Cosponsors:
Senators Niehaus, Gardner, Schuler, Schuring, Cates, Fedor, Roberts, Buehrer, Harris, Kearney, Mumper, Spada, Wilson
Representatives Mallory, Newcomb, Chandler, Uecker, Adams, Bolon, Brinkman, Budish, Coley, Combs, Domenick, Driehaus, Flowers, Gibbs, Goyal, Hagan, J., Lundy, Mecklenborg, Schneider, Zehringer
(B)(C) Acquisition by a
county or townshippolitical | 43 |
subdivision of equipment, material, supplies, or
services, through | 44 |
participation in a contract of another
county or township | 45 |
political subdivision or participation in an association program | 46 |
under division (A)(B)(1) or (2) of this
section, is exempt from | 47 |
any
competitive selection requirements otherwise required by law, | 48 |
if
the contract in which it is participating was awarded pursuant | 49 |
to a publicly solicited request for a proposal or a competitive | 50 |
selection procedure of another political subdivision within this | 51 |
state or in another state. Acquisition by a county or township | 52 |
political subdivision of equipment, materials, supplies, or | 53 |
services pursuant to division (A)(B)(3) of this section is exempt | 54 |
from any competitive selection requirements otherwise required by | 55 |
law.
No county or townshippolitical subdivision shall acquire | 56 |
equipment, materials, supplies, or
services by participating in a | 57 |
contract under this section if it has
received bids for such | 58 |
acquisition, unless its participation
enables it to make the | 59 |
acquisition upon the same terms,
conditions, and specifications at | 60 |
a lower price. | 61 |
(C)(D) A county or townshippolitical subdivision that is | 62 |
eligible to participate in a joint purchasing program operated by | 63 |
or through a national or state association of political | 64 |
subdivisions in which the purchasing county or townshippolitical | 65 |
subdivision is eligible for membership may purchase supplies or | 66 |
services
from another party, including another political | 67 |
subdivision, instead of
through participation in contracts | 68 |
authorized by division (A)(B)(2) of
this section if the county or | 69 |
townshippolitical subdivision can purchase those
supplies or | 70 |
services from the other party upon equivalent terms,
conditions, | 71 |
and specifications but at a lower price than it can
through those | 72 |
contracts. Purchases that a county or townshippolitical | 73 |
subdivision
makes under this division are exempt from any | 74 |
competitive
selection procedures otherwise required by law. A | 75 |
county or townshippolitical subdivision that makes any purchase | 76 |
under this division shall
maintain sufficient information | 77 |
regarding the
purchase to verify that the
county or townshipit | 78 |
satisfied the conditions for making a
purchase under this | 79 |
division. Nothing in this division restricts any action
taken by a | 80 |
county or townshippolitical subdivision
as authorized by division | 81 |
(A)(B)(1) of this section. | 82 |
Sec. 125.04. (A) Except as provided in division (D) of
this | 88 |
section, the department of administrative services shall
determine | 89 |
what supplies and services are
purchased by or for
state | 90 |
agencies. Whenever the department of
administrative
services | 91 |
makes any change or
addition to the lists of supplies
and | 92 |
services that it determines
to purchase for state agencies,
it | 93 |
shall provide a list to the
agencies of the changes or
additions | 94 |
and indicate when the
department will be prepared to
furnish each | 95 |
item listed. Except for the requirements of
division (B) of | 96 |
section 125.11 of the Revised Code, sections
125.04 to 125.08 and | 97 |
125.09 to 125.15 of the Revised Code do not
apply to or affect the | 98 |
educational institutions of the state. The department shall not | 99 |
include the bureau of workers'
compensation
in the lists of | 100 |
supplies, equipment, and services
purchased and
furnished by the | 101 |
department. | 102 |
(b) "Political subdivision"
means any county, township, | 110 |
municipal corporation, school
district, conservancy district, | 111 |
township park district, park
district created under Chapter 1545. | 112 |
of the Revised Code,
regional transit authority, regional airport | 113 |
authority, regional water and
sewer district, or port authority. | 114 |
"Political subdivision" also includes any
other political | 115 |
subdivision described in the Revised Code that has been
approved | 116 |
by the department to participate in the department's contracts | 117 |
under
this division. | 118 |
(2) Subject to division (C) of this section, the
department | 121 |
of administrative services may permit a
political
subdivision, | 122 |
county board of elections, private fire
company, or private, | 123 |
nonprofit
emergency medical service
organization
to participate | 124 |
in contracts into which the
department
has entered for the | 125 |
purchase of supplies and
services.
The department may charge the | 126 |
entity a reasonable fee to cover the
administrative costs the | 127 |
department incurs as a result of
participation by the
entity in | 128 |
such a purchase contract. | 129 |
A political subdivision
desiring to participate in such | 130 |
purchase contracts shall file
with the department a certified copy | 131 |
of an ordinance or
resolution of the
legislative authority or | 132 |
governing board of the
political
subdivision. The resolution or | 133 |
ordinance shall request
that the
political subdivision be | 134 |
authorized to participate in
such
contracts and shall agree that | 135 |
the political subdivision
will be
bound by such terms and | 136 |
conditions as the department prescribes and that it will directly | 137 |
pay the vendor
under each
purchase contract. A board of elections | 138 |
desiring to
participate in such purchase contracts shall file | 139 |
with the
purchasing authority a written request for inclusion in | 140 |
the
program.
