Explanation
BACKGROUND:
This ordinance realigns departmental responsibilities with respect to management of city assets. This realignment will place a single agency with the responsibility for overall management of land used for city operations (except rights-of-way and utility easements) and prescribed buildings. The responsibilities of the Finance Department will be expanded to include the management of city real property and certain facilities used for city operations, allowing a centralized decision-making process based upon a cost-benefit analysis that will benefit all departments involved with real estate purchases, leases, new construction and renovation of facilities, determination of space utilization, and building management and maintenance.
This realignment will involve the transfer of the Facilities Management Division to, and the creation of a new Office of Real Estate Management in, a renamed Department of Finance and Management. The Real Estate Management Office will be staffed by transferring six of the thirteen employees currently assigned to Development's Land Management Office. This new office will assume responsibility for the management, acquisition, sale, and leasing of real property used for city operations not involving rights-of-way or utility easements.
The responsibility for non-operating real estate being held for possible redevelopment will remain in the Land Management Office, which will be renamed the Land Redevelopment Office. This realignment will enable the Department of Development to concentrate on critical redevelopment activities that involve real property.
A new Assistant Director for Asset Management within the Department of Finance and Management will lead the activities outlined above for the new department and will coordinate the work of the Facilities Management Division and Real Estate Management Office.
FISCAL IMPACT:
Over the longer term, centralization of real property services for city operations under a single department should result in more efficient space utilization and real property management, reducing operational costs and generating additional revenue. The costs for one new position will be absorbed within current appropriations.
Title
To enact, amend, and repeal various sections of the Columbus City Codes, 1959, to create a new department of finance and management, to create a new division of financial management within the new department, to create an office of real estate management within the new department, to create an office of purchasing within the new department, to move the facilities management division from the public service department to the new department, to make the new department responsible for real property activities related to city operations not involving rights-of-way and utility easements, to confirm the responsibility of the department of human resources for risk management, and to reflect the impact of the reorganization and department name changes in all affected sections of the Columbus City Codes.
Body
WHEREAS, it is necessary to centralize the decision-making process within a single agency for overall management of city land and buildings not related to rights-of-way and utility easements; and
WHEREAS, the responsibilities of the Finance Department will be expanded to include the management of city real estate and facilities used for city operations not involving rights-of-way and utility easements, allowing a centralized decision-making process based upon a cost-benefit analysis that will benefit all departments involved with real estate purchases, leases, new facility construction and renovation, determination of space utilization, and building management and maintenance; and
WHEREAS, activities subject to this centralized decision-making process for land, not involving rights-of-way and utility easements, and buildings, as used in city operations, will include 1) purchase of property; 2) sale of property; 3) lease of property; 4) maintenance of property inventory; 5) determination of surplus property; 6) evaluation of property for insurance requirements; 7) space needs evaluation; 8) market analysis and feasibility studies; 9) professional assistance with building management; and 10) management of, and professional assistance for, city facility capital improvements; and
WHEREAS, a renamed Department of Finance and Management will reflect the addition of major new management responsibilities being added to the Finance Department; now, therefore
Be it Ordained By the Council of the City of Columbus:
SECTION 1. That effective 12:01 A. M., August 28, 2005, existing Sections 115.09, 131.02, 131.03, 219.06, 3513.01, and 3513.05 be repealed; that Sections 223.03, 223.04, 223.05, 223.06, 223.07, and 223.08 be enacted; and that Sections 125.06, 139.01, 213.01, 215.01, 215.09, 219.01, 223.01, 223.02, 227.01, 321.03, 323.06, 325.011, 325.02, 325.03, 328.01, 328.02, 328.03, 329.03, 329.04, 329.06, 329.07, 329.08, 329.09, 329.16, 329.17, 329.18, 329.19, 329.20, 329.22, 329.23, 329.28, 329.29, 329.30, 333.01, 333.03, 333.04, 333.05, 361.32, 525.10, 1153.01, 1934.03, 1934.04, 3115.03, 3372.02, 3503.02, 3503.03 and 3517.02 of the Columbus City Codes, 1959 be amended to read as follows:
115.09 Custody of property records.
The City Clerk shall have the custody of all deeds, abstracts, title insurance policies, and any other evidence of title to property belonging to the City.
125.06 Real Estate Division.
The Real Estate Division is established as a division of the Department of Law. The administrative head of the Division shall be an assistant city attorney to be known as the Chief Real Estate Attorney. The Real Estate Division shall be responsible for providing legal services associated with the City's acquisition of real property; providing relocation services required of the City of Columbus under federal and State of Ohio laws; providing the legal services associated with the sale of City owned real property; providing legal services associated with leasing of real property; the recording with the Franklin County Recorder's Office of all City deeds, easements and real property leases; obtaining all necessary real property appraisals for the City of Columbus; and such other responsibilities as prescribed by the City Attorney.
131.02 Contracts for leasing of space and installation of automatic commercially owned vending machines.
(a) Anything in this chapter to the contrary notwithstanding, the appointing authorities of the City of Columbus are hereby authorized with concurrence of the Director of Administrative Services to enter into contract, or contracts from time to time for the leasing of space and installation of commercially owned automatic vending machines in public buildings owned or leased by the City. Each such contract shall contain provisions that:
(1) The contractor shall save the City harmless from any liability resulting from the installation and operation of such vending machine;
(2) The City will have no direct financial obligation under the contract;
(3) The City, through the appointing authority, may designate the number, type, location and contents of any machine placed on property owned or leased by the City;
(4) The City may terminate the contract upon fifteen days written notice mailed to the other contracting party's address;
(5) Such other items as the appointing authority deems necessary or desirable to protect the City of Columbus;
(6) Commissions received from commercially owned vending machines shall be promptly and directly paid to the City Treasurer and credited to the appropriate operating fund of the various divisions in the contracting departments.
131.03 Provisions for granting of space and utilities for the installation and operation of machines or equipment other than automatic commercially owned vending machines.
The appointing authorities of the City of Columbus are authorized with concurrence of the Director of Administrative Services to approve or disapprove the location and operation of machines or equipment which are owned and operated by employees of the City of Columbus for the purposes of storing food and/or non-alcoholic beverages or for making coffee, tea, or instant beverages or food. These machines will be limited to a refrigerator or other similar type hot or cold storage machine, coffee makers, hot plates, electric tea kettle and/or toaster.
