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Am. Sub. S. B. No. 268 As Passed by the HouseAs Passed by the House (CORRECTED VERSION)
127th General Assembly | Regular Session | 2007-2008 |
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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
A BILL
To amend sections 9.48, 125.04, 307.86, 505.10,
505.37, 505.376, 511.12, 515.01, 731.14, 971.07,
and 3313.46
and to enact section 307.862
of the
Revised Code
to allow a county contracting
authority to use
competitive sealed proposals
instead of
competitive sealed bidding when doing
so would be
advantageous to the county, to modify
provisions concerning a county contracting
authority's purchase of certain insurance policies
or health care plans, to extend
the current
county and township joint purchasing authority to
other political subdivisions and exempt county
participants from competitive bidding
requirements, to authorize
boards of education
to forgo the second newspaper
publication of bid
advertisement in
lieu of an
internet web site
posting, and to
change notice requirements for
other local government purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.48, 125.04, 307.86, 505.10,
505.37, 505.376, 511.12, 515.01, 731.14, 971.07, and 3313.46 be
amended and section 307.862
of the Revised Code be enacted to
read as follows:
Sec. 9.48. (A) As used in this section, "political
subdivision" has the same meaning as in section 2744.01 of the
Revised Code and includes a county hospital as defined in section
339.01 of the Revised Code.
(B) A county or township political subdivision may do any of
the following:
(1) Permit one or more other
counties or townships political
subdivisions to participate in contracts into which it
has entered
for the acquisition of equipment, materials,
supplies, or
services, and may charge such participating
counties or townships
political subdivisions a reasonable fee to cover any additional
costs
incurred as a result of their participation;
(2) Participate in a joint purchasing program operated by or
through
a
national or state association of political subdivisions
in which the
purchasing county or township political subdivision
is eligible for membership.
(3) Participate in contract offerings from the federal
government that are available to a county or township political
subdivision including, but not limited to, contract offerings from
the general services administration.
(B)(C) Acquisition by a
county or township political
subdivision of equipment, material, supplies, or
services, through
participation in a contract of another
county or township
political subdivision or participation in an association program
under division (A)(B)(1) or (2) of this
section, is exempt from
any
competitive selection requirements otherwise required by law,
if
the contract in which it is participating was awarded pursuant
to a publicly solicited request for a proposal or a competitive
selection procedure of another political subdivision within this
state or in another state. Acquisition by a county or township
political subdivision of equipment, materials, supplies, or
services pursuant to division (A)(B)(3) of this section is exempt
from any competitive selection requirements otherwise required by
law.
No county or township political subdivision shall acquire
equipment, materials, supplies, or
services by participating in a
contract under this section if it has
received bids for such
acquisition, unless its participation
enables it to make the
acquisition upon the same terms,
conditions, and specifications at
a lower price.
(C)(D) A county or township political subdivision that is
eligible to participate in a joint purchasing program operated by
or through a national or state association of political
subdivisions in which the purchasing county or township political
subdivision is eligible for membership may purchase supplies or
services
from another party, including another political
subdivision, instead of
through participation in contracts
authorized by division (A)(B)(2) of
this section if the county or
township political subdivision can purchase those
supplies or
services from the other party upon equivalent terms,
conditions,
and specifications but at a lower price than it can
through those
contracts. Purchases that a county or township political
subdivision
makes under this division are exempt from any
competitive
selection procedures otherwise required by law. A
county or township political subdivision that makes any purchase
under this division shall
maintain sufficient information
regarding the
purchase to verify that the
county or township it
satisfied the conditions for making a
purchase under this
division. Nothing in this division restricts any action
taken by a
county or township political subdivision
as authorized by division
(A)(B)(1) of this section.
(E) The authorization granted to a municipal corporation
under this section shall be in addition to, and not in derogation
of, the powers and authority granted by state law, the Ohio
Constitution, and the provisions of a municipal charter,
ordinance, or resolution.
Sec. 125.04. (A) Except as provided in division (D) of
this
section, the department of administrative services shall
determine
what supplies and services are
purchased by or for
state
agencies. Whenever the department of
administrative
services
makes any change or
addition to the lists of supplies
and
services that it determines
to purchase for state agencies,
it
shall provide a list to the
agencies of the changes or
additions
and indicate when the
department will be prepared to
furnish each
item listed. Except for the requirements of
division (B) of
section 125.11 of the Revised Code, sections
125.04 to 125.08 and
125.09 to 125.15 of the Revised Code do not
apply to or affect the
educational institutions of the state. The department shall not
include the bureau of workers'
compensation
in the lists of
supplies, equipment, and services
purchased and
furnished by the
department.