A private fire company or private, nonprofit | 141 |
emergency
medical
service organization desiring to participate in | 142 |
such
purchase contracts shall
file with the department a written | 143 |
request for inclusion in the program signed
by
the chief officer | 144 |
of the company or organization. A request
for inclusion shall | 145 |
include an agreement to be bound by such terms
and conditions as | 146 |
the
department prescribes
and to make direct payments to the | 147 |
vendor under each
purchase
contract. | 148 |
The department shall include in its
annual report an | 149 |
estimate of the cost it incurs by permitting
political | 150 |
subdivisions, county boards of elections, private fire
companies, | 151 |
and private, nonprofit
emergency medical service
organizations
to | 152 |
participate in contracts pursuant to this
division. The department | 153 |
may require such
entities
to file a
report with the department, | 154 |
as often as it finds necessary,
stating how many such
contracts | 155 |
the entities participated in within a
specified period
of
time, | 156 |
and any other
information the department requires. | 157 |
(3) Purchases made by a political subdivision or a county | 158 |
board of elections under this division
are exempt from any | 159 |
competitive selection procedures otherwise required by
law. No | 160 |
political subdivision shall make any purchase under this division | 161 |
when bids have been received for such purchase by the subdivision, | 162 |
unless such
purchase can be made upon the same terms, conditions, | 163 |
and specifications at a
lower price under this division. | 164 |
(C) A political subdivision as defined in division (B) of | 165 |
this
section or a county board of elections may purchase supplies | 166 |
or services
from another party, including a political | 167 |
subdivision, instead of
through participation in contracts | 168 |
described in division (B) of
this section if the political | 169 |
subdivision or county board of elections can purchase those | 170 |
supplies or services from the other party upon equivalent terms, | 171 |
conditions, and specifications but at a lower price than it can | 172 |
through those contracts. Purchases that a political subdivision or | 173 |
county board of elections
makes under this division are exempt | 174 |
from any competitive
selection procedures otherwise required by | 175 |
law. A political
subdivision or county board of elections that | 176 |
makes any purchase under this division shall
maintain sufficient | 177 |
information regarding the
purchase to verify that the
political | 178 |
subdivision or county board of elections satisfied the conditions | 179 |
for making a
purchase under this division. Nothing in this | 180 |
division restricts any action
taken by a county or township
as | 181 |
authorized by division (A)(B)(1) of section 9.48 of the Revised | 182 |
Code. | 183 |
(D) This section does not apply to supplies or services | 184 |
required by the legislative or judicial branches, the capitol | 185 |
square review and advisory board, the
adjutant general, to | 186 |
supplies or services purchased by a state
agency directly as | 187 |
provided in division (A) or (E) of section
125.05 of
the Revised | 188 |
Code, to purchases of supplies or services
for the emergency | 189 |
management agency as provided in section 125.023
of the Revised | 190 |
Code, or to
purchases of supplies or services for
the
department | 191 |
of rehabilitation and correction in its operation
of
the program | 192 |
for the employment of prisoners established under
section 5145.16 | 193 |
of the Revised Code that shall be made pursuant
to
rules adopted | 194 |
by the director of administrative services and
the
director of | 195 |
rehabilitation and correction in accordance with
Chapter 119. of | 196 |
the Revised Code. The rules may provide for the
exemption of the | 197 |
program for the employment of prisoners from the
requirements of | 198 |
division (A) of this section. | 199 |
Sec. 307.86. Anything to be purchased, leased, leased with | 200 |
an option or agreement to purchase, or constructed, including,
but | 201 |
not limited to, any product, structure, construction, | 202 |
reconstruction, improvement, maintenance, repair, or service, | 203 |
except the services of an accountant, architect, attorney at law, | 204 |
physician, professional engineer, construction project manager, | 205 |
consultant, surveyor, or appraiser, by or on behalf of the county | 206 |
or contracting authority, as defined in section 307.92 of the | 207 |
Revised Code, at a cost in excess of twenty-five thousand dollars, | 208 |
except
as otherwise provided in division (D) of section 713.23 and | 209 |
in
sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041, | 210 |
307.861,
339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, | 211 |
5513.01,
5543.19, 5713.01,
and
6137.05 of the Revised Code, shall | 212 |
be
obtained through
competitive bidding. However, competitive | 213 |
bidding
is not
required
when any of the following applies: | 214 |
Whenever a contract of purchase, lease, or construction is | 227 |
exempted from competitive bidding under division (A)(1) of this | 228 |
section because the estimated cost is less than fifty thousand | 229 |
dollars, but the estimated cost is twenty-five thousand dollars or | 230 |
more,
the county or contracting authority shall solicit informal | 231 |
estimates from no fewer than three persons who could perform the | 232 |
contract, before awarding the contract. With regard to each such | 233 |
contract, the county or contracting authority shall maintain a | 234 |
record of such estimates, including the name of each person from | 235 |
whom an estimate is solicited. The county or contracting
authority | 236 |
shall maintain the record for the longer
of at least one
year | 237 |
after
the contract is awarded or the amount of time the
federal | 238 |
government
requires. | 239 |
(D) The purchase is made by a county department of job and | 250 |
family services under section 329.04 of the Revised Code and | 251 |
consists of family services duties or workforce development | 252 |
activities
or is made by a county board of mental retardation and | 253 |
developmental disabilities under section 5126.05 of the Revised | 254 |
Code and consists of program services, such as direct and | 255 |
ancillary client services,
child care, case management
services, | 256 |
residential services,
and family resource services. | 257 |
(F) The purchase consists of any form of an insurance
policy | 263 |
or contract authorized to be issued under Title XXXIX of
the | 264 |
Revised Code or any form of health care plan
authorized to be | 265 |
issued under Chapter 1751. of the Revised Code, or any
combination | 266 |
of such policies,
contracts, or plans, or services that the | 267 |
contracting
authority is authorized
to purchase, and the | 268 |
contracting authority
does all of the
following: | 269 |
(3) Requests issuers of
the policies, contracts, or
plans, or | 276 |
services
to
submit proposals to the contracting authority, in a | 277 |
form
prescribed by the contracting authority, setting forth the | 278 |
coverage and cost of
the policies, contracts, or plans, or | 279 |
services as the
contracting authority desires to purchase; | 280 |
(J) The purchase is made pursuant to section 5139.34 or | 314 |
sections
5139.41 to 5139.46 of the Revised Code and is of programs | 315 |
or services that
provide case
management, treatment, or prevention | 316 |
services to any felony or misdemeanant
delinquent, unruly youth, | 317 |
or status offender under the supervision of the
juvenile court, | 318 |
including, but not limited to, community
residential care, day | 319 |
treatment, services to children in their home, or
electronic | 320 |
monitoring. | 321 |
Any issuer of policies, contracts, or plans, or services | 336 |
listed in
division (F) of this section and any prospective lessor | 337 |
under
division (I) of
this section may have the issuer's or | 338 |
prospective
lessor's
name and address, or the name and address
of | 339 |
an agent,
placed on a special
notification list to be kept by the | 340 |
contracting authority, by
sending the contracting authority
that | 341 |
name and address. The
contracting authority shall send
notice to | 342 |
all persons listed on
the special notification list.
