He shall cause to be kept adequate stock records, which shall at all times show the number or amount and the value of all items carried in such storerooms and warehouses; the receipt of all items by the storerooms and warehouses, and the cost of all such items, the issuance of all items by the storerooms and warehouses to City departments and offices upon requisition therefore and the charges made thereupon. At the end of each year the Commissioner shall cause an inventory to be taken of all items in the storerooms and warehouses of the City under his supervision, compare such inventory with the stock records of the same date and furnish copies thereof to the Director.
(c) Whenever articles, commodities, supplies, materials or equipment is purchased and delivered to the storerooms or warehouses of the City in anticipation of requisitions from the several departments, divisions and offices, and it is impracticable at the time of such delivery to apportion the cost thereof or any part of such cost, to the several departments, divisions and offices, payment shall be made from the City Storeroom Fund of the Division of Purchases and Supplies, to be repaid by the several departments, divisions and offices as they receive such supplies upon requisitions.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
On or before December 1 of each year, and at such other times as contracts for supplies are to be let, the director of each administrative department or the responsible head of each office other than an administrative department, shall submit to the Director of Finance an estimate upon forms to be furnished by the Director, of all articles, commodities, supplies, equipment and materials anticipated to be needed by such department or office for its regular operation during the ensuing year. Such estimate shall specify the quantity and character of each item needed, in accordance with standard specifications of the City. All such estimates shall be transmitted to the Commissioner of Purchases and Supplies, who shall prepare a summary statement which shall show the total quantities estimated to be required by all departments and offices, of each item of such articles, commodities, supplies, equipment and materials. The estimates and the summary shall show also the amount of all such articles, commodities, supplies or equipment and materials, estimated to be on hand or in stock in such departments and offices or in the City storerooms or warehouses, and the net quantities which it will be necessary or advisable to purchase during the ensuing year. The estimates and the summary shall also show the quantity, character and estimated value of all articles, commodities, supplies, equipment and materials or other property on hand in the several departments or in the storerooms and warehouses of the City, which is no longer usable or needed and which may be condemned and sold by the City.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
The Commissioner of Purchases and Supplies shall prepare or cause to be prepared and shall adopt and may alter, change and amend standard specifications for each class, grade or description of the various articles, commodities, supplies, equipment and materials ordinarily required by the City, in every case where it is practicable to do so. Standard specifications shall be such as will procure for the City articles, commodities, supplies, materials and equipment of the best quality and character and design of the goods required for the purposes to be served, and shall be so drawn as to facilitate the making of bids therefrom, and as to encourage bidding from as many persons, corporations and concerns as may be prepared to furnish the articles, commodities, supplies, materials or equipment, as the same may be needed by the City.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
When standard specifications have been adopted covering any article, commodity, supply, material or equipment, officers or employees thereafter making requisitions for items to be used for purposes covered by standard specifications shall make such requisitions in accordance with such standard specifications, unless by reason of special circumstances any change therein is necessary or economical in such special case. No exception shall be made unless the requisition requesting it is accompanied by a written statement explaining the necessity therefor and unless such statement and requisition are approved by the Director of Finance.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
Requisitions for articles, commodities, supplies, materials or equipment by any department or office shall be addressed to the Commissioner of Purchases and Supplies, approved by the director of such department or the head of such office and shall cite the City's standard specifications for the items desired, or shall be accompanied by samples or by adequate specifications, or by both, in cases where the standard specifications are not applicable. If the department or office has available a sufficient appropriation balance, the Commissioner shall either furnish the items requisitioned from the storerooms or warehouses of the City, or shall procure them by purchase under a purchase contract previously made, or shall procure them by purchase in the market.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
Whenever any office or division of the City requires services, supplies or equipment which another office or division of the City is able to furnish, suitable requisition may be made and such services, supplies or equipment may be furnished. In such cases bids need not be obtained. Appropriate charges and credits shall be made to accounts affected by such transactions.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
All purchases or contracts involving an expenditure of not more than ten thousand dollars ($10,000) shall, whenever possible, be based on at least three bids and shall be awarded to the lowest and best bidder giving full consideration to the goals set forth in division (c)(1) of Section 187.03 of these Codified Ordinances. The Commissioner of Purchases and Supplies shall post a list of the requisitions requesting such purchases upon a bulletin board open to public inspection for a period of not less than forty-eight hours prior to the time fixed for the taking of bids, and if no satisfactory bid is received pursuant to such posting, he shall solicit bids by direct mail or by telephone to prospective vendors.