Nothing in this division precludes the bureau from entering
into a contract with the department for the
department to perform
services relative to
supplies, equipment, and services contained
in this division for
the bureau.
(B)(1) As used in this division:
(a) "Emergency medical service organization" has the same
meaning
as in section 4765.01 of the Revised Code.
(b) "Political subdivision"
means any county, township,
municipal corporation, school
district, conservancy district,
township park district, park
district created under Chapter 1545.
of the Revised Code,
regional transit authority, regional airport
authority, regional water and
sewer district, or port authority.
"Political subdivision" also includes any
other political
subdivision described in the Revised Code that has been
approved
by the department to participate in the department's contracts
under
this division.
(c) "Private fire company" has the same meaning as in section
9.60 of the Revised Code.
(2) Subject to division (C) of this section, the
department
of administrative services may permit a
political
subdivision,
county board of elections, private fire
company, or private,
nonprofit
emergency medical service
organization
to participate
in contracts into which the
department
has entered for the
purchase of supplies and
services.
The department may charge the
entity a reasonable fee to cover the
administrative costs the
department incurs as a result of
participation by the
entity in
such a purchase contract.
A political subdivision
desiring to participate in such
purchase contracts shall file
with the department a certified copy
of an ordinance or
resolution of the
legislative authority or
governing board of the
political
subdivision. The resolution or
ordinance shall request
that the
political subdivision be
authorized to participate in
such
contracts and shall agree that
the political subdivision
will be
bound by such terms and
conditions as the department prescribes and that it will directly
pay the vendor
under each
purchase contract. A board of elections
desiring to
participate in such purchase contracts shall file
with the
purchasing authority a written request for inclusion in
the
program.
A private fire company or private, nonprofit
emergency
medical
service organization desiring to participate in
such
purchase contracts shall
file with the department a written
request for inclusion in the program signed
by
the chief officer
of the company or organization. A request
for inclusion shall
include an agreement to be bound by such terms
and conditions as
the
department prescribes
and to make direct payments to the
vendor under each
purchase
contract.
The department shall include in its
annual report an
estimate of the cost it incurs by permitting
political
subdivisions, county boards of elections, private fire
companies,
and private, nonprofit
emergency medical service
organizations
to
participate in contracts pursuant to this
division. The department
may require such
entities
to file a
report with the department,
as often as it finds necessary,
stating how many such
contracts
the entities participated in within a
specified period
of
time,
and any other
information the department requires.
(3) Purchases made by a political subdivision or a county
board of elections under this division
are exempt from any
competitive selection procedures otherwise required by
law. No
political subdivision shall make any purchase under this division
when bids have been received for such purchase by the subdivision,
unless such
purchase can be made upon the same terms, conditions,
and specifications at a
lower price under this division.
(C) A political subdivision as defined in division (B) of
this
section or a county board of elections may purchase supplies
or services
from another party, including a political
subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political
subdivision or county board of elections can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision or
county board of elections
makes under this division are exempt
from any competitive
selection procedures otherwise required by
law. A political
subdivision or county board of elections that
makes any purchase under this division shall
maintain sufficient
information regarding the
purchase to verify that the
political
subdivision or county board of elections satisfied the conditions
for making a
purchase under this division. Nothing in this
division restricts any action
taken by a county or township
as
authorized by division (A)(B)(1) of section 9.48 of the Revised
Code.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, the capitol
square review and advisory board, the
adjutant general, to
supplies or services purchased by a state
agency directly as
provided in division (A) or (E) of section
125.05 of
the Revised
Code, to purchases of supplies or services
for the emergency
management agency as provided in section 125.023
of the Revised
Code, or to
purchases of supplies or services for
the
department
of rehabilitation and correction in its operation
of
the program
for the employment of prisoners established under
section 5145.16
of the Revised Code that shall be made pursuant
to
rules adopted
by the director of administrative services and
the
director of
rehabilitation and correction in accordance with
Chapter 119. of
the Revised Code. The rules may provide for the
exemption of the
program for the employment of prisoners from the
requirements of
division (A) of this section.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,
307.861,
339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16,
5513.01,
5543.19, 5713.01,
and
6137.05 of the Revised Code, shall
be
obtained through
competitive bidding. However, competitive
bidding
is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of
its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority
shall maintain the record for the longer
of at least one
year
after
the contract is awarded or the amount of time the
federal
government
requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information
technology, such as programming services, that are proprietary or
limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) The purchase is made by a county department of job and
family services under section 329.04 of the Revised Code and
consists of family services duties or workforce development
activities
or is made by a county board of mental retardation and
developmental disabilities under section 5126.05 of the Revised
Code and consists of program services, such as direct and
ancillary client services,
child care, case management
services,
residential services,
and family resource services.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans, or services that the
contracting
authority is authorized
to purchase, and the
contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices;
(3) Requests issuers of
the policies, contracts, or
plans, or
services
to
submit proposals to the contracting authority, in a
form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans, or
services as the
contracting authority desires to purchase;
(4)(3) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans, or services at the
best and
lowest price
reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child care services are purchased for provision to
county
employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals
for leasing the property, specifying the criteria that
will be
considered prior to leasing the property, including the
desired
size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective
lessors to obtain a lease at the best and lowest
price
reasonably
possible considering the fair market value of
the
property and any
relocation and operational costs that may be
incurred
during the
period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency
pursuant to
section 307.92 or 5153.16 of the Revised Code
and
consists of
family services,
programs, or ancillary services
that
provide case management, prevention, or
treatment services
for
children at risk of being or alleged to be abused,
neglected,
or
dependent children.