All of these machines are to be for the exclusive use of employees and are not intended or anticipated to produce a profit. The items referred to above are for the convenience of the employees and are intended for use during breaks and/or lunch periods. There shall be no charge for the space or the utilities used in the operation of such machines or equipment.
139.01 Created, membership-Compensation and term of members-Meetings.
There is hereby created and established in the office of the mayor a commission to be known as the community relations commission, consisting of twenty-three (23) members to be appointed by the mayor with the approval of the city council. The mayor, president of council, safety director and two (2) citizens appointed by the mayor shall sit ex officio on the commission. It is important that a community relations commission be fully responsive to the diversity represented by the city of Columbus' various racial, religious, national, cultural and ethnic groups. They shall serve without compensation, but shall be reimbursed for expenses actually and necessarily incurred in connection with their duties as members of the community relations commission subject to approval by the department of finance and management. department. Of the twenty-three (23) members so appointed, eight (8) shall be one (1) year, eight (8) for two (2) years and seven (7) for three (3) years and thereafter appointments shall be for three (3) year terms. In the event of death or resignation of any members, his or her successor shall be appointed by the mayor to serve for the unexpired term for which such member had been appointed.
The community relations commission shall meet when necessary to conduct business and shall adopt, by majority rule, such rules as it shall deem expedient for the conduct of its business. Such rules shall be adopted in accordance with Section 121.05 of the Columbus City Codes, 1959.
213.01 Department of human resources established
There is established a department of human resources consisting of a human resources director. The department of human resources shall have as its primary duties developing recommendations for human resources management policy, procedures, and standards; assessing and addressing the needs of the city's workforce; and developing and overseeing the implementation of human resource management policies, principles, standards, and guidelines. The department shall also develop and operate a risk management program. The department shall perform all lawful functions as may be directed by the mayor or ordinance of council.
215.01 Department of development established.
There is established a department of development. The department of development shall consist of a director, one (1) department deputy director and the following divisions; economic development, planning, housing, neighborhood services and building services. Within the director's office there shall be a land management redevelopment office, a downtown development office and an administrative office. The department of development shall have as its primary duty the coordination, regulation, management, implementation and promotion of programs to encourage: business expansion and attraction, planned growth, creation of housing opportunities, a lively downtown, healthy, safe and revitalized neighborhoods. The department of development shall perform all other lawful functions as directed by the mayor or ordinance of council.
215.09 Office of land management redevelopment.
The office of land management redevelopment is established as an office of the department of development within the director's office. The office shall have as its primary duties the advancement of neighborhood revitalization through aggressive land bank and marketing program implementation of the adopted land reutilization program; redevelopment of properties held in the land bank; redevelopment of non-operating assets as assigned and other duties as may be authorized by the director or ordinance of council.
219.01 Department of public service established
There is established a department of public service consisting of a director of public service, two (2) deputy directors of public service, the division of transportation, the division of refuse collection, division of facilities management, and the division of fleet management. The department shall perform all lawful functions as may be directed by the mayor or ordinance of council.
219.06 Division of facilities management.
The division of facilities management is established as a division of the department of public service. The administrative head of the division shall be the facilities management division administrator. The division shall have as its primary duties the maintenance, repair and security of such buildings or structures as may be designated by the director or ordinance of council and it shall provide such central services to agencies housed in facilities under its care as may be prescribed from time to time by the director or ordinance of council.
223.01 Finance dDepartment of finance and management established.
The finance department of finance and management is established as a department.The finance department of finance and management shall have as its primary duties the preparation of the city budget; the financial management of the city; and the development of a risk management program, the construction, maintenance, repair and security of buildings or structures as set forth in this chapter; the management, acquisition, sale, and leasing of real property for city operations except for rights-of-way and utility easements; and purchasing operations. It shall assemble data and information for the management of such activities and for the use of various officers and departments of the city. The department shall perform all lawful functions as may be directed by the mayor or ordinance of council.
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223.02 Duties of director.
The director of finance and management shall be appointed by the mayor and shall serve at the pleasure of the mayor at a salary fixed by ordinance of council. The director of finance and management shall have all powers and duties connected with and incident to the appointment, regulation and government of the finance department of finance and management.
The division of facilities management is established as a division of the department of finance and management. The administrative head of the division shall be the facilities management division administrator. The division shall have as its primary duties the construction, maintenance, repair and security of such buildings or structures as may be designated by the director or ordinance of council and it shall provide such central services to agencies housed in facilities under its care as may be prescribed from time to time by the director or ordinance of council.
223.04 Division of financial management
The division of financial management is established as a division of the department of finance and management. The administrative head of the division shall be the financial management division administrator. The division shall have as its primary duties the preparation of the city budget, preparation of the city's capital improvements program pursuant to Chapter 333, oversight of certain grants programs, implementation of performance management on a citywide basis, and formulation and implementation of financial policies for the city, as directed by the director or ordinance of council.
223.05 Office of real estate management
The office of real estate management is established as an office of the department of finance and management within the director's office. The office shall have as its primary duties with respect to real property, other than rights-of-way and utility easements, used in city operations: maintaining an inventory; the management, acquisition, sale and leasing; research and analysis, including determination of space needs for city agencies; and other duties as may be authorized by the director or ordinance of council. The office shall have the custody of all deeds, abstracts, title insurance policies, and any other evidence of title to property belonging to the City.
223.06 Office of purchasing
The office of purchasing is established as an office of the department of finance and management within the director's office. The office shall have as its primary duties the procurement of goods and services for the city, and the sale of surplus property, in accordance with Chapter 329, and the formulation and implementation of procurement policies and programs for the city as authorized by the director or ordinance of council.
223.07 Contracts for leasing of space and installation of automatic commercially owned vending machines.
(a) Anything in this chapter to the contrary notwithstanding, the appointing authorities of the City of Columbus are hereby authorized with concurrence of the director of finance and management to enter into contract, or contracts from time to time for the leasing of space and installation of commercially owned automatic vending machines in public buildings owned or leased by the City. Each such contract shall contain provisions that:
(1) The contractor shall save the City harmless from any liability resulting from the installation and operation of such vending machine;
(2) The City will have no direct financial obligation under the contract;
(3) The City, through the appointing authority, may designate the number, type, location and contents of any machine placed on property owned or leased by the City;
(4) The City may terminate the contract upon fifteen days written notice mailed to the other contracting party's address;
(5) Such other items as the appointing authority deems necessary or desirable to protect the City of Columbus;
(6) Commissions received from commercially owned vending machines shall be promptly and directly paid to the City Treasurer and credited to the appropriate operating fund of the various divisions in the contracting departments.