(Ord. No. 2725-89. Passed 12-18-89, eff. 12-22-89)
Notwithstanding, and as an exception to the requirements set forth in Section 181.08, whenever any office or department requisitions articles, commodities, supplies, material or equipment which is seldom needed and is not stocked in the storerooms or warehouses of the City and which costs a total of one thousand dollars ($1,000.00) or less, the Commissioner of Purchases and Supplies is authorized to procure such articles, commodities, supplies, material or equipment by noncompetitive purchase in the market for the best price obtainable, provided the approval of the Director of Finance is first obtained.
(Ord. No. 1286-96. Passed 9-30-96, eff. 10-9-96)
No purchase amounting to more than ten thousand dollars ($10,000), except as provided in Section 181.08, shall be made until authorized and directed by ordinance of Council. After being so authorized and directed by ordinance of Council the Commissioner of Purchases and Supplies, in addition to the posting required in Section 181.08 shall cause advertisements for bids to be made in the City Record once a week for two consecutive weeks and the Commissioner shall immediately report the bids received to the director of the department involved, who in turn shall transmit such bids with his recommendations thereon to the Board of Control, for consideration at its next regular meeting. Any or all bids may be rejected. No purchase contract shall be awarded without the approval of the Board, and only to the lowest and best bidder. Purchase contracts so approved shall be reduced to writing and signed on behalf of the City by the director of the department involved, and no such purchase contract shall be made unless it is reduced to writing and entered into pursuant to the ordinances of the City.
(Ord. No. 2725-89. Passed 12-18-89, eff. 12-22-89)
The Commissioner of Purchases and Supplies is hereby authorized to make noncompetitive purchases for the best price obtainable in the following circumstances:
(a) When the purchase is for the purpose of determining the fitness or suitability of any product to meet the special requirements of the City and is limited to the smallest amount sufficient for such test purposes, in no event more than one thousand dollars ($1,000.00).
(b) Where emergency repairs or necessary replacement parts are required immediately for the continued operation of any automotive or other equipment involving an expenditure of not more than ten thousand dollars ($10,000.00).
(c) When the director of the department involved requisitions the purchase of any commodity or article by brand name setting forth the reasons why no other commodity or article except the one specified is suitable for the intended use, when the amount involved is less than one thousand dollars ($1,000.00) and the director of finance has approved such purchase, and with the additional approval of the Mayor when the amount is more than one thousand dollars ($1,000.00) but not more than ten thousand dollars ($10,000.00).
(d) The purchase of coal for the various divisions of the City shall be based upon the certified copy of the analysis of the coal made by a recognized independent testing laboratory which shall be filed with the bid and made a part thereof, and the specified satisfactory burning quality of the coal in the equipment for which purchased. Conformity of the coal to the certified analysis shall be determined by chemical tests conducted by the City and the satisfactory burning quality of the coal shall be determined by test in use in the equipment for which the coal is purchased. Failure of the coal to meet the chemical test and the burning test shall be cause for rejection of the bid. The delivery of coal not meeting the chemical test and the satisfactory burning quality shall be cause for cancellation of the contract if a contract is awarded. The costs incurred by the City in making all chemical tests shall be charged to the bidder or contractor in the event that the coal tendered does not meet such tests. For the purpose of determining conformity to the chemical analysis and satisfactory burning quality of any coal proposed to be sold to the City, the bidder may be required to supply from one to ten car loads of such coal.