(L) The purchase is to obtain the services of emergency
medical service organizations under a contract made by the board
of county commissioners pursuant to section 307.05 of the Revised
Code with a joint emergency medical services district.
(M) The county contracting authority determines that the use
of competitive sealed proposals would be advantageous to the
county and the contracting authority complies with section 307.862
of the Revised Code.
Any issuer of policies, contracts, or plans, or services
listed in
division (F) of this section and any prospective lessor
under
division (I) of
this section may have the issuer's or
prospective
lessor's
name and address, or the name and address
of
an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate negotiate with issuers in accordance with that
division at
least
every three years from the date of the signing
of such a
contract, unless the parties agree upon terms for
extensions or renewals of the contract. Such extension or renewal
periods shall not exceed six years from the date the initial
contract is signed.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 307.862. (A) When a county contracting authority uses
competitive sealed proposals pursuant to section 307.86 of the
Revised Code, the county contracting authority shall do all of the
following:
(1) Develop factors and criteria to evaluate each proposal,
specify the relative importance of each factor or criterion in
writing, and describe the evaluation procedures the contracting
authority shall follow when awarding a contract to an offeror.
(2) Solicit competitive sealed proposals through a request
for proposals;
(3) Include, at a minimum, all of the information described
in division (B) of this section in the request for proposals;
(4) Give notice
of the request for proposals in the same
manner that notice must be given for competitive bidding pursuant
to section 307.87 of the Revised Code;
(5) Open proposals that the contracting authority receives in
a manner that prevents the disclosure of contents of competing
offers to competing offerors;
(6) Rank each proposal using the factors and criteria the
contracting authority develops pursuant to division (A)(1) of this
section;
(7) If necessary, conduct discussions with offerors for the
purpose of ensuring full understanding of, and responsiveness to,
the requirements specified in the request for proposals, and
accord fair and equal treatment with respect to any opportunity
for discussion with offerors to provide any clarification,
correction, or revision of proposals;
(8) If the contracting authority determines that discussions
described in division (A)(7) of this section are necessary, avoid
disclosing any information derived from proposals submitted by
competing offerors during those discussions;
(9) Negotiate with the offeror who submits the proposal that
the contracting authority determines is the most advantageous to
the county based on the rankings performed by the contracting
authority pursuant to division (A)(6) of this section and
including any adjustment to those rankings based on discussions
conducted pursuant to division (A)(7) of this section;
(10) Conduct negotiations with only one offeror at a time;
(11) Except as provided in division (F) of this section,
award a contract in accordance with division (E) of this section.
