ORDINANCE 1908-2003 TEXT
Title
To amend various sections of Chapter 329 of the Columbus City Codes, 1959 by establishing distinct provisions for specific services procurement, including additional quality factors for City agency directors to consider when making a contract award, and renumbering various other sections as required.
Explanation
BACKGROUND: This ordinance intends to enable our agencies to fulfill parts of the Vision, Mission and Principles of Progress agreed upon by City leadership in the Columbus Covenant.
In order to be the best city in the nation in which to live, work, and raise a family;
In order to achieve strong, safe and healthy neighborhoods; and a shared economic prosperity and enhanced quality of life;
In order to promote a diverse and vibrant economy that offers everyone an opportunity to share in our prosperity, we require that the City contract with responsible service providers.
This ordinance amends various sections of the Columbus City Code, by establishing a revised, distinct section for the purchase of custodial, landscaping, guard and security services, cleaning and recycling services. The recommended changes enable City agency directors to consider additional quality factors when awarding a contract to bidders who provide these services to City government agencies. The additional factors are intended to ensure that the City receives high quality work on these services and that the contractor's employees receive a wage that is not less than the wage that the City actually pays its lowest paid full time employee. The wage is currently $9.73 per hour.
Additional new factors for consideration include whether or not the bidder provides employee health insurance and draws its employees mainly from Columbus, Franklin County or a contiguous county.
Note that companies with less than twenty-five (25) employees and service contracts not exceeding $20,000 are exempt from the new consideration factors.
FISCAL IMPACT: There is no fiscal impact associated with the passage of this ordinance.
Body
WHEREAS, the City has an interest in selecting bidders who pay their employees responsibly in order to be the best city in the nation in which to live, work, and raise a family; in order to achieve strong, safe and healthy neighborhoods; and a shared economic prosperity and enhanced quality of life; in order to promote a diverse and vibrant economy that offers everyone an opportunity to share in our prosperity; and
WHEREAS, the City has an interest in fostering local business development and selecting bidders that comply with federal, state and local laws and programs, pay taxes, have experience in their field, a good history with public contracts, locate and hire employees in the area, and invests in those employees; and
WHEREAS, it is the intent of the City to continuously improve and optimize the City's procurement function and business practices to enhance the efficiency and effectiveness of operations, while creating clearly defined accountability so as to avoid potential abuses; and
WHEREAS, the establishment of a distinct section for specific services procurement enables the City agency directors to consider additional quality factors when recommending a contract award; and
WHEREAS, by including additional factors the City should receive high quality custodial, landscaping, guard and security services, cleaning and recycling services for the citizens of the City of Columbus from contractors that pay their employees responsibly; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Sections 329.04, and 329.06, of the Columbus City Codes, 1959 are hereby amended as follows:
329.04 Definitions.
(a) Best Bidder. The bidder who, considering all factors set forth in this chapter connected with the contract being bid on is, on the whole, the bidder whom economy dictates will be best for the public.
(b) Bidder. An individual or business entity which has expressed an interest in obtaining a city contract by responding to an invitation for bids.
(c) City Agency. Any department of the government of the city of Columbus.
(d) Contract. Any agreement for the procurement of materials, supplies, equipment, construction, service or professional service made between a city agency and a contractor.
(e) Construction Contract. Any agreement for the procurement of services, including labor and materials, for the construction, reconstruction and maintenance of public improvements, including but not limited to streets, highways, bridges, sewers, water lines, power lines and plant facilities.
(f) Contractor. Any individual or business entity which has a contract with a city agency.
(g) Director. The chief officer of any city agency.
(h) Facsimile Signature. The reproduction of any authorized signature by any photographic, photostatic, or mechanical means.
(i) Life Cycle Costs. The cost of operating and maintaining an item or equipment over the duration of it's useful life.
(j) Local Bidder. An individual or business entity: (1) whose principal place of business is located within the corporation limits of the city of Columbus or the county of Franklin as registered in official documents filed with the Secretary of State, state of Ohio, or Franklin County recorder's office; or (2) who holds a valid vendor's license which indicates that its place of business is located within the corporation limits of the city of Columbus or county of Franklin.
(k) Not-for-Profit Contract. An agreement for the delivery of services to the public, which are not currently performed or provided by an existing city agency, for maintaining or improving the health and welfare of the citizens of the city of Columbus, which is made between a city agency and another governmental agency or a not-for-profit organization as recognized by the Internal Revenue Service, the Department of Housing and Urban Development, or any other applicable federal or State agency, which is not in direct competition with a private for-profit organization capable of delivering the same services.
(l) Offeror. An individual or business entity which has expressed an interest in obtaining a city contract by responding to a request for statements of qualifications or request for proposals.
(m) Procurement. The buying, purchasing, renting, leasing or acquisition by any other manner of any materials, supplies, equipment, construction, service or professional service.
(n) Professional Service. A service which usually requires advanced training and/or a significant degree of expertise to perform, and which often requires official certification or authorization by the state as a condition precedent to the rendering of such service. By way of example, professional services include the personal services rendered by architects, attorneys-at-law, certified public accountants, financial consultants, city and regional planners, management consultants and professional engineers.
(o) Responsible Bidder. A bidder who has the capability, capacity, facilities, equipment and personnel needed to fully perform the contract requirements, and the experience, integrity, reliability and credit which will assure good faith performance of the contract requirements and compliance with any minority business enterprise, female business enterprise, and equal business opportunity programs or good faith efforts to comply with such programs adopted by the city of Columbus.
