145.08   UNLAWFUL DISCRIMINATION

Every contract for or on behalf of the City, for the purchase by the City of any goods or services, is subject to the following provisions:

(a) In the hiring of the employees for the manufacture, processing or furnishing of such goods or services, the seller and any person or corporation acting on his behalf, shall not, by reason of race, religion, color, ancestry, national origin or sex, discriminate against any person who is qualified to perform the work required by such employment.

(b) The seller and any person or corporation acting on his behalf, shall not, on account of race, religion, color, ancestry, national origin or sex, in any manner intimidate any employee hired for the performance of work in connection with the manufacture, processing or furnishing of any such goods or service.

(c) Any seller who violates this section is subject to the following forfeitures:

(1) The deduction of one hundred dollars ($100.00) from the amount payable to the seller by the City under such contract for each person who is discriminated against or intimidated in violation of this section;

(2) The cancellation or termination by the City of the seller's contract with the City and the forfeiture of all money due thereunder for a second or subsequent violation of this section.

(d) Contracts with the City shall contain a warning that the above described unlawful acts shall subject the seller to the forfeitures set forth in this section.

145.09   CERTIFICATION OF CONTRACTS.

(a) Except as otherwise provided in the City Charter, the City shall not make any contract or give any order involving the expenditure of money unless there is attached thereto a certificate of the Finance Director that the amount required to meet the obligation or, in case of a continuing contract to be performed in whole or in part in an ensuing calendar year, the amount required to meet the obligation in the calendar year in which the contract is made, has been lawfully appropriated for such purpose and is in the treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrances. This certificate need be signed only by the Finance Director. Every such contract made without such certificate shall be void, and no warrant shall be issued in payment of any amount due thereon. If no certificate is furnished as required, upon receipt by the City Commission of a certificate of the finance director stating that there was at the time of the making of such contract or order and at the time of the execution of such certificate a sufficient sum appropriated for the purpose of such contract in the treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrances, the City Commission may authorize the drawing of a warrant in the payment of amounts due upon such contract; provided, that if the amount involved is less then [sic] $100.00, the Finance Director may authorize it to be paid without such affirmation of the City Commission, if such expenditure is otherwise valid.

(b) Upon certification by the Finance Director that a certain sum of money, not in excess of the limit established in Section 42 of the City's Charter, has been lawfully appropriated, authorized, or directed for a certain purpose and is in the treasury or in the process of collection to the credit of a specific line-item appropriation account in a certain fund free from previous and then outstanding obligations, or certifications, then for such purpose and from such line-item appropriation account in such fund, over a period not exceeding twelve (12) months and not extending beyond the thirty-first (31st) day of the January immediately following the end of the fiscal year in which the certification is made, expenditures may be made, orders for payments issued, and contracts or obligations calling for or requiring the payment of money made and assumed; provided, that the aggregate sum of money included in and called for by such expenditures, orders, contracts, and obligations shall not exceed the sum so certified. Such certification need be signed only by the Finance Director, but need not be limited to a specific vendor. An itemized statement of obligations incurred and expenditures made under such certificate may be issued, and not more than one such certificate shall be outstanding at a time.

(c) In any case in which a contract is entered into upon a per unit basis, the head of the department, for which the contract is made, shall make an estimate of the total amount to become due upon such contract, which estimate shall be certified in writing to the Finance Director. Such contract may be entered into if the appropriation covers such estimate, or so much thereof as may be due during the current calendar year. In such a case, the certificate of the Finance Director based upon the estimate shall be in sufficient compliance with the law requiring a certificate.

(d) Any certificate of the Finance Director attached to a contract shall be binding upon the City as to the facts set forth therein. Upon request of any person receiving an order or entering into a contract with the City, the certificate of the Finance Director shall be attached to such order or contract. "Contract" as used in this section excludes obligations for the compensation of persons employed by the City.

(e) Taxes and other revenue in process of collection or the proceeds to be derived from authorized bonds, notes, or certificates of indebtedness sold and in process of delivery, shall, for ht epurpose of this section, be deemed in the treasury or in process of collection and in the appropriate fund. This section applies neither to the investment of sinking funds by the trustees of such funds, nor to investments made under sections 731.56 to 731.59 of the Ohio Revised Code.
(Ord. 91-433. Passed 11-5-91.)

145.10   BID PROTESTS

(a) Bidders whose bids are refused or rejected by the Purchasing Agent and bidders who object to the Purchasing Agent's recommendation of a contract award who desire reconsideration of the Purchasing Agent's acts must submit a written request for reconsideration to the City's Finance Director stating all reasons the bidder objects to the Purchasing Agent's decision.

(b) All requests for reconsideration must be submitted within five (5) days after the Purchasing Agent has posted notice of his recommendation for award. Bidders who fail to submit a petition for reconideration within the said five (5) day period, waive any objection to the decisions of the Purchasing Agent.
(Ord. 94-203. Passed 5-31-94.)

145.11   CONTRACTS TO PROVIDE LABORATORY SERVICES.

The City Manager is authorized to enter into contracts on behalf of the City to provide laboratory services to the public and private entities; provided, that such contracts may be terminated by the City upon thirty-days notice. The contracts shall provide for fees to be paid to the City which shall be set by the City Manager to recover the costs to the City of providing such services. Laboratory services shall be provided only to the extent that the City's Utilities Department has excess capacity to perform laboratory services over and above the services needed for City operations. The City Manager may delegate the authority to execute laboratory service contracts to the City's Utilities Director.
(Orc. 94-302. Passed 8-9-94.)

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