(B)
A contracting authority shall include, at a minimum, all
of the following information in the contracting authority's
request for proposals:
(1) The name and address of the department, office,
institution, board, or commission that is requesting to purchase
supplies, services, or both;
(2) Instructions for offerors to follow when submitting
proposals;
(3) Instructions governing communications between an offeror
and the contracting authority, including, but not limited to, the
name, title, and telephone number of the person to whom questions
concerning the request for proposals should be directed;
(4) A description of the scope of work that the contracting
authority requests an offeror to perform or supplies the
contracting authority plans to purchase;
(5) To the extent possible, a description of the performance
criteria the contracting authority shall require an offeror to
satisfy, including but not limited to, the quantity of the
supplies, services, or both, to be purchased; the requirements the
contracting authority shall follow for inspection and acceptance
of the supplies, services, or both; and the delivery schedule for
each such supply or service;
(6) The factors and criteria the contracting authority shall
consider in evaluating proposals received;
(7) Any terms and conditions that the contracting authority
is required by law to include in the contract the contracting
authority awards, including any requirement for a bond and the
amount required for that bond;
(8) The date and time by which, and the place to which an
offeror must deliver the offeror's proposal to the contracting
authority in order to be considered for the contract;
(9) A list of any documents that the contracting authority
incorporates by reference in the request for proposals, provided
that the contracting authority specifies in the request for
proposals that the documents are readily available to all offerors
and the location where an offeror may obtain those documents;
(10) A statement that includes all of the following
information:
(a) That the contracting authority reserves the right to
reject any proposal in which the offeror takes exception to the
terms and conditions of the request for proposals; fails to meet
the terms and conditions of the request for proposals, including
but not limited to, the standards, specifications, and
requirements specified in the request for proposals; or submits
prices that the contracting authority considers to be excessive,
compared to existing market conditions, or determines exceed the
available funds of the contracting authority;
(b) That the contracting authority reserves the right to
reject, in whole or in part, any proposal that the county
contracting authority has determined, using the factors and
criteria the contracting authority develops pursuant to division
(A)(1) of this section, would not be in the best interest of the
county;
(c) That the contracting authority may conduct discussions
with offerors who submit proposals for the purpose of
clarifications or corrections regarding a proposal to ensure full
understanding of, and responsiveness to, the requirements
specified in the request for proposals.
(11) Information concerning any potential partial or multiple
party awards that the contracting authority may include in the
contract, and a description of the supplies, services, or both
that may be subject to a partial award or multiple awards;
(12) Any additional information the contracting authority
considers necessary for its purposes in determining to whom to
award the contract.
(C) In order to ensure fair and impartial evaluation,
proposals and any documents or other records related to a
subsequent negotiation for a final contract that would otherwise
be available for
public inspection and copying
under section
149.43 of the Revised
Code shall not be available until after the
award of
the contract.
(D) An offeror may withdraw the offeror's proposal at any
time prior to the award of a contract. A contracting authority may
terminate negotiations with an offeror at any time during the
negotiation process if the offeror fails to provide the necessary
information for negotiations in a timely manner or fails to
negotiate in good faith. If the contracting authority terminates
negotiations with an offeror, the contracting authority shall
negotiate with the offeror whose proposal is ranked the next most
advantageous to the county according to the factors and criteria
developed pursuant to division (A)(1) of this section.
(E) A county contracting authority may award a contract
to
the offeror whose proposal is determined to be the most
advantageous to the county, taking into consideration the
evaluation factors and criteria developed pursuant to division
(A)(1) of this section and set forth in the request for proposals.
A contracting authority may award a contract in whole or in part
to one or more offerors. The contracting authority shall include a
written statement in the contract file stating the basis on which
the award is made.
The contracting authority shall send a written notice to the
offeror to whom it wishes to award the contract and shall make
that notice available to the public. Within a reasonable time
period after the award is made, the contracting authority shall
notify all other offerors that the contract has been awarded to
another offeror.
(F) A contracting authority may cancel or reissue a request
for proposals if any of the following apply:
(1) The supplies or services offered through all of the
proposals submitted to the contracting authority are not in
compliance with the requirements, specifications, and terms and
conditions set forth in the request for proposals;
(2) The prices submitted by the offerors are excessive
compared to existing market conditions or exceed the available
funds of the contracting authority;
(3) The contracting authority determines that award of a
contract would not be in the best interest of the county.
(G) A county contracting authority shall not use competitive
sealed proposals for contracts for construction, design,
demolition,
alteration, repair, or reconstruction of a building,
highway,
drainage system, water system, road, street, alley,
sewer, ditch,
sewage disposal plant, waterworks, and all other
structures or
works of any nature by a county contracting
authority.