223.08 Provisions for granting of space and utilities for the installation and operation of machines or equipment other than automatic commercially owned vending machines.
The appointing authorities of the City of Columbus are authorized with concurrence of the director of finance and management to approve or disapprove the location and operation of machines or equipment which are owned and operated by employees of the City of Columbus for the purposes of storing food and/or non-alcoholic beverages or for making coffee, tea, or instant beverages or food. These machines will be limited to a refrigerator or other similar type hot or cold storage machine, microwave ovens, coffee makers, hot plates, electric teakettle and/or toaster.
All of these machines are to be for the exclusive use of employees and are not intended or anticipated to produce a profit. The items referred to above are for the convenience of the employees and are intended for use during breaks and/or lunch periods. There shall be no charge for the space or the utilities used in the operation of such machines or equipment.
227.01 Definitions.
As used in Chapter 227 of the Columbus City Codes:
A. "City hall" shall mean the building located at 90 West Broad Street, Columbus, Ohio 43215, which encompasses all enclosed areas including the basement parking facility.
B. "City hall grounds" shall mean the property surrounding city hall, excluding the public sidewalk abutting the street, bounded on the west by Marconi Boulevard, on the south by West Broad Street, on the east by North Front Street and on the north by West Gay Street.
C. "City hall lawn" shall mean that portion of the city hall grounds that is planted with grass, shrubs, flowers, trees and any other plant life.
D. "City hall lower patio south" shall mean that portion of the city hall grounds named Portman Plaza, which is on the south side of city hall, that is hard-surfaced and that is below the thirteen steps that lead to the upper patio south that borders city hall.
E. "City hall upper patio south" shall mean that portion of the city hall grounds that is that portion of the city hall grounds that is on the south side of city hall, that is hard-surfaced and that is above the city hall lower patio south.
F. "City hall patio east" shall mean that hard-surfaced portion of the city hall grounds that is on the east side of city hall.
G. "City hall lower patio north" shall mean that hard-surfaced portion of the city hall grounds that is on the north side of city hall and that is separated into two parts by the driveways that lead into the city hall's underground parking garage.
H. "City hall upper patio north" shall mean that hard-surfaced portion of the city hall grounds that is on the north side of city hall and that is above the city hall lower patio north.
I. The term "permit holder" shall mean the individual, group or organization to which a permit for use of the city hall grounds is issued.
J. The "primary use" of the city hall shall be for the conduct of the business of the government of the city of Columbus, Ohio.
K. The "primary use" of the city hall grounds shall be for facilitating the egress and ingress of persons having employment and business in and throughout city hall.
L. "Managing authority" means the director of the department of public service finance and management or his or her designee.
M. "Chief of police" means the chief of the division of police or his or her designee.
321.03 Columbus Depository Commission.
The city treasurer, city auditor and director of finance and management director shall constitute a commission to be known as the Columbus depository commission, henceforth referred to as the commission, and shall serve as members of such commission without any additional compensation, but they shall be provided with the necessary books and stationery at the expense of the city. The city treasurer shall be the chairman and the city auditor shall be the secretary of such commission. The commission shall hold meetings which shall be open to the public at such times as may be required by ordinance and whenever called to meet by the chairman, or by any two (2) of its members, and shall keep a record of its proceedings and file all official papers received by it, which record and papers shall be open to public inspection.
323.06 Notice of public sale of notes and bonds.
If notes and bonds of the City are to be sold at public sale, a notice of sale shall be published in a newspaper of general circulation in the City at least one day prior to the date on which bids are to be received for such notes or bonds. The notice of sale shall contain all of the information required by Section 133.30 (C)(1) Ohio Revised Code, and such additional information as the Ddirector of the Office of finance and Mmanagement and Budget or the City Auditor deem appropriate. Bidders for notes or bonds of the City shall not be required to provide any bid security with their bids.
325.011 Treasury investment board.
The treasury investment board shall consist of the city treasurer, chairperson, or deputy city treasurer, the city auditor and the finance director of finance and management. A majority of these officers including the city treasurer, or deputy city treasurer, the city auditor and the finance director of finance and management may authorize the city treasurer or deputy city treasurer to invest funds of the city in those securities meeting investment criteria as set forth herein in this chapter.
The treasury investment board is authorized to establish guidelines, consistent with the intent of this chapter, in order to implement this chapter.
325.02 Treasurer's investment portfolio report.
The city treasurer shall at least monthly submit to the city auditor and the finance director of finance and management a statement disclosing all purchases, sales, and inventory of such investments along with interest received and to be received by the city from such investments.
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325.03 Treasurer investment account-Interest coupons.
The city auditor shall maintain an account, to be known as the "treasury investment account" in which he shall enter all transactions relating to the investment of treasury funds under this chapter.
The city treasurer shall maintain a record and furnish daily to the city auditor and the finance director of finance and management reports of all items entered thereon, showing all bonds or other securities purchased or sold for the treasury account, with the identifier number, maturity date, purchase date, and interest rate of each. If no bonds or other securities are purchased or sold, then no such report need be furnished for that day.
The city treasurer shall keep a record of the number and maturity of interest coupons, and whenever any such securities or interest coupons are due, the city auditor shall issue his order for their collection, in the same manner as other receipts are collected.
328.01 Land review commission.
There is hereby created a commission to be known and designated as the "land review commission". Hereinafter, no department, office, board or commission shall offer for sale any real property without seeking the approval for such action for from the land review commission, unless otherwise specifically authorized by ordinance. Prior to submitting any request or ordinance for such purpose to council, the department, officer, board or commission submitting the request must obtain from the land review commission a recommendation that such request be approved or disapproved. All submissions to the land review commission for the sale of real property held for city operations other than rights-of-way or utility easements shall be made only by the department of finance and management. Such A recommendation from the land review commission must accompany any request or ordinance submitted to council, together with a statement describing the specific action desired by council, the location and description and proposed use of the particular real estate and the specific reasons for the request. That aAny property sold as a part of a specific program authorized by city council is hereby exempted from review by this commission.