(Ord. No. 1286-96. Passed 9-30-96, eff. 10-9-96)
When an emergency occurs requiring an immediate purchase in order to prevent the interruption of public service endangering public health, safety or welfare, the Commissioner of Purchases and Supplies may make such purchase notwithstanding that the amount involved exceeds ten thousand dollars ($10,000), if the Mayor, the President of Council, the Chairman of the Finance Committee of Council and the Director of Finance determine such immediate purchase necessary, provided that such purchase shall be reported to Council at the next regular meeting thereof. It is provided further, that nothing contained in this section shall be deemed to authorize any contract for service to be performed beyond the period of the second meeting of Council following the authorization of such contract by the officials so empowered hereunder.
(Ord. No. 2725-89. Passed 12-18-89, eff. 12-22-89)
The Commissioner of Purchases and Supplies is hereby authorized and directed to purchase from the United States or any instrumentality or agency thereof charged with the disposal of surplus commodities, any materials, supplies or equipment which may be determined by the Board of Control to be necessary or desirable for any of the several departments of the City at the price fixed by the United States or such instrumentality or agency thereof. When any department receives a Federal grant, the Commissioner may utilize procurement sources available throughout the General Services Administration Agency of the United States prior to private source procurement in the expenditure of Federal grant money. All purchases under this section of ten thousand dollars ($10,000.00) or less shall first be authorized by the Board of Control and a written report of every such purchase shall be filed with Council forthwith.
(Ord. No. 1286-96. Passed 9-30-96, eff. 10-9-96)
The Commissioner of Purchases and Supplies is hereby authorized to purchase from the State such materials, supplies or equipment as may be manufactured or produced in any of the State-owned institutions as the Board of Control shall determine necessary or desirable for any of the several departments of the City at the prices fixed by the proper authority of the State. However, all such purchases in addition to the authorization by the Board shall, if more than ten thousand dollars ($10,000.00), be authorized by the Council.
(Ord. No. 1286-96. Passed 9-30-96, eff. 10-9-96)
Wherever personal property, which has been used by the City, can in the opinion of the Commissioner of Purchases and Supplies, be more advantageously exchanged as part payment of the purchase price of a new article of a similar nature, the Commissioner shall advertise for bids for prices at which a new article will be furnished the City. Such bid shall recite, in addition to such price and the other recitations required by the ordinances of the City, the amount which will be allowed to the City for the used article which is proposed to be given in exchange as part payment for the new article to be purchased by the City.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
The purchase of foodstuffs and perishable supplies required for use in the hospitals and similar institutions and the purchase of beer for sale at the golf courses of the City, which the Commissioner of Purchases and Supplies has determined to be impracticable to obtain through a requirement contract basis, may be made on orders given in the open market without posting. The purchases authorized under this section shall not be considered to be splitting of requisitions as prohibited under Charter Sections 108 and 109.
(Ord. No. 9-03. Passed 3-3-03, eff. 3-5-03)
Whenever any coal is purchased by the City under specifications which require a formal analysis of the coal, such analysis shall be made either by regular employees of the City or by an outside firm of analysis. The Mayor shall determine from time to time by which method analysis shall be made.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
(a) Subject to division (b) of this section, all products, byproducts, and materials resulting from the operation of municipal departments, including without limitation grease and tankage manufactured by the Division of Waste Collection and Disposal, and rags, waste paper, bottles and scrap metal accumulated by the Division of Streets, shall be sold by the Commissioner of Purchases and Supplies at such times and in such manner as may be directed by the Board of Control.
(b) All materials collected by the City or its contractor pursuant to the City's curbside recycling program may be sold by the Commissioner of Purchases and Supplies to the highest bidder after a full and complete canvass performed by the Director of Public Service. The Director of Public Service shall provide to the Board of Control on a monthly basis a complete listing of all sales agreements entered into pursuant to this division (b).