Sec. 505.10. (A) The board of township trustees may accept,
on
behalf of the township, the donation by bequest, devise, deed
of
gift, or otherwise, of any
real or personal
property
for any
township use. When the township has property, including
motor
vehicles, road machinery, equipment, and tools, which the
board,
by resolution, finds is not needed
for public use,
is
obsolete, or
is unfit for the use for which
it was
acquired,
the board may sell
and
convey
that property
or
otherwise
dispose
of it in accordance
with this section. Except
as
otherwise
provided
in
sections
505.08, 505.101, and
505.102 of the
Revised Code,
the sale
or
other disposition of
unneeded, obsolete,
or unfit-for-use
property
shall
be
made in accordance
with one of the
following:
(1) If the fair market value of
property to be sold
is,
in
the opinion of the board, in excess of two thousand five
hundred
dollars, the
sale shall be by public auction or by sealed bid to
the highest bidder. The
board
shall publish notice of the time,
place, and
manner of the
sale
once a week for three two weeks in a
newspaper
published, or of
general circulation, in the township,
the
last
of
those
publications to be at least five days
before
the
date of
sale, and
shall post a typewritten or printed
notice
of
the time,
place, and
manner of the sale in the office of
the
board
for at least ten
days
prior to the sale. The board may
also cause
notice to be inserted in trade papers or other
publications
designated by it or to be distributed by electronic
means,
including posting the notice on the board's internet web
site. If
the board posts the notice on its web site, it may
eliminate the
second notice otherwise required to be published in
a newspaper
published or of general circulation in the township,
provided
that the first notice published in such newspaper meets
all of
the following requirements:
(a) It is published at least two weeks before the sale of the
property.
(b) It includes a statement that the notice is posted on the
board's internet web site.
(c) It includes the internet address of the board's internet
web site.
(d) It includes instructions describing how the notice may be
accessed on the board's internet web site.
If the board conducts the sale of the property by sealed bid,
the form of the bid shall be as prescribed by the board, and each
bid shall contain the name of the person submitting it. Bids
received shall be opened and tabulated at the time stated in the
published and posted notices. The property shall be sold to the
highest bidder, except that the board may reject all bids and hold
another sale, by public auction or sealed bid, in the manner
prescribed by this section.
(2) If the fair market value of
property to be sold is,
in
the opinion of the board, two thousand five hundred dollars or
less, the
board may do either of the following:
(a) Sell the property by private sale, without
advertisement
or public
notification;
(b) Donate the property to an eligible nonprofit
organization
that is located in this state and is exempt from federal income
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating
any property under this
division, the board shall adopt a
resolution expressing its intent
to make unneeded, obsolete, or
unfit-for-use township property
available to these organizations.
The resolution shall include
guidelines and procedures the board
considers to be necessary to
implement the donation program and
shall indicate whether the
township will conduct the donation
program or the board will
contract with a representative to
conduct it. If a representative
is known when the resolution is
adopted, the resolution shall
provide contact information such as
the representative's name,
address, and telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of
the organization's primary purpose; a
description of the type or
types of property the organization
needs; and the name, address,
and telephone number of a person
designated by the organization's
governing board to receive
donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the township, notice of its
intent to donate unneeded, obsolete, or unfit-for-use township
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published at least twice. The second and any
subsequent notice shall be published not less than ten nor more
than twenty days after the previous notice. A similar notice also
shall be posted continually in the board's office, and, if the
township maintains a web site on the internet, the notice shall be
posted continually at that web site. The board may
also cause
notice to be inserted in trade papers or other
publications
designated by it or to be distributed by electronic
means,
including posting the notice on the board's internet web
site. If
the board posts the notice on its web site, it may
eliminate the
second notice otherwise required to be published in
a newspaper
of general circulation in the township,
provided that the first
notice published in such newspaper meets
all of the following
requirements:
(i) It is published at least two weeks before the donation of
the property.
(ii) It includes a statement that the notice is posted on the
board's internet web site.
(iii) It includes the internet address of the board's internet
web site.
(iv) It includes instructions describing how the notice may be
accessed on the board's internet web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in
the donation program's guidelines and
procedures, to receive
donated property.
The board or its representative also shall maintain a list of
all township property the board finds to be unneeded, obsolete, or
unfit for use and to be available for donation under this
division. The list shall be posted continually in a conspicuous
location in the board's office, and, if the township maintains a
web site on the internet, the list shall be posted continually at
that web site. An item of property on the list shall be donated
to
the eligible nonprofit organization that first declares to the
board or its representative its desire to obtain the item unless
the board previously has established, by resolution, a list of
eligible nonprofit organizations that shall be given priority with
respect to the item's donation. Priority may be given on the
basis
that the purposes of a nonprofit organization have a direct
relationship to specific public purposes of programs provided or
administered by the board. A resolution giving priority to
certain
nonprofit organizations with respect to the donation of an
item of
property shall specify the reasons why the organizations
are given
that priority.
(3) If the board finds, by resolution, that the
township has
motor vehicles, road machinery, equipment, or tools
which are not
needed or
are unfit for public use, and the
board wishes
to sell
the motor vehicles, road machinery,
equipment, or tools
to the
person or firm from which it proposes
to purchase other
motor
vehicles, road machinery, equipment, or
tools, the board
may offer
to sell the motor vehicles, road
machinery, equipment,
or tools to
that person or firm, and to
have
the selling price
credited to
the
person or firm against
the purchase price of
other motor
vehicles,
road machinery,
equipment, or tools.