328.02 Members-Terms-Vacancies.
The land review commission shall be composed of nine (9) members. Seven (7) of the members shall be composed of the following: director of trade and development, city auditor, city attorney, city clerk, director of public service, director of recreation and parks, and a representative of the Greater Columbus Chamber of Commerce. The remaining two (2) shall be realtors who reside within Franklin County and are appointed by the mayor with the approval of council. Members of the commission may be represented by designated alternates. All members of the commission shall serve without pay. The term of the realtors shall be two (2) years. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made. At the first regular meeting of the commission after the effective date of the ordinance codified in this section and annually thereafter, the members shall elect from among the membership a chairperson and such other officers as ma be appropriate, who shall serve in such capacity for one (1) year; such duly elected officers may be re-elected for consecutive terms.
328.03 Duties.
The duties of the "land review commission" shall be as follows:
(A) To receive written propoals i accordance with section 328.01, from any and all departments, officers, boards or commissions desiring to sell real property.
(B) To review proposals for the sale by the city of real property, including right-of-way as well as encroachasements, fFor which mitigating circumstances have been identified giving due consideration to relevant factors, including, but not limited to:
(1) Appropriateness of the transaction affecting the particular property in light of current or future city objectives or needs;
(2) The proposed development and use of the particular real property.
(3) Fair market value estimate for the subject property; and
(4) Mitigating circumstances that can be identified by the city which provide a public benefit and that could result in the reduction or elimination of the purchase price for the property to be sold.
(C) To recommend the means by which the subject property would be sold, whether bid or otherwise, where appropriate;
(D) To recommend that certain action be taken by the department, officer, board or commission prior to seeking councilmanic authority to offer for sale real property.
(E) To advise the administration and city council in matters relating to the offer for sale of real property and any development associated therewith.
(F) To make recommendations from time to time to the city council on desirable legislation concerning the sale of interest in real property.
(G) To provide for regular and special meetings at which written proposals and other matters relating to the duties of the land review commission may be discussed and considered by members of the commission, officers and personnel of the city, and other persons invited by the commission to attend a regular or special meeting because of their interest in a specific matter under consideration.
(H) To receive assignments from the mayor or city council for study, consideration and recommendation regarding any problems confronting the city concerning transactions affecting real property or interests therein.
(I) To exercise such other powers, authority and duties granted to it by ordinances or resolutions heretofore or hereinafter enacted by council.
(J) To make, modify, change and promulgate such rules, policies and procedures as in its discretion are deemed necessary for the orderly and efficient operation of the duties set forth above.
329.03 Operational procedures.
The director of finance and management or designee shall adopt procedures and policies relating to the procurement process consistent with the provisions of this chapter. These procedures and policies shall be set forth in a written document which shall be available to the public and distributed to city agencies. The director of finance and management or designee shall develop and include in this document provisions regulating reimbursement of expenses incurred by contractors in performing city contracts for such items as follows: office space, office equipment, vehicles, hotels and other housing, relocation of contractor employees, meals, transportation, entertainment and personal expenses.
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 its 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.
(q) 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.
(r) Universal Term Contract (UTC). An agreement authorized by ordinance of city council and established by the director of finance and management 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.
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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 and management 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 and management or designee shall give notice that bids will be received by advertisement in the Columbus City Bulletin at least one (1) week prior to the deadline for submission of bids. The director of finance and management 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 and management or designee deems appropriate.
(4) The bids shall be opened and publicly read by the director of finance and management 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 and management 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 and management 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 bidder's 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 ($20,000.00), 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 (1) 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 (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) 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 bidder's 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 ($20,000.00), 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 Section 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.
329.07 Exceptions to competitive sealed bidding.
(a) Procurement of Commodities with Fixed Prices. City agencies shall have general authority to purchase items for which fixed prices prevail, such as utility services, memberships, subscriptions, professional organization certifications, and postage stamps, without complying with the provisions of Section 329.06 or any other procurement procedure specified in this chapter.
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(b) Petty Cash Fund Purchases. The director of any city agency in which a petty cash fund has been established may authorize expenditures for individual purchases not in excess of five hundred dollars ($500.00). No expenditures shall be made from petty cash funds for items available in the purchasing office storerooms, copy and print shop, or universal term contract. No purchase shall be artificially divided into smaller purchases to avoid the provisions of competitive bidding in this chapter.
(c )Procurement Not Exceeding One Thousand Dollars ($1,000.00).
(1) A city agency may enter into contract on behalf of the city without complying with the provisions of Section 329.06 and 329.07(d) when the total expenditure under any single contract do not exceed one thousand dollars ($1,000.00) within any fiscal year. In awarding a contract under this section the city agency shall, where appropriate, undertake reasonable measures to provide for competition among potential contractors. No purchase shall be artificially divided to avoid the provisions of Section 329.06 or 329.07(d).
(d) Procurement of Materials, Supplies, Equipment, and Services Other Than Construction and Professional Services not Exceeding Twenty Thousand Dollars ($20,000.00).
(1) The director of finance and management or designee may enter into contracts on behalf of the city for the procurement of materials, supplies, equipment and services, other than construction and professional services, without complying with the provisions of Section 329.06 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. However, expenditures of bond funds are subject to Ohio R.C. 5705.41. Unless manifestly impractical, the finance and management director or designee shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The finance and management director or designee shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.06.
(2) A city agency may enter into contracts on behalf of the city for service contracts, other than construction and professional services, without complying with the provisions of Section 329.06 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. Unless manifestly impractical, the city agency shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The city agency shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.06.
(3) 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 five (5) percent of the lowest bid submitted by a non-local bidder, where bids do not exceed twenty thousand dollars ($20,000.00).
(e) Sole Source Procurement.
(1) A city agency may award a contract without complying with the provisions of Section 329.06 when, after conducting reasonable investigation, the director of finance and management or designee and city agency determine that only one (1) individual or business entity is capable of supplying the required materials, supplies, equipment or services. After negotiating a contract with the contractor, the city agency shall submit legislation to city council requesting approval of the contract. In its submission to city council, the city agency shall explain or describe in writing: (1) why no other individual or business entity is capable of supplying the needed materials, supplies, equipment or services; (2) what efforts were undertaken to obtain other bidders or offerors; and (3) how the price or fee structure for the contract was determined. This explanation shall become part of the contract file.
(2) Any city agency awarding a contract under this section shall submit a record of the contract to the director of finance and management or designee in a format specified by the director of finance or designee. The director of finance and management or his designee shall maintain a public record of all contracts awarded under this subsection, including those contracts awarded by the director of finance and management or designee. For each contract, the record shall clearly state the city agency involved, the contract identification number, the contractor's identity and the amount of the contract. The record shall also describe the materials, supplies, equipment and/or service procured under the contract.