Notices shall | 343 |
state the deadline
and place for submitting
proposals. The | 344 |
contracting authority
shall mail the notices at
least six weeks | 345 |
prior to the deadline
set by the contracting
authority for | 346 |
submitting proposals.
Every five years the
contracting authority | 347 |
may review this list
and remove any person
from the list after | 348 |
mailing the person
notification of
that
action. | 349 |
(7) If necessary, conduct discussions with offerors for the | 384 |
purpose of ensuring full understanding of, and responsiveness to, | 385 |
the requirements specified in the request for proposals, and | 386 |
accord fair and equal treatment with respect to any opportunity | 387 |
for discussion with offerors to provide any clarification, | 388 |
correction, or revision of proposals; | 389 |
(5) To the extent possible, a description of the performance | 418 |
criteria the contracting authority shall require an offeror to | 419 |
satisfy, including but not limited to, the quantity of the | 420 |
supplies, services, or both, to be purchased; the requirements the | 421 |
contracting authority shall follow for inspection and acceptance | 422 |
of the supplies, services, or both; and the delivery schedule for | 423 |
each such supply or service; | 424 |
(a) That the contracting authority reserves the right to | 441 |
reject any proposal in which the offeror takes exception to the | 442 |
terms and conditions of the request for proposals; fails to meet | 443 |
the terms and conditions of the request for proposals, including | 444 |
but not limited to, the standards, specifications, and | 445 |
requirements specified in the request for proposals; or submits | 446 |
prices that the contracting authority considers to be excessive, | 447 |
compared to existing market conditions, or determines exceed the | 448 |
available funds of the contracting authority; | 449 |
(D) An offeror may withdraw the offeror's proposal at any | 474 |
time prior to the award of a contract. A contracting authority may | 475 |
terminate negotiations with an offeror at any time during the | 476 |
negotiation process if the offeror fails to provide the necessary | 477 |
information for negotiations in a timely manner or fails to | 478 |
negotiate in good faith. If the contracting authority terminates | 479 |
negotiations with an offeror, the contracting authority shall | 480 |
negotiate with the offeror whose proposal is ranked the next most | 481 |
advantageous to the county according to the factors and criteria | 482 |
developed pursuant to division (A)(1) of this section. | 483 |
(E) A county contracting authority may award a contract
to | 484 |
the offeror whose proposal is determined to be the most | 485 |
advantageous to the county, taking into consideration the | 486 |
evaluation factors and criteria developed pursuant to division | 487 |
(A)(1) of this section and set forth in the request for proposals. | 488 |
A contracting authority may award a contract in whole or in part | 489 |
to one or more offerors. The contracting authority shall include a | 490 |
written statement in the contract file stating the basis on which | 491 |
the award is made. | 492 |
(G) A county contracting authority shall not use competitive | 510 |
sealed proposals for contracts for construction, design, | 511 |
demolition,
alteration, repair, or reconstruction of a building, | 512 |
highway,
drainage system, water system, road, street, alley, | 513 |
sewer, ditch,
sewage disposal plant, waterworks, and all other | 514 |
structures or
works of any nature by a county contracting | 515 |
authority. | 516 |
Sec. 505.10. (A) The board of township trustees may accept, | 517 |
on
behalf of the township, the donation by bequest, devise, deed | 518 |
of
gift, or otherwise, of any
real or personal
property
for any | 519 |
township use. When the township has property, including
motor | 520 |
vehicles, road machinery, equipment, and tools, which the
board, | 521 |
by resolution, finds is not needed
for public use,
is
obsolete, or
| 522 |
is unfit for the use for which
it was
acquired,
the board may sell | 523 |
and
convey
that property
or
otherwise
dispose
of it in accordance | 524 |
with this section. Except
as
otherwise
provided
in
sections | 525 |
505.08, 505.101, and
505.102 of the
Revised Code,
the sale
or | 526 |
other disposition of
unneeded, obsolete,
or unfit-for-use
property | 527 |
shall
be
made in accordance
with one of the
following: | 528 |
(1) If the fair market value of
property to be sold
is,
in | 529 |
the opinion of the board, in excess of two thousand five
hundred | 530 |
dollars, the
sale shall be by public auction or by sealed bid to | 531 |
the highest bidder. The
board
shall publish notice of the time, | 532 |
place, and
manner of the
sale
once a week for threetwo weeks in a | 533 |
newspaper
published, or of
general circulation, in the township, | 534 |
the
last
of
those
publications to be at least five days
before
the | 535 |
date of
sale, and
shall post a typewritten or printed
notice
of | 536 |
the time,
place, and
manner of the sale in the office of
the
board | 537 |
for at least ten
days
prior to the sale. The board may
also cause | 538 |
notice to be inserted in trade papers or other
publications | 539 |
designated by it or to be distributed by electronic
means, | 540 |
including posting the notice on the board's internet web
site. If | 541 |
the board posts the notice on its web site, it may
eliminate the | 542 |
second notice otherwise required to be published in
a newspaper | 543 |
published or of general circulation in the township,
provided | 544 |
that the first notice published in such newspaper meets
all of | 545 |
the following requirements: | 546 |
If the board conducts the sale of the property by sealed bid, | 555 |
the form of the bid shall be as prescribed by the board, and each | 556 |
bid shall contain the name of the person submitting it. Bids | 557 |
received shall be opened and tabulated at the time stated in the | 558 |
published and posted notices. The property shall be sold to the | 559 |
highest bidder, except that the board may reject all bids and hold | 560 |
another sale, by public auction or sealed bid, in the manner | 561 |
prescribed by this section. | 562 |
(b) Donate the property to an eligible nonprofit
organization | 568 |
that is located in this state and is exempt from federal income | 569 |
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating | 570 |
any property under this
division, the board shall adopt a | 571 |
resolution expressing its intent
to make unneeded, obsolete, or | 572 |
unfit-for-use township property
available to these organizations. | 573 |
The resolution shall include
guidelines and procedures the board | 574 |
considers to be necessary to
implement the donation program and | 575 |
shall indicate whether the
township will conduct the donation | 576 |
program or the board will