(c) All contracts for and sales of the products, byproducts, and materials described in division (a) of this section shall be advertised and awarded in the same manner as are purchases of like amount. However, if no satisfactory bids are received following advertisement as herein provided, the director of the department having charge of the products, byproducts or materials is hereby empowered, when so directed by the Board of Control to employ the customarily commercial methods used in private enterprise of a like nature to secure for the City the benefit of a satisfactory contract.
(Ord. No. 934-91. Passed 5-20-91, eff. 5-28-91)
In the event that market conditions cause the City to be unable to sell materials which the City or its contractor has collected as part of the City's curbside recycling program, the Commissioner of Purchases and Supplies is authorized to enter into a purchase contract or contracts for the collection of such materials from the City with the lowest bidder after a full and complete canvass performed by the Director of Public Service, provided that the amount of any contract for the purchase of collection services shall not exceed ten thousand dollars ($10,000). The Director of Public Service shall provide the Board of Control on a monthly basis with a complete listing of all purchase agreements entered into pursuant to this section.
(Ord. No. 934-91. Passed 5-20-91, eff. 5-28-91)
(a) Except as provided in Section 181.15, all personal property of the City not needed by the department or office in whose charge such property is, shall be turned over to the Commissioner of Purchases and Supplies. If any such property is suitable to be used by any other department or office of the City, the Commissioner shall, when so directed, sell such property at its current value to such other department or office, or shall place it in the City storerooms or warehouses until such time as it may be needed by some department or office of the City. If such property is not needed or is not suitable for the use of any department or office of the City, when so directed by the Board of Control it shall be sold by the Commissioner and the proceeds of such sale shall be turned in to the fund of the City from which such property was paid for. Such sale shall be posted and advertised in every case in like manner as are purchases in amounts equal to the anticipated receipts from such sales. However, in the event the Board so directs, the Commissioner may sell such property at public auction, to be held at a place to be designated by the Commissioner, and named in the advertisement of sale to be posted and advertised for two consecutive weeks prior to the date of such sale.
(b) When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to the service weapon of a police officer with more than twenty-three (23) years of service in the Division of Police or with respect to the helmet of a fire fighter with more than twenty-three (23) years of service in the Division of Fire, or with respect to the badge of an EMT/Paramedic with more than twenty-three (23) years of service, such weapon, helmet and/or badge shall be turned over to the Commissioner of Purchases and Supplies. Military service time purchased by an officer, fire fighter or EMT/Paramedic following twenty (20) years of service shall be applied to the service time necessary for this provision. This provision shall apply to any officer, fire fighter, or EMT/Paramedic under disability retirement. The Commissioner of Purchases and Supplies shall, when so directed by the Board of Control, offer to sell such service weapon, helmet and/or badge to such police officer, fire fighter or EMT/Paramedic for its fair market value. In lieu of paying cash for the weapon, helmet and/or badge, such police officer, fire fighter or EMT/Paramedic may elect to forego all or any portion of any uniform or uniform maintenance allowance to which he is entitled at the time of the purchase; provided, however, that the sum of any cash payment and the allowances devoted to the purchase shall equal the fair market value of the item or items.
(c) When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Fire, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity existing to preserve the history of the Division of Fire, for use in a fire fighter museum.
(d) When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Police, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity, existing to preserve the history of the Division of Police, for use in a museum.
(e) When the Director of Public Safety makes a determination in accordance with Section 101 of the Charter with respect to any apparatus, equipment and/or personal property of the Division of Emergency Medical Service, upon resolution of the Board of Control, the Commissioner of Purchases and Supplies may loan such apparatus, equipment and/or personal property to a local museum, or a like entity, existing to preserve the history of the Division of Emergency Medical Service, for use in a museum.