(3) As appropriate, this procurement method may be used by the director of finance and management or designee to establish a universal term contract (UTC).
(f) Not-for-Profit Service Contracts Exceeding Twenty Thousand Dollar($20,000.00).
(1 )Not-for-profit service contracts as defined in Section 329.04(k) which exceed twenty thousand dollars ($20,000.00) shall be awarded by the processes specified in Section 329.15.
(g) Procurement from a Universal Term Contract not Exceeding One Hundred Thousand Dollars ($100,000.00).
(1) The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.06, where there exists a universal term contract for that good or service, so long as total expenditures do not exceed one hundred thousand dollars ($100,000.00) in any fiscal year for that agency from the specified universal term contract.
(h) Procurement from Universal Term Contract Exceeding One Hundred Thousand Dollars ($100,000.00).
(1) The director of finance and management or designee may, on behalf of a city agency, establish an order for goods or services without complying with the provisions of Section 329.06 where there exists a universal term contract for that good or service and total expenditures in any fiscal year for that agency from the specific universal term contract will or do exceed one hundred thousand dollars ($100,000.00), only if the procurement is approved by ordinance of city council.
(i )The procurement of construction services shall be in accordance with the provisions of Sections 329.08 and 329.09.
(j) The procurement of professional services shall be in accordance with the provisions of Sections 329.10, 329.11, 329.12, 329.13 and 329.14.
329.08 Process for awarding construction service contracts not exceeding twenty thousand dollars ($20,000.00).
A city agency may enter into contracts on behalf of the city for the procurement of construction services without complying with the provisions of Section 329.09 so long as total expenditures under any single contract do not exceed twenty thousand dollars ($20,000.00) within any fiscal year. Unless manifestly impractical, the city agency shall publicly post all specifications for such contracts for a period of not less than twenty-four (24) hours and secure bids from at least three (3) bidders. The city agency shall maintain a record of the cause of manifest impracticality with the record of the procurement. No purchase shall be artificially divided into smaller purchases to avoid the provisions of Section 329.09.
(1) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder.
(2) 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.
(3) 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 has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted.
(b)Whether the bidder has a record for complying with and meeting completion deadlines and successfully controlling costs bid on similar construction projects. This consideration includes a review of the bidder's recent experience record in the construction industry such as the original contract price for each construction job undertaken by the bidder, the amount of any change orders for the job or cost overruns on each job undertaken by the bidder, and the reason for the change orders or cost overruns.
(c) Whether the bidder has a record of claims against performance bonds secured on public improvement construction projects by the bidder and an explanation of the reason for claims.
(d) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County.
(e) Whether the bidder's employees are experienced in the area of construction service for which the bid was submitted.
(f) Whether the bidder's employees participate in a bona fide apprenticeship program that is approved by the Ohio State Apprenticeship Council and the United States Department of Labor if such apprenticeship programs are available.
(g) Whether the bidder provides employee health insurance and a retirement or pension plan; however, a bidder may be exempted from this provision for no more than two (2) successive contracts.
(4) 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, where bids exceed twenty thousand dollars ($20,000.00).
(5) The finance and management director, in consultation with the directors of city agencies authorized to enter into contracts for construction services, administer contract review and compliance, or perform any other function referred to in this section, shall prescribe the manner and form of suhbmittals 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.
(6) 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.
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(7) 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.
329.09 Process for awarding construction service contracts exceeding twenty thousand dollars ($20,000.00).
The procurement of construction service contracts anticpated to cost in excess of twenty thousand dollars ($20,000.00) 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 bi will be received by advertisement in the Columbus City Bulletin at least one (1) 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 notc hl tate 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 (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) The director authorized to make the expenditure shall award the contract to the lowest responsive and responsible and best bidder.
(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 has actively engaged in the construction industry and has experience in the area of construction service for which the bid has been submitted;
(b) Whether the bidder has a record for complying with and meeting completion deadlines and successfully controlling costs bid on similar construction projects. This consideration includes a review of the bidder's recent experience record in the construction industry such as the original contract price for each construction job undertaken by the bidder, the amount of any change orders for the job or cost overruns on each job undertaken by the bidder, and the reason for the change orders or cost overruns;
(c) Whether the bidder has a record of claims against performance bonds secured on public improvement construction projects by the bidder and an explanation of the reason for claims;
(d) Whether the bidder draws its employees mainly from Columbus, Franklin County or counties contiguous to Franklin County;
(e) Whether the bidder's employees are experienced in the area of construction service for which the bid was submitted;
(f) Whether the bidder's employees participate in a bona fide apprenticeship program that is approved by the Ohio State Apprenticeship Council and the United States Department of Labor if such apprenticeship programs are available; and
(g) Whether the bidder provides employee health insurance and a retirement or pension plan.
(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, where bids exceed twenty thousand dollars ($20,000.00).
(10) The finance and management director, in consultation with the directors of city agencies authorized to enter into contracts for construction 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.
(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
329.16 Contract modifications.
A city agency may enter into discussions with a contractor to modify an existing contract, or to procure additional goods or services in the event that unforeseen circumstances require additional purchases under a contract. After agreeing upon the terms of a modification, the city agency shall submit legislation to city council requesting approval of the modification. If the modification would result in the procurement of additional goods or services, the city agency, in its request for approval of the modification, shall provide city council with a written statement or explanation of the following: (1) the amount of additional funds to be expended under the modification; (2) why the need for additional goods or services could not be foreseen at the time the contract was initially awarded; (3) why it would not be in the city's best interests to have the additional contract requirements awarded through other procurement processes specified in this chapter such as Sections 329.06, 329.09, 329.11, 329.12; 329.13, or 329.14; and (4) how the price for the additional goods or services which are the subject of the modification was determined. This explanation shall become part of the contract file. No contract modification shall be effective until approved by ordinance of city council.
No modification shall be used to extend a contract with a contractor from year-to-year unless the contract was originally established with a multi-year renewal option. Any city agency entering into an agreement for a contract modification resulting in the purchase of additional goods or services shall submit a record of such modification to the director of finance and management or designee. The city agency shall maintain a public record of these contract modifications. For each modification, the record shall clearly state the city agency involved, the contract identification number, the contractor's identity, and the amount of the modification. The record shall also describe the additional materials, supplies, equipment and/or services procured under the modification.
329.17 Contract administration and evaluation.
Promptly after awarding any contract for services under Sections 329.09, 329.11, 329.12, 329.13, or 329.14, the director of the city agency shall designate an employee of the city agency as contract administrator.