contract with a representative to | 577 |
conduct it. If a representative
is known when the resolution is | 578 |
adopted, the resolution shall
provide contact information such as | 579 |
the representative's name,
address, and telephone number. | 580 |
The resolution shall include within its procedures a | 581 |
requirement that any nonprofit organization desiring to obtain | 582 |
donated property under this division shall submit a written notice | 583 |
to the board or its representative. The written notice shall | 584 |
include evidence that the organization is a nonprofit organization | 585 |
that is located in this state and is
exempt from federal income | 586 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 587 |
the organization's primary purpose; a
description of the type or | 588 |
types of property the organization
needs; and the name, address, | 589 |
and telephone number of a person
designated by the organization's | 590 |
governing board to receive
donated property and to serve as its | 591 |
agent. | 592 |
After adoption of the resolution, the board shall publish, in | 593 |
a newspaper of general circulation in the township, notice of its | 594 |
intent to donate unneeded, obsolete, or unfit-for-use township | 595 |
property to eligible nonprofit organizations. The notice shall | 596 |
include a summary of the information provided in the resolution | 597 |
and shall be published at least twice. The second and any | 598 |
subsequent notice shall be published not less than ten nor more | 599 |
than twenty days after the previous notice. A similar notice also | 600 |
shall be posted continually in the board's office, and, if the | 601 |
township maintains a web site on the internet, the notice shall be | 602 |
posted continually at that web site. The board may
also cause | 603 |
notice to be inserted in trade papers or other
publications | 604 |
designated by it or to be distributed by electronic
means, | 605 |
including posting the notice on the board's internet web
site. If | 606 |
the board posts the notice on its web site, it may
eliminate the | 607 |
second notice otherwise required to be published in
a newspaper | 608 |
of general circulation in the township,
provided that the first | 609 |
notice published in such newspaper meets
all of the following | 610 |
requirements: | 611 |
The board or its representatives shall maintain a list of all | 620 |
nonprofit organizations that notify the board or its | 621 |
representative of their desire to obtain donated property under | 622 |
this division and that the board or its representative determines | 623 |
to be eligible, in accordance with the requirements set forth in | 624 |
this section and in
the donation program's guidelines and | 625 |
procedures, to receive
donated property. | 626 |
The board or its representative also shall maintain a list of | 627 |
all township property the board finds to be unneeded, obsolete, or | 628 |
unfit for use and to be available for donation under this | 629 |
division. The list shall be posted continually in a conspicuous | 630 |
location in the board's office, and, if the township maintains a | 631 |
web site on the internet, the list shall be posted continually at | 632 |
that web site. An item of property on the list shall be donated
to | 633 |
the eligible nonprofit organization that first declares to the | 634 |
board or its representative its desire to obtain the item unless | 635 |
the board previously has established, by resolution, a list of | 636 |
eligible nonprofit organizations that shall be given priority with | 637 |
respect to the item's donation. Priority may be given on the
basis | 638 |
that the purposes of a nonprofit organization have a direct | 639 |
relationship to specific public purposes of programs provided or | 640 |
administered by the board. A resolution giving priority to
certain | 641 |
nonprofit organizations with respect to the donation of an
item of | 642 |
property shall specify the reasons why the organizations
are given | 643 |
that priority. | 644 |
(3) If the board finds, by resolution, that the
township has | 645 |
motor vehicles, road machinery, equipment, or tools
which are not | 646 |
needed or
are unfit for public use, and the
board wishes
to sell
| 647 |
the motor vehicles, road machinery,
equipment, or tools
to the | 648 |
person or firm from which it proposes
to purchase other
motor | 649 |
vehicles, road machinery, equipment, or
tools, the board
may offer | 650 |
to sell the motor vehicles, road
machinery, equipment,
or tools to
| 651 |
that person or firm, and to
have
the selling price
credited to
the | 652 |
person or firm against
the purchase price of
other motor
vehicles, | 653 |
road machinery,
equipment, or tools. | 654 |
(4) If the board advertises for bids for the sale of
new | 655 |
motor vehicles, road machinery, equipment, or tools to the | 656 |
township, it may include in the same advertisement a notice of
the | 657 |
willingness of the board to accept bids for the purchase of | 658 |
township-owned motor vehicles, road machinery, equipment, or
tools | 659 |
which are obsolete or not needed for public use, and to
have the | 660 |
amount of
those bids subtracted from the selling
price of
the new | 661 |
motor vehicles, road machinery, equipment, or
tools, as a
means of | 662 |
determining the lowest responsible bidder. | 663 |
(B) When the board has offered property at public auction | 680 |
under
this section and has not received an acceptable offer, the | 681 |
board, by
resolution, may enter into a contract, without | 682 |
advertising or bidding, for the
sale of that property. The | 683 |
resolution shall specify a minimum acceptable
price and the | 684 |
minimum acceptable terms for the contract. The minimum
acceptable | 685 |
price shall not be lower than the minimum price established for | 686 |
the
public auction. | 687 |
(C) Members of the board shall consult with the Ohio ethics | 688 |
commission and comply with the provisions of Chapters 102. and | 689 |
2921. of the Revised Code, with respect to any sale or donation | 690 |
under division (A)(2) of this section to a nonprofit organization | 691 |
of which a township trustee, any member of the township trustee's | 692 |
family, or any business associate of the township trustee is a | 693 |
trustee, officer, board member, or employee. | 694 |
(D) Notwithstanding anything to the contrary in division
(A) | 695 |
or (B) of this section and regardless of the property's value,
the | 696 |
board may sell personal property,
including
motor vehicles, road | 697 |
machinery, equipment, tools, or
supplies,
which is not needed for | 698 |
public use, is obsolete, or is
unfit for
the use for which it was | 699 |
acquired, by internet auction.
The board
shall adopt, during each | 700 |
calendar year, a resolution
expressing
its intent to sell that | 701 |
property by internet auction.