(Ord. No. 1532-02. Passed 6-11-07, eff. 6-15-07)
Specifications for the purchase of supplies, materials or equipment shall be prepared by the Commissioner of Purchases and Supplies with such technical assistance as he may require from the proper officers of the department requesting such purchase. In conformity with the requirements of Charter Section 102 he shall see that such specifications do not unduly restrict competition and are so prepared as to secure the supplies, materials or equipment required for the operation of the department requesting the same at the best available price.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
(a) For purposes of this section:
(1) "Recycled paper" shall mean paper which is at least fifty percent (50%) by weight composed of material which otherwise would have been destined for the waste stream, including without limitation newspapers, magazines, paperboard, boxes, tabulating cards, used fibrous material such as rags, and overstock or obsolete inventories from distributors, wholesalers, printers, and others.
(2) "Recycled material" shall mean material other than paper, the components of which, in whole or in part, would otherwise have been destined for the waste stream.
(b) Whenever the City seeks bids on paper products, the Commissioner of Purchases and Supplies shall take all reasonable steps to ensure that vendors of recycled paper products are notified and given the opportunity to submit bids.
(c) In evaluating bids for paper products, the Commissioner of Purchases and Supplies shall give preference to recycled paper products, provided that said Commissioner, in consultation with the director of the user department, determines that the quality of such products is equal or superior to those non-recycled paper products which are bid, and provided further that the price bid for recycled paper products does not exceed the lowest price bid for non-recycled paper products by more than five percent (5%).
(d) All bid specifications for manufactured products other than paper shall request the bidder to determine whether he or she is able to submit a bid using recycled material. If both of the following apply, the bidder shall submit an alternate bid using the maximum amount of recycled material possible in light of the technology in existence at the time the bid is submitted:
(1) the product which is made of recycled material is of equal or superior quality to that of a like product which is made from non-recycled material; and
(2) the product may be made at a cost which is not more than five percent (5%) greater than the cost of a like product which is made from non-recycled material.
Even if divisions (d)(1) and (d)(2) of this section do not apply, the bidder may, at his or her option, submit an alternate bid using recycled material.
(e) In evaluating bids for a manufactured product other than paper, the Commissioner of Purchases and Supplies shall give preference to a product made from recycled material, provided that said Commissioner, in consultation with the director of the user department, determines that the quality of such product is equal or superior to that of a like product which is bid using only non-recycled material, and provided further that the price bid for the manufactured product made from recycled material does not exceed by more than five percent (5%) the lowest price bid for the manufactured product using non-recycled material. The Commissioner of Purchases and Supplies shall promulgate regulations for the application of the preference. Said regulations shall be published in the City Record and shall include a requirement that the Commissioner shall take into consideration the total percentage of recycled material used in the product.
(Ord. No. 781-A-91. Passed 9-30-91, eff. 10-8-91)
Note: Pursuant to Section 4 of Ord. No. 781-A-91, Section 181.201 shall take effect October 8, 1992.
Every advertisement for bids shall specify the place where bids will be received and the day and place where the same will be opened, and shall state that at 12:00 noon on the last day for filing bids made pursuant to advertisement, the Commissioner of Purchases and Supplies will open and read all such bids.
(Ord. No. 2929-76. Passed 12-20-76, eff. 12-27-76)
Every bid must be made upon the blank form of bid attached to the invitation to bid, must give the price of each and every item bid on, in figures, must contain the full name of every person, firm or corporation interested in the bid and the address of the person, firm or the president and secretary of the corporation bidding and the name and address of every subcontractor and materialman which the bidder intends to utilize in accomplishment of the contract work. If a corporation, the bidder must give the name of the State in which it is incorporated and the bid must be clearly signed with the full name and address of each person, firm or corporation interested in the bid.
(Ord. No. 792-03. Passed 6-10-03, eff. 6-12-03)
Each bidder shall be required to submit with his bid, an affidavit stating that neither he nor his agents nor any other party for him has paid to or agreed to pay, directly or indirectly, any person, firm or corporation any money or valuable consideration for assistance in procuring or attempting to procure the contract bid upon, and further agreeing that no such money or reward will be hereafter paid. This affidavit must be on a form provided by the City.