The contract administrator shall have the following responsibilities: (1) to determine whether the contractor is in compliance with the terms and conditions of the contract before any scheduled payment is made; (2) to initiate action in the event of nonperformance or other breach of the contract; and (3) to file an evaluation of the contractor's performance with the director of finance and management or designee and the city agency within sixty (60) days after the completion of the contract.
This evaluation shall be completed in a form prescribed by the director of finance and management or designee. The completed evaluation shall become part of the contract file, and a copy of such evaluation shall be retained by the director of finance and management or designee to assist in the evaluation of contractors for future city contracts.
The director of the city agency shall promptly fill any vacancy that occurs in the position of contract administrator for any contract prior to the completion of the contract.
329.18 Statements of expression of interest.
Individuals and firms engaged in providing professional services may submit to the director of finance and management or designee and any city agency written statements expressing their interest in providing professional services to the city. The director of finance and management or designee may specify a uniform format for statements of expression of interest. The director of finance and management or designee and the city agencies shall retain these statements to assist city agencies in contacting individuals and firms interested in providing professional services to the city. Individuals and firms may amend these statements at any time by filing a new statement.
329.19 Issuance of addenda-Cancellation of invitations for bids, request for statements of qualifications, and requests for proposals.
The director of finance and management or designee or city agency may issue addenda to or cancel any invitation for bids, request for statements of qualifications, and/or request for proposals, and may reject any or all bids or proposals in whole or in part when it is for good cause and in the best interests of the city. Each invitation for bids, request for statements of qualifications, and request for proposals issued by the city shall state that the bid or request may be cancelled and that any bid or proposal may be rejected in whole or in part when it is for good cause and in the best interests of the city.
329.20 Correction or withdrawal of bids or offers.
The director of finance and management or designee may allow a bidder responding to an invitation for bids to withdraw an inadvertently erroneous bid by written notice prior to the opening of bids.
329.22 General contract provisions.
All contracts shall be in writing and shall be executed in the name of the city by the director of the city agency, or director of finance and management or designee. Copies of the contract shall be filed with the city agency, the city auditor, and the contractor.
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329.23 City attorney review-Establishment of standard contracts and contract clauses.
All contracts shall be reviewed by and approved as to form by the city attorney or a representative of the city attorney. Any contract which has not been reviewed and approved by the city attorney or his designated representative shall be void and unenforceable against the City and its officials. The city attorney, in consultation with the director of finance and management or designee, may establish standard procurement contracts and standard contract language and clauses for use in or as procurement contracts where appropriate.
329.28 Authority to debar or suspend.
After consulting with the city attorney, the director of finance and management or designee is authorized to suspend an individual or firm from consideration for the award of city contracts if there is probable cause to believe that the individual or firm has engaged in any activity (as identified in this section) which might lead to debarment. The suspension shall be for a period not to exceed three (3) months.
After reasonable notice to the individual or firm involved and reasonable opportunity for that individual or firm to be heard, the director of finance and management or designee, after consulting with the city attorney, is authorized to debar a person or firm from consideration of award of city contracts. The debarment shall be for a period of not more than three (3) years.
The causes for debarment include the following:
(1) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which significantly affects responsibility as a contractor.
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals.
(4) Violation of contract provisions of a serious character including deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a contract, and/or a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be a basis for debarment.
(5) Any other cause which the director of finance and management or designee determines to be so serious and compelling as to affect responsibility as a contractor, including debarment by another governmental entity for any cause listed in this section.
The director of finance and management or designee shall issue a written decision to debar or suspend and shall send a copy of the decision to the debarred or suspended individual or firm. The decision shall state the reasons for the action taken and inform the debarred or suspended individual or firm involved of any available judicial or administrative review.
329.29 Sale of city-owned realty.
Unless specifically approved by ordinance, no city agency shall offer for sale any real property without the recommendation of the land review commission. When such sale is approved, the director of finance and management or designee shall advertise such property for sale in the Columbus City Bulletin for a period of at least two (2) weeks. The director of finance and management or designee may also advertise the sale in newspapers and any other appropriate publications. Bids shall be opened at the date and time specified. When the bids are opened, the amounts of the bids shall be reported to city council. No property shall be conveyed until city council has approved the conveyance and terms of the sale by ordinance.
When the director of finance and management or designee has twice offered a tract of real estate for sale and it has not been sold, the director of finance and management or designee may sell it at private sale either as an entire tract or in parcels; however, no conveyance shall be made until the amount of the bid and the conditions of the sale are reported to and approved by city council. This section shall not apply to sales of real property acquired as part of an urban renewal project.
329.30 Sale of city-owned personal property.
All personal property of the city no longer needed for public use shall be sold by the director of finance and management or designee upon written recommendation of the director of the city agency having control of such property. Such property shall first be offered for sale or transfer to any other city agency at its present value. If not sold to another city agency, such property shall be sold to the highest bidder in a manner prescribed by the director of finance and management or designee.
333.01 Annual submission of the capital improvements budget.
No later than December 15 of each year, the finance and management department shall submit to city council the administration's proposed capital improvements budget and capital improvements program.
333.03 Ordinances to be submitted to finance and management director.
All ordinances relative to the issuance of notes or bonds; appropriating money from bond funds or any other funds listed in the capital improvements budget; or in any way relating to capital improvements of the city shall be forwarded to the finance department of finance and management for review and approval prior to submission to city council. The finance department of finance and management shall thereupon inform city council as to whether said ordinances conform with the capital improvements budget.
333.04 Ordinances not conforming to the capital budget.
Ordinances not conforming to the capital improvements budget shall not be passed until said budget is amended. No amendments to the capital improvements budget shall be made except as follows:
All requests for modifications pertaining to the capital improvements budget shall be submitted to the director of finance and management for recommendations before such changes shall be submitted to city council for adoption. The department of finance and management shall provide copies of all such requests involving additions or deletions to the capital improvements budget to the director of the department of trade and development for recommendations in an expeditious manner before such changes shall be acted upon by city council.
333.05 Capital planning duties.
The department of finance and management and the department of trade and development shall assemble information and requests, make surveys and studies, review departmental capital financial needs including facility renovations as well as vehicle and equipment replacement schedules within the capital improvement program, conduct hearings, and take such actions as may be necessary to provide for consideration of council on or before December 15 of each year a capital improvements budget for the following year and a five (5) year capital improvements program.