The
resolution shall include a | 702 |
description of how the auctions
will be
conducted and shall | 703 |
specify the number of days for bidding
on the
property, which | 704 |
shall be no less than fifteen days,
including
Saturdays, Sundays, | 705 |
and legal holidays. The resolution
shall
indicate whether the | 706 |
township will conduct the auction or
the
board will contract with | 707 |
a representative to conduct the
auction
and shall establish the | 708 |
general terms and
conditions of
sale. If
a representative is known | 709 |
when
the resolution is
adopted, the
resolution shall provide | 710 |
contact
information such as
the
representative's name, address, | 711 |
and telephone
number. | 712 |
After adoption of the resolution, the board shall
publish, in | 713 |
a newspaper of general circulation in the township, notice of its | 714 |
intent to sell unneeded, obsolete, or unfit-for-use township | 715 |
personal
property by internet auction. The notice shall include a | 716 |
summary
of the information provided in the resolution and shall be | 717 |
published at least twice. The second and any subsequent notice | 718 |
shall be published not less than ten nor more than twenty days | 719 |
after the previous notice. A similar
notice also shall be posted | 720 |
continually throughout the calendar year in a conspicuous place in | 721 |
the
board's office, and, if the township maintains a web site on | 722 |
the
internet, the notice shall be posted continually throughout | 723 |
the
calendar year at that web site. The board may
also cause | 724 |
notice to be inserted in trade papers or other
publications | 725 |
designated by it or to be distributed by electronic
means, | 726 |
including posting the notice on the board's internet web
site. If | 727 |
the board posts the notice on its web site, it may
eliminate the | 728 |
second notice otherwise required to be published in
a newspaper | 729 |
of general circulation in the township,
provided that the first | 730 |
notice published in such newspaper meets
all of the following | 731 |
requirements: | 732 |
When property is to be sold by internet auction, the board or | 741 |
its representative may establish a minimum price that
will be | 742 |
accepted for specific items and may establish any other
terms and | 743 |
conditions for the particular sale, including
requirements for | 744 |
pick-up or delivery, method of payment, and sales
tax. This type | 745 |
of information shall be provided on the internet
at the time of | 746 |
the auction and may be provided before that time
upon request | 747 |
after the terms and conditions have been determined
by the board | 748 |
or its representative. | 749 |
Sec. 505.37. (A) The board of township trustees may | 750 |
establish all necessary rules to guard against the occurrence of | 751 |
fires and to protect the property and lives of the citizens | 752 |
against damage and accidents, and may, with the approval of the | 753 |
specifications by the prosecuting attorney or, if the township has | 754 |
adopted
limited home rule government under
Chapter 504.
of the | 755 |
Revised Code, with the
approval of the
specifications by
the | 756 |
township's law director, purchase, lease, lease with an option to | 757 |
purchase, or otherwise
provide any
fire
apparatus, mechanical | 758 |
resuscitators, or other
equipment,
appliances, materials, fire | 759 |
hydrants, and water supply
for
fire-fighting purposes that seems | 760 |
advisable to the board.
The
board shall provide for the care and | 761 |
maintenance of fire
equipment, and, for these purposes, may | 762 |
purchase, lease, lease with an option to purchase, or
construct | 763 |
and maintain necessary buildings, and it may establish
and | 764 |
maintain lines of fire-alarm communications within the limits
of | 765 |
the township. The board may employ one or more persons to
maintain | 766 |
and operate fire-fighting equipment, or it may enter
into
an | 767 |
agreement with a volunteer fire company for the use and
operation | 768 |
of fire-fighting equipment. The board may compensate
the members | 769 |
of a volunteer fire company on any basis and in any
amount that it | 770 |
considers equitable. | 771 |
When the estimated cost to purchase fire apparatus, | 772 |
mechanical resuscitators, other equipment, appliances, materials, | 773 |
fire hydrants, buildings, or fire-alarm communications equipment | 774 |
or services exceeds fifty thousand dollars, the contract shall be | 775 |
let by competitive bidding. When competitive bidding is required, | 776 |
the board shall advertise once a week for not less than two nor | 777 |
more than four
consecutive weeks in a newspaper of general | 778 |
circulation within the
township. The board may
also cause | 779 |
notice to be inserted in trade papers or other
publications | 780 |
designated by it or to be distributed by electronic
means, | 781 |
including posting the notice on the board's internet web
site. If | 782 |
the board posts the notice on its web site, it may
eliminate the | 783 |
second notice otherwise required to be published in
a newspaper | 784 |
of general circulation within the township,
provided that the | 785 |
first notice published in such newspaper meets
all of the | 786 |
following requirements: | 787 |
The advertisement shall include the time, date, and
place | 796 |
where the clerk of the township, or the clerk's designee,
will | 797 |
read bids publicly. The time, date, and place of bid openings
may | 798 |
be extended to a later date by the board of township trustees, | 799 |
provided that written or oral notice of the change shall be given | 800 |
to all persons who have received or requested specifications not | 801 |
later than ninety-six hours prior to the original time and date | 802 |
fixed for the opening. The board may reject all the bids or accept | 803 |
the lowest and best bid, provided that the successful bidder meets | 804 |
the requirements of section 153.54 of the Revised Code when the | 805 |
contract is for the construction, demolition, alteration, repair, | 806 |
or reconstruction of an improvement. | 807 |
(B) The boards of township trustees of any two or more | 808 |
townships, or the legislative authorities of any two or more | 809 |
political subdivisions, or any combination of these, may, through | 810 |
joint action, unite in the joint purchase, lease, lease with an | 811 |
option to purchase, maintenance, use, and
operation of | 812 |
fire-fighting equipment, or for any other purpose
designated in | 813 |
sections 505.37 to 505.42 of the Revised Code, and
may prorate the | 814 |
expense of the joint action on any terms that are
mutually agreed | 815 |
upon. | 816 |
(C) The board of township trustees of any township may, by | 817 |
resolution, whenever it is expedient and necessary to guard | 818 |
against the occurrence of fires or to protect the property and | 819 |
lives of the citizens against damages resulting from their | 820 |
occurrence, create a fire district of any portions of the
township | 821 |
that it considers necessary. The board may purchase, lease, lease | 822 |
with an option to purchase, or
otherwise
provide any fire | 823 |
apparatus, appliances, materials, fire
hydrants,
and water supply | 824 |
for fire-fighting purposes, or may
contract for
the fire | 825 |
protection for the fire district as
provided in section
9.60 of | 826 |
the Revised Code. The fire district
so created shall be
given a | 827 |
separate name by which it shall be
known. | 828 |
The board of trustees shall certify each resolution adopted | 859 |