(Ord. No. 2160-84. Passed 10-8-84, eff. 10-15-84)
Each bid shall be accompanied by a bid bond signed by a surety company authorized to do business in Ohio, or by a cashier's check or certified check on a solvent bank, which bond or check shall be five percent of the amount of the bid. Except that with purchase contracts not in excess of ten thousand dollars ($10,000) the amount of such bond or check shall be not less than three percent of the amount of the bid and in no event less than fifty dollars ($50.00). The bond or check shall be given as security that if the bid is accepted a contract will be entered into and the performance of it properly secured.
(Ord. No. 33-63. Passed 1-28-63, eff. 1-29-63)
(a) Where a check has been deposited with a bid which through inadvertence of the bidder has not been certified, or the amount thereof is insufficient by an amount less than ten percent of the required amount under the provisions of Section 185.05, the Board of Control, when satisfied that it is in the public interest to do so, may waive such informality or irregularity and award the contract pursuant to such bidding to the lowest responsible bidder notwithstanding such informality or irregularity.
(b) In the event of any such waiver by the Board, the Mayor shall transmit to Council, at the next regular meeting thereafter, a report of such waiver containing the name of each bidder, the amount of each bid, the purpose and amount of the contract awarded and the nature and reason for such waiver.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
(a) The bid bond, certified or cashier's check shall be forfeited and the principal amount of the bid bond shall be paid to the City, or the check shall be surrendered to the City as the agreed amount of liquidated damages in case of failure to enter into contract for the work bid upon. The bid bond or check shall be released or returned to the bidder in case his bid is rejected.
(b) In case his bid is accepted, the bid bond or certified or cashier's check shall be returned after the contract has been signed and the performance bond has been furnished to and approved by the City. The bid bond or certified or cashier's check of the next lowest responsible bidder shall be retained until the lowest responsible bidder has signed and secured the performance of his contract, or if he fails to do so, the bid bond or check shall be further retained until the second lowest responsible bidder has signed and properly secured the contract awarded to him. In default thereof the bid bond or certified or cashier's check shall be forfeited to the City as liquidated damages.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
No bid will be accepted from, or contract awarded to, any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter as surety or otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
No bid will be allowed to be withdrawn after it has been deposited with the Commissioner of Purchases and Supplies.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
All bids shall be endorsed with the title or number of the proposed contract, or of the advertisement therefor, and with the name and residence of the bidder, and shall be properly tabulated and summarized immediately after being read. The tabulation and summary shall become a public record in the office of the Commissioner of Purchases and Supplies.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
The City, through the Board of Control, shall reserve the right to reject any or all bids, and any part of any bid, and also the right to waive any informalities in the bid. In awarding a contract, the City shall reserve the right to consider all elements entering into the question of determining the responsibility of the bidder. Any bid which is incomplete, conditional, obscure or which contains additions not called for or irregularities of any kind, may be cause for rejection of bid.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
Unless further time is required for analysis of the bids or investigation of the responsibility of any bidder and in the absence of a limitation upon the time of acceptance set forth in the bid, the Board of Control shall make an award or reject all bids not later than the second regular meeting of the Board following the opening of bids. Any extension of time beyond the date fixed by the successful bidder or the fourth regular meeting of the Board, whichever event shall first occur, shall be subject to agreement between the bidder and the Board.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
Except for a purchase contract awarded in the amount of fifty thousand dollars ($50,000) or less, or where by reason of the nature of the purchase the Commissioner of Purchases and Supplies, with the approval of the Director of Finance, has determined that it is impracticable or unnecessary to require a bond, or for contracts anticipated to be under $500,000 and of a type where MBEs or FBEs are determined to be underutilized at a statistically significant level, when the Commissioner of Purchases and Supplies, with the prior approval of both the Director of Finance and the Director of the Office of Equal Opportunity, based on standards promulgated by the directors to protect the City's interests, has determined that to reduce or waive a bond requirement will enhance contract competition by making City contract awards equitably available to all qualified contractors and will benefit the City's interests, the performance of contracts for the purchase of articles, commodities, supplies, materials or equipment, or services shall be secured by a bond with good and sufficient sureties, approved by the Director of Law, and in an amount equal to at least twenty-five percent (25%) of the contract price. Said bond shall be substantially in the following form:
Form B
BOND
Know All Men by These Presents, That we, the undersigned ————————————— as principal, and ————————————— as surety, are hereby held and firmly bound unto the City of Cleveland in the penal sum of —————————— Dollars ($—————), for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents.