(4) If the board advertises for bids for the sale of
new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the
willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools
which are obsolete or not needed for public use, and to
have the
amount of
those bids subtracted from the selling
price of
the new
motor vehicles, road machinery, equipment, or
tools, as a
means of
determining the lowest responsible bidder.
(5) When a township has title to real property, the board of
township
trustees, by resolution,
may authorize the
transfer and
conveyance of
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
the board and
the legislative authority of
that political subdivision.
(6)
When a township has title to real property and the board
of township trustees wishes to sell or otherwise transfer the
property, the board, upon a unanimous vote of its members and by
resolution, may authorize the transfer and conveyance of that real
property to any person upon whatever terms are agreed to between
the board and that person.
(7) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property.
(B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the
board, by
resolution, may enter into a contract, without
advertising or bidding, for the
sale of that property. The
resolution shall specify a minimum acceptable
price and the
minimum acceptable terms for the contract. The minimum
acceptable
price shall not be lower than the minimum price established for
the
public auction.
(C) Members of the board shall consult with the Ohio ethics
commission and comply with the provisions of Chapters 102. and
2921. of the Revised Code, with respect to any sale or donation
under division (A)(2) of this section to a nonprofit organization
of which a township trustee, any member of the township trustee's
family, or any business associate of the township trustee is a
trustee, officer, board member, or employee.
(D) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board may sell personal property,
including
motor vehicles, road
machinery, equipment, tools, or
supplies,
which is not needed for
public use, is obsolete, or is
unfit for
the use for which it was
acquired, by internet auction.
The board
shall adopt, during each
calendar year, a resolution
expressing
its intent to sell that
property by internet auction.
The
resolution shall include a
description of how the auctions
will be
conducted and shall
specify the number of days for bidding
on the
property, which
shall be no less than fifteen days,
including
Saturdays, Sundays,
and legal holidays. The resolution
shall
indicate whether the
township will conduct the auction or
the
board will contract with
a representative to conduct the
auction
and shall establish the
general terms and
conditions of
sale. If
a representative is known
when
the resolution is
adopted, the
resolution shall provide
contact
information such as
the
representative's name, address,
and telephone
number.
After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit-for-use township
personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A similar
notice also shall be posted
continually throughout the calendar year in a conspicuous place in
the
board's office, and, if the township maintains a web site on
the
internet, the notice shall be posted continually throughout
the
calendar year at that web site. The board may
also cause
notice to be inserted in trade papers or other
publications
designated by it or to be distributed by electronic
means,
including posting the notice on the board's internet web
site. If
the board posts the notice on its web site, it may
eliminate the
second notice otherwise required to be published in
a newspaper
of general circulation in the township,
provided that the first
notice published in such newspaper meets
all of the following
requirements:
(1) It is published at least two weeks before the internet
auction begins.
(2) It includes a statement that the notice is posted on the
board's internet web site.
(3) It includes the internet address of the board's internet
web site.
(4) It includes instructions describing how the notice may be
accessed on the board's internet web site.
When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney or, if the township has
adopted
limited home rule government under
Chapter 504.
of the
Revised Code, with the
approval of the
specifications by
the
township's law director, purchase, lease, lease with an option to
purchase, or otherwise
provide any
fire
apparatus, mechanical
resuscitators, or other
equipment,
appliances, materials, fire
hydrants, and water supply
for
fire-fighting purposes that seems
advisable to the board.
The
board shall provide for the care and
maintenance of fire
equipment, and, for these purposes, may
purchase, lease, lease with an option to purchase, or
construct
and maintain necessary buildings, and it may establish
and
maintain lines of fire-alarm communications within the limits
of
the township. The board may employ one or more persons to
maintain
and operate fire-fighting equipment, or it may enter
into
an
agreement with a volunteer fire company for the use and
operation
of fire-fighting equipment. The board may compensate
the members
of a volunteer fire company on any basis and in any
amount that it
considers equitable.