under division (C)(2) of this section to the board of elections
in | 860 |
accordance with section 5705.19 of the Revised Code. The
election | 861 |
required under division (C)(3) of this section shall be
held, | 862 |
canvassed, and certified in the manner provided for the
submission | 863 |
of tax levies under section 5705.25 of the Revised
Code, except | 864 |
that the question appearing on the ballot shall
read: | 865 |
If the question is approved by at least a majority of the | 873 |
electors voting on it, the joinder shall be effective as of the | 874 |
first day of July of the year following approval, and on that | 875 |
date, the township fire district tax shall be extended to the | 876 |
taxable property within the territory that has been added. If
the | 877 |
territory that has been added is a municipal corporation and
if it | 878 |
had adopted a tax levy for fire purposes, the levy is
terminated | 879 |
on the effective date of the joinder. | 880 |
Any municipal corporation may withdraw from a township fire | 881 |
district created under division (C) of this section by the | 882 |
adoption by the municipal legislative authority of a resolution
or | 883 |
ordinance ordering withdrawal. On the first day of July of
the | 884 |
year following the adoption of the resolution or ordinance of | 885 |
withdrawal, the municipal corporation withdrawing ceases to be a | 886 |
part of the district, and the power of the fire
district to levy
a | 887 |
tax upon taxable property in the withdrawing municipal
corporation | 888 |
terminates, except that the fire district shall
continue to levy | 889 |
and collect taxes for the payment of
indebtedness within the | 890 |
territory of the fire district as it was
composed at the time the | 891 |
indebtedness was incurred. | 892 |
Upon the withdrawal of any municipal corporation from a | 893 |
township fire district created under division (C) of this
section, | 894 |
the county auditor shall ascertain, apportion, and order
a | 895 |
division of the funds on hand, moneys and taxes in the process
of | 896 |
collection except for taxes levied for the payment of | 897 |
indebtedness, credits, and real and personal property, either in | 898 |
money or in kind, on the basis of the valuation of the respective | 899 |
tax duplicates of the withdrawing municipal corporation and the | 900 |
remaining territory of the fire district. | 901 |
A board of township trustees may remove unincorporated | 902 |
territory of the township from the fire district upon the
adoption | 903 |
of a resolution authorizing the removal. On the first
day of July | 904 |
of the year following the adoption of the
resolution, the | 905 |
unincorporated township territory described in
the resolution | 906 |
ceases to be a part of the district,
and the power
of the fire | 907 |
district to levy a tax upon taxable property in that
territory | 908 |
terminates, except that the fire district shall
continue to levy | 909 |
and collect taxes for the payment of
indebtedness within the | 910 |
territory of the fire district as it was
composed at the time the | 911 |
indebtedness was incurred. | 912 |
(D) The board of township trustees of any township, the
board | 913 |
of fire district trustees of a fire district created under
section | 914 |
505.371 of the Revised Code, or the legislative authority
of any | 915 |
municipal corporation may purchase, lease, or lease with an option | 916 |
to purchase the necessary
fire-fighting equipment, buildings, and | 917 |
sites for the township,
fire district, or municipal corporation | 918 |
and issue securities for
that purpose
with maximum
maturities as | 919 |
provided in section 133.20
of the Revised
Code. The board of | 920 |
township trustees, board of
fire district trustees, or legislative | 921 |
authority may also
construct any buildings necessary to house | 922 |
fire-fighting
equipment
and
issue securities for that purpose with | 923 |
maximum maturities as
provided in
section 133.20 of the Revised | 924 |
Code. | 925 |
The board of
township trustees, board of fire district | 926 |
trustees,
or legislative
authority may issue the securities of the | 927 |
township,
fire district,
or municipal corporation, signed by the | 928 |
board or
designated
officer of the municipal corporation and | 929 |
attested by
the signature
of the township fiscal officer, fire | 930 |
district clerk, or municipal clerk,
covering any
deferred payments | 931 |
and payable at the times
provided, which
securities shall bear | 932 |
interest not to
exceed the rate
determined
as provided in section | 933 |
9.95 of the Revised Code, and
shall not be
subject to Chapter 133. | 934 |
of the Revised Code. The
legislation
authorizing the issuance of | 935 |
the securities
shall provide
for
levying and collecting annually | 936 |
by taxation, amounts
sufficient to
pay the interest on and | 937 |
principal of the securities. The
securities shall be
offered for | 938 |
sale on the open
market or given
to the vendor or contractor if no | 939 |
sale is made. | 940 |
(E) A board of township trustees of any township or a
board | 944 |
of fire district trustees of a fire district created under
section | 945 |
505.371 of the Revised Code may purchase a policy or
policies of | 946 |
liability insurance for the officers, employees, and
appointees of | 947 |
the fire department, fire district, or joint fire
district | 948 |
governed by the board that includes personal injury
liability | 949 |
coverage as to the civil liability of those
officers,
employees, | 950 |
and appointees for false arrest, detention, or
imprisonment, | 951 |
malicious prosecution, libel, slander, defamation
or other | 952 |
violation of the right of privacy, wrongful entry or
eviction, or | 953 |
other invasion of the right of private occupancy,
arising out of | 954 |
the performance of their duties. | 955 |
When a board of township trustees cannot, by deed of gift
or | 956 |
by purchase and upon terms it considers reasonable, procure
land | 957 |
for a township fire station that is needed in order to
respond in | 958 |
reasonable time to a fire or medical emergency, the
board may | 959 |
appropriate land for that purpose under sections
163.01 to 163.22 | 960 |
of the Revised Code. If it is necessary to
acquire additional | 961 |
adjacent land for enlarging or improving the
fire station, the | 962 |
board may purchase, appropriate, or accept a
deed of gift for the | 963 |
land for these purposes. | 964 |
A board of township trustees, by adoption of an appropriate | 968 |
resolution, may choose to have the Ohio
medical transportation | 969 |
board
license any emergency medical service organization
it | 970 |
operates.
If the board
adopts such a resolution, Chapter 4766.
of | 971 |
the
Revised Code,
except for
sections 4766.06 and 4766.99 of
the | 972 |
Revised Code,
applies to the organization.
All rules adopted | 973 |
under the
applicable sections of that chapter also apply
to the | 974 |
organization. A board of township
trustees, by adoption of an | 975 |
appropriate resolution, may remove
its emergency medical service | 976 |
organization from the jurisdiction
of the Ohio
medical | 977 |
transportation board. | 978 |
Sec. 505.376. When any expenditure of a fire and ambulance | 979 |
district,
other than for the compensation of district employees, | 980 |
exceeds fifty thousand
dollars, the contract for the
expenditure | 981 |
shall be in writing and made with
the lowest and best
bidder after | 982 |
advertising once a week for not less than two nor more than four | 983 |
consecutive
weeks in a newspaper of general circulation within the | 984 |
district.