The conditions of this obligation are such that whereas the above named principal did, on the ————— day of —————, 20———, enter into the contract hereto attached with the City of Cleveland, to furnish and deliver to the City of Cleveland the goods, wares, merchandise or services mentioned therein, which said contract is made a part of this bond the same as if fully set forth herein:
Now, if the principal shall well and truly execute all and singular the stipulations by it to be executed in the aforesaid contract, and shall fully perform all and singular the terms, conditions, and requirements of the specifications and contract, and shall indemnify and save harmless the City of Cleveland from any and all suits and expense over and above the expense included in the contract price for royalties or infringements on patents that may be involved in the construction of the goods, wares and merchandise contracted for, or of any part thereof, and further shall indemnify and save harmless said City of Cleveland from all liens, charges, claims, demands, loss, costs and damages of every kind and nature whatsoever in the performing or completing of said contract, then this obligation shall be void, otherwise shall be and remain in full force and virtue of law, it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.
Provided that any forbearance on the part of the City of Cleveland toward the above named principal in respect to its neglect or failure to perform any or all of said agreements or obligations on its part to be performed under said contract, shall not in any manner operate to release or discharge the surety from its liability under this bond.
Witness our signatures this ————— day of ————— ———, A.D. 20———
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Principal.
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Surety.
(Ord. No. 793-03. Passed 6-10-03, eff. 7-20-03)
The contractor's bond will not be released until all of the provisions of the contract or of any contract phase for which the contractor has furnished a separate bond have been fulfilled.
(Ord. No. 794-03. Passed 6-10-03, eff. 6-12-03)
A contract shall be deemed executed when signed by the parties thereto, certified by the Director of Finance as required by Charter Section 106, secured by the required performance bond and approved by the Director of Law as required by Charter Section 83.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
The original contract entered into and executed in accordance with these Codified Ordinances shall be filed in the office of the Commissioner of Accounts. One certified copy shall be filed in the office or department affected by the contract and one copy shall be filed with the contractor.
(Ord. No. 1119-61. Passed 6-12-61, eff. 6-14-61)
(a) All contractors and any subcontractors having more than a fifty percent (50%) interest in a contract, prior to any contract being awarded by the City, shall disclose on a form to be prescribed by the Commissioner of Purchases and Supplies, if said contractor or subcontractor or any controlling shareholder, subsidiary, or parent corporation of said contractor or subcontractor is engaged in any business or trading for profit in Northern Ireland. As used in division (a) of this section, "controlling shareholder" means any shareholder owning more than fifty percent (50%) of the stock in the corporation or more than twenty-five percent (25%) of the stock in the corporation if no other shareholder owns a larger share of the stock in the corporation.