No later than July 15 of each year each department shall submit to the director of finance and management all proposed capital projects they believe should be included in the capital improvements budget and capital improvements program. The department of trade and development in consultation with other administrative departments and city council shall analyze and recommend project prioritization for the five (5) year capital improvements program with the assistance of the department of finance and management, and the department finance and management shall provide fiscal direction and have final review of the five (5) year capital improvements program and capital improvements budget.
361.32 Board of tax appeals.
A board of tax appeals is hereby created consisting of the city auditor or designee, the city treasurer or designee and the director of the department of finance and management or designee.
The board shall select, each year for a one (1) year term, one (1) of its members to serve as chairman and one (1) to serve as secretary. A majority of the members of the board of tax appeals shall constitute a quorum. The board of tax appeals shall adopt its own procedural rules and keep a record of its transactions. All hearings by the board may be conducted privately and the provisions of Section 361.29 with reference to the confidential character of information required to be disclosed by this charter shall apply to such matters as may be heard on appeal before the board of appeals.
Any person who has filed returns or other documents required by this chapter and who is aggrieved by a decision of the city auditor or the designee thereof pertaining to that filing may appeal said decision to the board of tax appeals. Such appeal shall be in writing, shall state why the decision should be deemed incorrect or unlawful and shall be filed no more than thirty (30) calendar days after the issuance of the decision being appealed.
Unless the person who has filed a timely appeal of the decision issued by the city auditor or his designee waives a hearing, the board of tax appeals shall schedule a hearing within forty-five (45) days after receiving the appeal. At the hearing, the appellant as well as the city auditor or designee thereof may appear before the board. The board shall issue its decision within ninety (90) days of the hearing sending notice of same to the appellant and the city auditor within fifteen (15) days of its issuance.
525.10 Appeal from decision denying permit.
If the board denies an application for a permit it shall notify the applicant of its decision and the grounds therefore by certified mail. Within five (5) days after the receipt of such notification, the applicant may file a written request for an appeal from said decision, together with exceptions to the grounds upon which the board based its denial of the application, to the charitable solicitations board of review shall be composed of the director of finance and management or his designee, the city treasurer or his designee, and the city auditor or his designee. Upon the filing of such request, the charitable solicitations board of review shall fix a time and place for the hearing, which shall be within seven (7) days after the request is filed, and shall notify the applicant thereof. At the hearing on appeal, the applicant may present evidence in support of his application and exceptions. Any interested person may be allowed to participate in the hearing to present evidence. Within five (5) days after the conclusion of the hearing, the charitable solicitations board of review shall render a written report either granting or denying the application for a permit. In its report, the charitable solicitations board of review shall state the ground upon which its decision is based. The report shall be filed in the safety director or his designee's office for public inspection and a copy shall be served by mail upon the applicant.
1153.01 Sewer and water advisory board.
There shall be a sewer and water advisory board consisting of the city auditor or his representative; the director of public utilities or his representative; the director of finance and management and budget or his representative; six (6) citizens of the city of Columbus, one (1) of whom is knowledgeable and representative of residential customers, one (1) of whom is knowledgeable and representative of low-income residential customers, and one (1) of whom is knowledgeable and representative of senior citizen residential customers, and one (1) citizen of a political subdivision other than Columbus which is a customer of the Columbus division of water and the cColumbus division of sewerage and drainage, appointed by the mayor with the concurrence of city council in accordance with Section 61 of the Charter of the city to serve for a term of four (4) years; the four (4) appointed members of the board currently serving four (4) year terms shall serve those terms to conclusion; the three (3) new members of the board shall initially be appointed as follows: one (1) for a term of two (2) years, one (1) for a term of three (3) years, and one (1) for a term of four (4) years, all subsequent appointments, except those to fill vacancies for the unexpired term, shall be for a full term of four (4) years.
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The board shall select one of its members as chairman, and a rate clerk of the department of public utilities shall act as secretary, but shall have no vote. The board shall meet upon call of the chairman or any three (3) members upon at least seventy-two (72) hours written notice to each member or at such time as may be set by the board at any regularly called meeting.
The sewer and water advisory board shall review at least annually the operation of the division of sewerage and drainage and the division of water for the purpose of reviewing the adequacy of the rates established for and charged by said divisions and recommending to council such changes in rates, if any, as in the opinion of the board are necessary. In making such review and recommendations, the board shall be guided by Sections 120 to 123 of the Charter of the city of Columbus and the projected needs, and plans of the division, and the past and projected expenses and revenues of the division.
On or before the last Monday of October of each year, or at such other times as requested by council, the sewer and water advisory board shall prepare a report to council with the board's recommendations as to whether a rate change is required in either the division of sewerage and drainage or the division of water, and if so, the recommended rates that should be established for each such division together with such detailed information and data, and in such form, as the board deems necessary.
1934.03 Program established.
There is hereby established an emergency medical services reimbursement program which is incident to the provision of emergency medical services by the division of fire. All policies governing this program shall be determined by the director of the department of public safety in collaboration with the director of the department of finance and management.
1934.04 Fees.
(a) The department of public safety shall establish fees for emergency medical services it renders to any person, whether a resident or nonresident of the city. The fee shall reflect the costs of providing services for emergency care and shall include the costs of medical care plus the costs associated with transportation. Such fees, and any revisions to the fees, shall be approved by the director of the department of finance and management.
(b) When the division of fire renders emergency medical services to individuals, it shall inquire whether such individual is covered by any private or public health insurance plan, and, if the resident has coverage, the division shall attempt to make further inquiry to obtain the minimum data required to maintain accurate records and submit bills to the insurance carrier or public health care program, or to the patient's financially responsible party when required by law.
(c) The department of public safety is hereby authorized to enter into a contract with a third party billing agency for the performance of emergency medical services billing and collection services. The department, or the authorized contractor, shall bill for such services within the timeframes established by department policy or by contract with a third party billing agency.
(d) The department of public safety, or the authorized contractor, shall collect from nonresidents of the city, those costs of emergency medical care that are not covered by their insurance carrier or public health care program. Such costs are limited to the insured's co-payment and/or coinsurance amounts as provided in the insured's coverage policy. The city will not balance bill when prohibited by law. In the event that a nonresident is uninsured, the department of public safety, or its designee, shall bill the nonresident for the full cost of services provided. The department may establish a hardship waiver determination policy to consider waiving the out-of-pocket financial obligations of nonresidents demonstrating a bona fide inability to pay. The costs of emergency medical care for a resident of the city that are not covered by private insurance or a public health care program shall be deemed to be paid from the operating revenues received by the city from local taxes and other sources.