The board of trustees of a fire and ambulance
district | 985 |
may
also cause notice to be inserted in trade papers or
other | 986 |
publications designated by it or to be distributed by
electronic | 987 |
means, including posting the notice on the board's
internet web | 988 |
site. If the board posts the notice on its web site,
it may | 989 |
eliminate the second notice otherwise required to be
published in | 990 |
a newspaper of general circulation within the
district,
provided | 991 |
that the first notice published in such
newspaper meets
all of | 992 |
the following requirements: | 993 |
The bids
shall be opened and shall be publicly read by
the | 1002 |
clerk
of the district, or
the clerk's designee, at the time, | 1003 |
date, and
place specified in the
advertisement to bidders or the | 1004 |
specifications. The time, date, and place of
bid openings may
be | 1005 |
extended to a later date by the board of trustees of the district, | 1006 |
provided
that written or oral notice of the change shall be given | 1007 |
to all persons who
have received or requested specifications no | 1008 |
later than ninety-six hours prior
to the original time and date | 1009 |
fixed for the opening. | 1010 |
Each bid on any contract shall contain the full name of every | 1011 |
person
interested in the bid. If the bid is for a contract for
the | 1012 |
construction,
demolition, alteration, repair, or
reconstruction of | 1013 |
an improvement, it shall
meet the requirements
of section 153.54 | 1014 |
of the Revised Code.
If the bid is for any
other contract, it | 1015 |
shall be accompanied by a sufficient
bond or
certified check, | 1016 |
cashier's check, or money order on a solvent bank
or
savings and | 1017 |
loan association that, if the bid is accepted, a
contract will be | 1018 |
entered into and the performance of it will be
properly secured. | 1019 |
If the bid
for work embraces both labor and
material, it shall be | 1020 |
separately stated, with
the price of the labor and the material. | 1021 |
The board may reject any and all bids. The contract shall
be | 1022 |
between the district and the bidder, and the district shall pay | 1023 |
the
contract price in
cash. When a bonus is offered for
completion | 1024 |
of a contract prior to a
specified date, the board may
exact a | 1025 |
prorated penalty in like sum for each
day
of delay beyond
the | 1026 |
specified date. When there is reason to believe there is
collusion | 1027 |
or combination among bidders, the bids of those
concerned
shall | 1028 |
be rejected. | 1029 |
Sec. 511.12. The board of township trustees may prepare | 1030 |
plans and specifications and make contracts for the construction | 1031 |
and erection of a memorial building, monument, statue, or | 1032 |
memorial, for the purposes specified and within the amount | 1033 |
authorized by section 511.08 of the Revised Code. If the total | 1034 |
estimated cost of the construction and erection exceeds | 1035 |
twenty-five thousand
dollars, the contract shall be let by | 1036 |
competitive
bidding. If the estimated cost is twenty-five thousand | 1037 |
dollars or less,
competitive bidding may be required at the | 1038 |
board's discretion. In
making contracts under this section, the | 1039 |
board shall be governed
as follows: | 1040 |
(B) Contracts shall be made in writing upon concurrence of
a | 1044 |
majority of the members of the board, and shall be signed by at | 1045 |
least two of the members and by the contractor. If competitive | 1046 |
bidding is required, no contract shall be made or signed until an | 1047 |
advertisement has been placed in two newspapersa newspaper, | 1048 |
published or of
general circulation in the township, for a period | 1049 |
of thirty daysat least twice. The board may
also cause notice to | 1050 |
be inserted in trade papers or other
publications designated by | 1051 |
it or to be distributed by electronic
means, including posting | 1052 |
the notice on the board's internet web
site. If the board posts | 1053 |
the notice on its web site, it may
eliminate the second notice | 1054 |
otherwise required to be published in
a newspaper published or of | 1055 |
general circulation in the township,
provided that the first | 1056 |
notice published in such newspaper meets
all of the following | 1057 |
requirements: | 1058 |
(D) When, in the opinion of the board, it becomes
necessary | 1070 |
in the prosecution of such work to make alterations or | 1071 |
modifications in any contract, the alterations or modifications | 1072 |
shall be made only by order of the board, and that order shall be | 1073 |
of no effect until the price to be paid for the work or materials | 1074 |
under the altered or modified contract has been agreed upon in | 1075 |
writing and signed by the contractor and at least two members of | 1076 |
the board. | 1077 |
Sec. 515.01. The board of township trustees may provide | 1080 |
artificial lights for any road, highway, public place, or
building | 1081 |
under its supervision or control, or for any territory
within the | 1082 |
township and outside the boundaries of any municipal
corporation, | 1083 |
when the board determines that the public safety or
welfare | 1084 |
requires that the road, highway, public place, building,
or | 1085 |
territory shall be lighted. The lighting may be procured
either by | 1086 |
the township installing a lighting system or by
contracting with | 1087 |
any person or corporation to furnish lights. | 1088 |
If the board determines to procure lighting by
contract and | 1092 |
the total estimated cost of the contract exceeds twenty-five | 1093 |
thousand dollars, the board shall prepare plans and
specifications | 1094 |
for the lighting equipment and shall, for two
weeks, advertise for | 1095 |
bids for furnishing the lighting equipment, either
by posting the | 1096 |
advertisement in three conspicuous places in the
township or by | 1097 |
publication of the advertisement once a week, for two
consecutive | 1098 |
weeks, in a newspaper of general circulation in the
township. Any | 1099 |
such contract for lighting shall be made with the
lowest and best | 1100 |
bidder. | 1101 |
The board may
also cause notice to be inserted in trade | 1102 |
papers or other
publications designated by it or to be | 1103 |
distributed by electronic
means, including posting the notice on | 1104 |
the board's internet web
site. If the board posts the notice on | 1105 |
its web site, it may
eliminate the second notice otherwise | 1106 |
required to be published in
a newspaper of general circulation in | 1107 |
the township,
provided that the first notice published in such | 1108 |
newspaper meets
all of the following requirements: | 1109 |
Sec. 731.14. All contracts made by the legislative
authority | 1123 |
of a village shall be executed in the name of the
village and | 1124 |
signed on its behalf by the mayor and clerk. Except