(b) Any contractor or subcontractor making the disclosure prescribed in division (a) of this section shall stipulate to the Commissioner of Purchases and Supplies, that the said contractor or subcontractor, and all enterprises included in the disclosure are taking lawful and good faith steps to engage in fair employment practices which are relevant to the standards embodied in the "MacBride Principles for Fair Employment in Northern Ireland." Any contractor or subcontractor required to make the stipulation pursuant to this division (b) shall have supplied such information concerning their operations in Northern Ireland to Investor Responsibility Research Center, Inc. ("IRRC"), an independent research agency, as is necessary for the IRRC to evaluate their compliance with fair employment practices in Northern Ireland. The Commissioner of Purchases and Supplies shall consider the information supplied to the IRRC in determining whether a contractor or subcontractor has accurately supplied the stipulation prescribed in this division (b).
(c) Any contractor or subcontractor failing to make the disclosure prescribed in division (a) of this section, or failing to accurately make the stipulation prescribed in division (b) of this section, or failing to supply the information to the IRRC prescribed in division (b) of this section, shall not be eligible to provide any goods or services whatsoever for use by the City, in return for payments, fees, or commissions from City funds.
(d) Any contractor or subcontractor which is awarded a contract to supply goods or services whatsoever for use by the City, in return for payments, fees, or commissions with City funds, and which is subsequently deemed to have failed to make the disclosure prescribed by division (a) of this section, falsely made the stipulation prescribed by division (b) of this section or falsely supplied information to the IRRC as prescribed in division (b) of this section shall be declared to have acted in default of its contract and be subject to the remedies for default contained in the contract.
(e) Any contractor or subcontractor which has failed to cure any default of its contract which has been declared in accordance with division (d) of this section shall be automatically excluded without reserve, from tendering or bidding for the supply of any goods or services whatsoever for use by the City, for a period of two (2) calendar years.
(f) Any contractor or subcontractor which enters into contract with the City to supply any goods or services whatsoever, having made the stipulation prescribed in division (b) of this section, and which fails, or refuses to comply with said stipulation, shall be deemed to have acted in breach of contract and shall be deemed to have acted in default of its contract and shall be subject to the provisions of divisions (d) and (e) of this section.
(g) The Commissioner of Purchases and Supplies shall provide a list of the persons, firms or corporations who have (1) refused to make the disclosure called for in division (a) of this section; and/or (2) those that have made a stipulation pursuant to division (b) of this section; and/or (3) those who are in default of their contract under this section to the Clerk of City Council by April 1st of each year. Said list shall be made available for public inspection.
(h) This section shall, by way of limitation, apply to all contracts let by the Commissioner of Purchases and Supplies or that lawfully should be let by the Commissioner of Purchases and Supplies, except any contract entered into pursuant to the emergency procurement procedure set forth in Section 181.12 of the Codified Ordinances or any contract to a contractor or subcontractor where there is no other contractor or subcontractor who will contract to supply goods or services at comparable quality at a comparable price. The Director of Finance shall report to the Council any contract entered into pursuant to the exception specified in this division (h).
(i) The Commissioner of Purchases and Supplies shall not enforce the provisions of this section prior to March 16, 1992.
(Ord. No. 58-97. Passed 1-13-97, eff. 1-22-97 without the signature of the Mayor)
(a) The contractor shall not sublet nor shall any subcontractor commence performance of any part of the work included, or any subcontractor or supplier fabricate or deliver materials or supplies to or for the contractor under the contract, without the previous written consent of the Board of Control. Subcontracting, if permitted, shall not relieve the contractor or his surety of any of his or its obligations under the contract.
(b) Failure by the contractor to obtain consent of the Board of Control for any subcontractor or supplier shall be a breach of the contract for which the contractor may incur a penalty.
(c) The contractor shall be and remain solely responsible to City for the acts or faults of his subcontractor and of such subcontractor's officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the contractor to the extent of his subcontract. The contractor shall promptly, on request of the City file a conformed copy of the subcontract with prices deleted, as a condition precedent to the approval of a subcontractor. The contractor and subcontractor shall jointly and severally agree that subcontracting does not obligate the City to pay, or to see to the payment of any sums to any subcontractor.
(Ord. No. 792-03. Passed 6-10-03, eff. 6-12-03)
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