When the estimated cost to purchase fire apparatus,
mechanical resuscitators, other equipment, appliances, materials,
fire hydrants, buildings, or fire-alarm communications equipment
or services exceeds fifty thousand dollars, the contract shall be
let by competitive bidding. When competitive bidding is required,
the board shall advertise once a week for not less than two nor
more than four
consecutive weeks in a newspaper of general
circulation within the
township. The board may
also cause
notice to be inserted in trade papers or other
publications
designated by it or to be distributed by electronic
means,
including posting the notice on the board's internet web
site. If
the board posts the notice on its web site, it may
eliminate the
second notice otherwise required to be published in
a newspaper
of general circulation within the township,
provided that the
first notice published in such newspaper meets
all of the
following requirements:
(1) It is published at least two weeks before the opening of
bids.
(2) It includes a statement that the notice is posted on the
board's internet web site.
(3) It includes the internet address of the board's internet
web site.
(4) It includes instructions describing how the notice may be
accessed on the board's internet web site.
The advertisement shall include the time, date, and
place
where the clerk of the township, or the clerk's designee,
will
read bids publicly. The time, date, and place of bid openings
may
be extended to a later date by the board of township trustees,
provided that written or oral notice of the change shall be given
to all persons who have received or requested specifications not
later than ninety-six hours prior to the original time and date
fixed for the opening. The board may reject all the bids or accept
the lowest and best bid, provided that the successful bidder meets
the requirements of section 153.54 of the Revised Code when the
contract is for the construction, demolition, alteration, repair,
or reconstruction of an improvement.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination of these, may, through
joint action, unite in the joint purchase, lease, lease with an
option to purchase, maintenance, use, and
operation of
fire-fighting equipment, or for any other purpose
designated in
sections 505.37 to 505.42 of the Revised Code, and
may prorate the
expense of the joint action on any terms that are
mutually agreed
upon.
(C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township
that it considers necessary. The board may purchase, lease, lease
with an option to purchase, or
otherwise
provide any fire
apparatus, appliances, materials, fire
hydrants,
and water supply
for fire-fighting purposes, or may
contract for
the fire
protection for the fire district as
provided in section
9.60 of
the Revised Code. The fire district
so created shall be
given a
separate name by which it shall be
known.
Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution
authorizing the addition. A municipal corporation
that is within
or adjoining the township may be added to a fire
district upon the
board's adoption of a resolution authorizing
the addition and the
municipal legislative authority's adoption
of a resolution or
ordinance requesting the addition of the
municipal corporation to
the fire district.
If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred:
(1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district;
(2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional
territory;
(3) Approval of the tax by the electors of the territory
proposed for addition to the district.
Each resolution of the board adopted under division (C)(2)
of
this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district.
The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in
accordance with section 5705.19 of the Revised Code. The
election
required under division (C)(3) of this section shall be
held,
canvassed, and certified in the manner provided for the
submission
of tax levies under section 5705.25 of the Revised
Code, except
that the question appearing on the ballot shall
read:
"Shall the territory within ........................
(description of the proposed territory to be added) be added to
........................ (name) fire district, and a property tax
at a rate of taxation not exceeding ......
(here insert tax rate)
be in effect for .......... (here insert
the number of years the
tax is to be in effect or
"a continuing
period of time," as
applicable)?"
If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the
territory that has been added is a municipal corporation and
if it
had adopted a tax levy for fire purposes, the levy is
terminated
on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or
ordinance ordering withdrawal. On the first day of July of
the
year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of the district, and the power of the fire
district to levy
a
tax upon taxable property in the withdrawing municipal
corporation
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section,
the county auditor shall ascertain, apportion, and order
a
division of the funds on hand, moneys and taxes in the process
of
collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district.
A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption
of a resolution authorizing the removal. On the first
day of July
of the year following the adoption of the
resolution, the
unincorporated township territory described in
the resolution
ceases to be a part of the district,
and the power
of the fire
district to levy a tax upon taxable property in that
territory
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
(D) The board of township trustees of any township, the
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code, or the legislative authority
of any
municipal corporation may purchase, lease, or lease with an option
to purchase the necessary
fire-fighting equipment, buildings, and
sites for the township,
fire district, or municipal corporation
and issue securities for
that purpose
with maximum
maturities as
provided in section 133.20
of the Revised
Code. The board of
township trustees, board of
fire district trustees, or legislative
authority may also
construct any buildings necessary to house
fire-fighting
equipment
and
issue securities for that purpose with
maximum maturities as
provided in
section 133.20 of the Revised
Code.