(e) The department of public safety, or the authorized contractor, shall make reasonable efforts to collect amounts due from nonresidents of the city for the non-covered costs of care as outlined in subsection (d).
3115.03 Commission duties.
The commission shall:
(a) Review, examine and consider all works of art to be acquired by the city whether by purchase, gift, or otherwise, and the location thereof prior to the acquisition thereof;
(b) Require to be submitted to it, whenever it deems it necessary, a complete model or design of any work of art to be acquired by the city;
(c) Review, examine, and consider the removal, relocation or alteration of any existing work of art in the possession of the city;
(d) Examine, at least once every two (2) years, all city monuments and works of art and make a report to the director of public service and the director of the office department of finance and management and budget thereof, with recommendation for the future care and maintenance thereof;
(e) Establish rules and regulations for the procedures to be used in matters submitted to it for determination.
3372.02 Council-approved plan.
Any person or organization proposing special development standards for an area shall first complete a planning process which culminates in a council-approved plan by resolution. At minimum, such process shall include the preparation of a plan, coordination with the strategic planning section of the city's office of management and budget department of development and sponsorship by a member of council. The planning document should clearly describe the planning area and explain why the area is special or unique. Recommendations which may affect development standards for the area should be documented.
3503.02 Community Development.
The Finance Ddepartment of finance and management is designated as agent of the City for Slum Clearance and Urban Redevelopment and rehabilitation and conservation, and as the agent of the City to carry out the functions and activities of the Housing and Community Development Act of 1974 (P.L. 93-383), or any successor program thereto. As this agency, it shall cooperate, work with, and secure the services of all other City departments where necessary and prudent to prepare and carry out renewal and community development programs.
The Finance Ddepartment of finance and mnagement shall perform such other programs and functions as may be assigned by the Mayor, which may include, but not be limited to, redevelopment, rehabilitation and conservation activities affecting the total City environment.
3503.03 Federal assistance.
The Ddirector of Ffinance and management is authorized to take all administrative steps to secure Federal aid as well as llotersorcs of aid, financial or otherwise, in order to facilitate the financing, planning and execution of community development and urban renewal programs.
3513.01 Federal assistance.
The Director of Finance is authorized to take all necessary administrative steps to secure Federal aid in the financing of the renewal project areas.
3513.05 Assisting displaced families.
The Department of Finance in addition to duties previously authorized by Council shall assume the responsibility and is authorized to expend funds of the Department for assisting displaced families in such manner and form as may be prescribed in City Council.
The Finance Ddepartment of finance and management, in coordination with the Human Services and Ddevelopment Ddepartments shall develop all required plans which utilize the grant assistance from the Federal Government as provided for in the Act as well as any other available resources, financial or otherwise, for the following activities:
(a) Acquisition in whole or in part by purchase, lease, donation, or otherwise, of real property (including air rights, water rights and other interests therein), which is:
(1) Blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth, as determined by the recipient pursuant to State and local laws;
(2) Appropriate for rehabilitation or conservation activities;
(3) Appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas and the provision of recreational opportunities;
(4) To be used for the provision of public works, facilities and improvements eligible for assistance under paragraph (b) of this section; or
(5) To be used for other public purposes, including the conversion of land to other uses where necessary or appropriate to the community development program.
(b) Acquisition, construction, reconstruction, or installation of the following public works, facilities, and site or other improvements: neighborhood facilities, senior centers, historic properties, utilities, streets, street lights, water and sewer facilities, foundations and platforms for air rights, sites, pedestrian malls and walkways, and parks, playgrounds, and other facilities for recreational participation: flood and drainage facilities in cases where assistance for such facilities has been determined to be unavailable under other Federal laws or programs; and parking facilities, solid waste disposal facilities, and fire protection services and facilities which are located in areas or which serve areas in which other community development activities are being undertaken with funds provided by the Federal Government under the Act.
(c) Code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area.
(d) Clearance, demolition, removal, and rehabilitation of buildings and improvement to include the following:
(1) Interim assistance to alleviate harmful conditions in which public action is needed;
(2) Financing rehabilitation of privately owned properties through the use of grants, direct loans, loan guarantees and other means, when in support of other activities being undertaken with funds provided by the Federal Government under the Act;
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(3) Demolition and modernization (but not new construction) of publicly owned low-rent housing.
(e) Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons.
(f) Payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by program activities.
(g) Disposition, through sale, lease, donation, or otherwise of any real property acquired pursuant to this section or its retention for public purposes provided that the proceeds from any such disposition shall be expended only for activities in accordance with this section.
(h) Provision of public services not otherwise available in areas, or serving residents of areas, in which the recipient is undertaking, or will undertake, other activities with funds provided by the Federal Government under the Act, where such services are determined to be necessary or appropriate to support such other activities and where assistance in providing or securing such services under other applicable Federal laws or programs has been applied for and denied or not made available pursuant to the provisions of the Act. For the purposes of this paragraph, such services shall be directed toward improving the community's public services and facilities including those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons residing in such areas, and coordinating public and private development programs.
(i) Payment of the nonfederal share required in connection with a Federal grant-in-aid program undertaken as part of the community development program; provided, that such payment shall be limited to activities otherwise eligible under this section.
(j) Payment of the cost of completing a project funded under Title I of the Housing Act of 1949, including the provisions for financial settlement contained in Subpart I.
(k) Relocation payments and assistance for individuals, families, businesses, organizations, and farm operations displaced by activities assisted under this section, including all benefits at least equal to the minimum levels established under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(l) Activities necessary to develop a comprehensive community development plan (which plan may address the needs, strategy, and objectives summarized in the application to the Federal Government for a grant under the Act but may treat only such public services as are necessary or appropriate to support activities meeting such needs and objectives), and to develop a policy-planning management capacity so that the City may more rationally and effectively:
(1) Determine its needs;
(2) Set long-term goals and short-term objectives;
(3) Devise programs and activities to meet the goals and objectives;
(4) Evaluate the progress of such programs and objectives;
(5) Carry out management, coordination, and monitoring of activities necessary for effective program implementation.
(m) Payment of reasonable administrative costs and carrying charges related to planning and execution of community development activities.
(n) Such other activities which are or may from time to time be prescribed in the Act or any successor program thereto.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.