where the | 1125 |
contract is for equipment, services, materials, or
supplies to be | 1126 |
purchased under division (D) of section 713.23 or
section 125.04 | 1127 |
or 5513.01 of the Revised Code, available from a
qualified | 1128 |
nonprofit agency pursuant to sections 4115.31 to
4115.35 of the | 1129 |
Revised Code, or required to be purchased from a qualified | 1130 |
nonprofit agency under sections 125.60 to 125.6012 of the Revised | 1131 |
Code, when any expenditure, other than the
compensation of persons | 1132 |
employed in the village, exceeds twenty-five
thousand
dollars, | 1133 |
such contracts shall be in writing and made with the
lowest and | 1134 |
best bidder after advertising once a week for not less than two | 1135 |
nor more than four consecutive weeks in a newspaper of general | 1136 |
circulation within the village. The legislative authority may | 1137 |
also cause notice to be inserted in trade papers or other | 1138 |
publications designated by it or to be distributed by electronic | 1139 |
means, including posting the notice on the legislative authority's | 1140 |
internet web
site. If the legislative authority posts the notice | 1141 |
on its web site, it may
eliminate the second notice otherwise | 1142 |
required to be published in
a newspaper of general circulation | 1143 |
within the village,
provided that the first notice published in | 1144 |
such newspaper meets
all of the following requirements: | 1145 |
The bids shall be opened and
shall be publicly read by the | 1154 |
clerk of the village or a person
designated by the clerk at the | 1155 |
time, date, and place
specified in the
advertisement to bidders or | 1156 |
specifications. The time, date, and
place of bid openings may be | 1157 |
extended to a later date by the
legislative authority of the | 1158 |
village, provided that written or
oral notice of the change shall | 1159 |
be given to all persons who have
received or requested | 1160 |
specifications no later than ninety-six
hours prior to the | 1161 |
original time and date fixed for the opening.
This section does | 1162 |
not apply to those villages that have provided
for the appointment | 1163 |
of a village administrator under section
735.271 of the Revised | 1164 |
Code. | 1165 |
Sec. 971.07. (A) If either personowner fails to build or | 1166 |
maintain in good repair the
portion of a partition fence assigned | 1167 |
to himthe owner under section 971.04
of the Revised Code, the | 1168 |
board of township trustees, upon the
application of the aggrieved | 1169 |
personowner, shall award the contract to
the lowest responsible | 1170 |
bidder agreeing to furnish the labor and
material, and build such | 1171 |
fence according to the specifications
proposed by the board, after | 1172 |
advertising for bids once a week for
threetwo consecutive weeks | 1173 |
in a newspaper of general circulation in
the county in which the | 1174 |
township is situated. | 1175 |
The board may
also cause notice to be
inserted in trade | 1176 |
papers or other
publications designated by it
or to be | 1177 |
distributed by electronic
means, including posting the
notice on | 1178 |
the board's internet web
site. If the board posts the
notice on | 1179 |
its web site, it may
eliminate the second notice
otherwise | 1180 |
required to be published in
a newspaper of general
circulation | 1181 |
in the county,
provided that the first notice
published in such | 1182 |
newspaper meets
all of the following
requirements: | 1183 |
Sec. 3313.46. (A) In addition to any other law governing | 1199 |
the bidding for
contracts by the board of education of any school | 1200 |
district, when any such
board determines to build, repair, | 1201 |
enlarge, improve, or demolish
any school building,
the cost of | 1202 |
which will exceed twenty-five thousand dollars, except in
cases of | 1203 |
urgent necessity, or for the security and protection of
school | 1204 |
property, and except as otherwise provided in division (D)
of | 1205 |
section 713.23 and in section 125.04 of the Revised Code, all of | 1206 |
the
following shall apply: | 1207 |
(1) The board shall cause to be prepared the plans, | 1208 |
specifications, and related information as required in divisions | 1209 |
(A), (B), and (D) of section 153.01 of the Revised Code unless the | 1210 |
board
determines that other information is sufficient to inform | 1211 |
any bidders of the
board's requirements. However, if the board | 1212 |
determines that such other
information is sufficient for bidding a | 1213 |
project, the board shall not engage in
the construction of any | 1214 |
such project involving the practice of professional
engineering, | 1215 |
professional surveying, or architecture, for which plans, | 1216 |
specifications, and estimates have not been made by, and the | 1217 |
construction
thereof inspected by, a licensed professional | 1218 |
engineer, licensed professional
surveyor, or registered architect. | 1219 |
(2) The board shall advertise for bids once each week for a | 1220 |
period of
at leastnot less than two
consecutive weeks in a | 1221 |
newspaper of general circulation in the district
prior tobefore | 1222 |
the date specified by the board
for
receiving bids. The board may | 1223 |
also cause notice to be inserted in trade papers or other | 1224 |
publications designated by it or to be distributed by electronic | 1225 |
means, including posting the notice on the board's internet web | 1226 |
site. If the board posts the notice on its web site, it may | 1227 |
eliminate the second notice otherwise required to be published in | 1228 |
a newspaper of general circulation within the school district, | 1229 |
provided that the first notice published in such newspaper meets | 1230 |
all of the following requirements: | 1231 |
(6) None but the lowest responsible bid shall be accepted. | 1250 |
The board may reject all the bids, or accept any bid for both | 1251 |
labor and material for such improvement or repair, which is the | 1252 |
lowest in the aggregate. In all other respects, the award of | 1253 |
contracts for improvement or repair, but not for purchases made | 1254 |
under section 3327.08 of the Revised Code, shall be pursuant to | 1255 |
section 153.12 of the Revised Code. | 1256 |
Section 3. Section 505.10 of the Revised Code is presented | 1295 |
in
this act as a composite of the section as amended by both Sub. | 1296 |
H.B. 204 and Sub. H.B. 323 of
the 125th General Assembly. The | 1297 |
General Assembly, applying the
principle stated in division (B) of | 1298 |
section 1.52 of the Revised
Code that amendments are to be | 1299 |
harmonized if reasonably capable of
simultaneous operation, finds | 1300 |
that the composite is the resulting
version of the section in | 1301 |
effect prior to the effective date of
the section as presented in | 1302 |
this act. | 1303 |