(p) Responsible Wage and Health Insurance Benefit: The wage paid to a bidder's employees for custodial, landscaping, guard and security services, cleaning and recycling services rendered to any City of Columbus government agency shall be equal or better than the wage actually paid to the lowest paid City of Columbus government full-time employee per the City's effective contracts with its bargaining units. In addition to this wage, the bidder shall provide its employees with a health insurance benefit.
(pq) Responsive Bidder. A bidder who has submitted a bid which conforms in all material respects to the requirements set forth in an invitation for bids.
(qr) Universal Term Contract (UTC). An agreement authorized by ordinance of city council and established by the director of finance or designee, for the option to purchase or sell an estimated amount of goods or services at a specified rate or price schedule for a specified time period.
329.06 Competitive sealed bidding.
(a) The establishment of universal term contracts and/or the procurement of all materials, supplies and equipment shall be conducted under this section as follows:
(1) The director of finance or designee shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The director of finance or designee shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one week prior to the deadline for submission of bids. The director of finance or designee may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the director of finance or designee deems appropriate.
(4) The bids shall be opened and publicly read by the director of finance or designee at the place, date and time specified in the advertisement, which in no case shall be less than seven (7) days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) After consulting with the city agency, the director of finance or designee shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director of finance or designee shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest, or to any bidder not recommended by the city agency.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidders' compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non-local bidder or twenty thousand dollars ($20,000), whichever is less.
(9) All contractors submitting a bid to or entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(10) No contract awarded under this section shall be effective until approved by ordinance of city council.
(b) The procurement of all service contracts except construction, custodial, landscaping, guard and security services, cleaning and recycling services, and professional services shall be conducted under this section as follows:
(1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.
(4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to bidders' compliance with federal, state or local laws or regulations such as fair labor standards, minimum wage levels; affirmative action programs; or minority business enterprise, female business enterprise or equal business opportunity programs which the city of Columbus is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder shall receive a credit equal to one (1) percent of the lowest bid submitted by a non-local bidder or twenty thousand dollars ($20,000), whichever is less.
(9) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(10) No contract awarded under this section shall be effective until approved by ordinance of city council.
(c) The procurement of all custodial, landscaping, guard and security service, cleaning and recycling service contracts shall be conducted under this section as follows:
(1) The city agency shall prepare an invitation for bids (hereinafter "IFB") containing the specifications and all contractual terms and conditions applicable to the procurement.
(2) The city agency shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one week prior to the deadline for submission of bids. The city agency may also advertise in newspapers, professional and trade journals, and any other appropriate publications. The notice shall state the place, date and time of bid opening.
(3) Each bid shall contain the full name of every person or company interested in the same, and such other relevant information as the city agency deems appropriate.
(4) The bids shall be opened and publicly read at the place, date and time specified in the advertisement, which in no case shall be less than seven days after initial advertisement. The bids shall be opened in the presence of the city auditor or a representative of the city auditor.
(5) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder. Life cycle costs may be considered in determining the lowest bid if they are objectively measurable and specified in the IFB.
(6) The director shall provide city council with a written explanation of the circumstances whenever a contract is awarded to any bidder other than the lowest.
(7) In determining the lowest responsive and responsible and best bidder, consideration shall be given to:
(a) The bidder's compliance with city taxes on payroll and net profits. Compliance shall be evidenced in an affidavit of no outstanding city income tax obligation.
(b) The bidder's compliance with federal, state or local laws or regulations regarding safety and health, fair labor standards, minimum wage levels; unemployment and worker's compensation.
(c) The bidder's compliance with any affirmative action programs or minority business enterprise, female business enterprise or equal business opportunity programs which the city is required by law to enforce in connection with funds to be spent under the procurement contract; and the bidder's compliance with any minority business enterprise, female business enterprise or equal business opportunity programs or good faith efforts to comply with such programs adopted by the city.
(8) In determining the best bidder for the purposes of awarding a contract for this section, consideration shall also be given to the following:
(a) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County.
(b) That the bidder shall pay a responsible wage and provides its employees a health insurance benefit as defined in Section 329.04 to the employees proposed to directly perform the work specified in the City bid solicitation.
(c) For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders that employ twenty five (25) or fewer full-time people. For the purpose of this subsection (8) only, exemption from these considerations is provided for bidders where the City solicits the bids for these services in accordance with 329.07 (d) Procurement of Materials Supplies, Equipment, and Services Other than Construction and Professional Services not Exceeding Twenty Thousand Dollars($20,000.00).
(9) In determining the lowest bid for purposes of awarding a contract under this section, a local bidder, as defined in Section 329.04(j), shall receive credit equal to one (1) percent of the lowest bid submitted by a non-local bidder or twenty thousand dollars ($20,000.00), whichever is less.
(10) The Finance Director, in consultation with the directors of city agencies authorized to enter into contracts services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of submittals for the purpose of evaluating the considerations herein. The submittal requirements and considerations herein shall apply equally to the bidder and any subcontractor of the bidder. The bid specifications shall contain the prescribed form. The Finance Director shall annually provide to city agencies the value of the Responsible Wage.
(11) The city agency shall maintain in the contract file, a record of this evaluation for the purposes of determining the lowest responsive, responsible and best bidder awarded the contract.
(12) All contractors entering into a contract with the city shall submit a contract compliance certification number or a completed application for certification pursuant to provisions set forth in Title 39, Columbus City Codes, 1959.
(13) No contract awarded under this section shall be effective until approved by ordinance of city council.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.