The board of
township trustees, board of fire district
trustees,
or legislative
authority may issue the securities of the
township,
fire district,
or municipal corporation, signed by the
board or
designated
officer of the municipal corporation and
attested by
the signature
of the township fiscal officer, fire
district clerk, or municipal clerk,
covering any
deferred payments
and payable at the times
provided, which
securities shall bear
interest not to
exceed the rate
determined
as provided in section
9.95 of the Revised Code, and
shall not be
subject to Chapter 133.
of the Revised Code. The
legislation
authorizing the issuance of
the securities
shall provide
for
levying and collecting annually
by taxation, amounts
sufficient to
pay the interest on and
principal of the securities. The
securities shall be
offered for
sale on the open
market or given
to the vendor or contractor if no
sale is made.
Section 505.40 of the Revised Code does not apply to any
securities issued, or any lease with an option to purchase entered
into, in accordance with this division.
(E) A board of township trustees of any township or a
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code may purchase a policy or
policies of
liability insurance for the officers, employees, and
appointees of
the fire department, fire district, or joint fire
district
governed by the board that includes personal injury
liability
coverage as to the civil liability of those
officers,
employees,
and appointees for false arrest, detention, or
imprisonment,
malicious prosecution, libel, slander, defamation
or other
violation of the right of privacy, wrongful entry or
eviction, or
other invasion of the right of private occupancy,
arising out of
the performance of their duties.
When a board of township trustees cannot, by deed of gift
or
by purchase and upon terms it considers reasonable, procure
land
for a township fire station that is needed in order to
respond in
reasonable time to a fire or medical emergency, the
board may
appropriate land for that purpose under sections
163.01 to 163.22
of the Revised Code. If it is necessary to
acquire additional
adjacent land for enlarging or improving the
fire station, the
board may purchase, appropriate, or accept a
deed of gift for the
land for these purposes.
(F) As used in this division,
"emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.
A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio
medical transportation
board
license any emergency medical service organization
it
operates.
If the board
adopts such a resolution, Chapter 4766.
of
the
Revised Code,
except for
sections 4766.06 and 4766.99 of
the
Revised Code,
applies to the organization.
All rules adopted
under the
applicable sections of that chapter also apply
to the
organization. A board of township
trustees, by adoption of an
appropriate resolution, may remove
its emergency medical service
organization from the jurisdiction
of the Ohio
medical
transportation board.
Sec. 505.376. When any expenditure of a fire and ambulance
district,
other than for the compensation of district employees,
exceeds fifty thousand
dollars, the contract for the
expenditure
shall be in writing and made with
the lowest and best
bidder after
advertising once a week for not less than two nor more than four
consecutive
weeks in a newspaper of general circulation within the
district.
The board of trustees of a fire and ambulance
district
may
also cause notice to be inserted in trade papers or
other
publications designated by it or to be distributed by
electronic
means, including posting the notice on the board's
internet web
site. If the board posts the notice on its web site,
it may
eliminate the second notice otherwise required to be
published in
a newspaper of general circulation within the
district,
provided
that the first notice published in such
newspaper meets
all of
the following requirements:
(A) It is published at least two weeks before the opening of
bids.
(B) It includes a statement that the notice is posted on the
board's internet web site.
(C) It includes the internet address of the board's internet
web site.
(D) It includes instructions describing how the notice may be
accessed on the board's internet web site.
The bids
shall be opened and shall be publicly read by
the
clerk
of the district, or
the clerk's designee, at the time,
date, and
place specified in the
advertisement to bidders or the
specifications. The time, date, and place of
bid openings may
be
extended to a later date by the board of trustees of the district,
provided
that written or oral notice of the change shall be given
to all persons who
have received or requested specifications no
later than ninety-six hours prior
to the original time and date
fixed for the opening.
Each bid on any contract shall contain the full name of every
person
interested in the bid. If the bid is for a contract for
the
construction,
demolition, alteration, repair, or
reconstruction of
an improvement, it shall
meet the requirements
of section 153.54
of the Revised Code.
If the bid is for any
other contract, it
shall be accompanied by a sufficient
bond or
certified check,
cashier's check, or money order on a solvent bank
or
savings and
loan association that, if the bid is accepted, a
contract will be
entered into and the performance of it will be
properly secured.
If the bid
for work embraces both labor and
material, it shall be
separately stated, with
the price of the labor and the material.
The board may reject any and all bids. The contract shall
be
between the district and the bidder, and the district shall pay
the
contract price in
cash. When a bonus is offered for
completion
of a contract prior to a
specified date, the board may
exact a
prorated penalty in like sum for each
day
of delay beyond
the
specified date. When there is reason to believe there is
collusion
or combination among bidders, the bids of those
concerned
shall
be rejected.
Sec. 511.12. The board of township trustees may prepare
plans and specifications and make contracts for the construction
and erection of a memorial building, monument, statue, or
memorial, for the purposes specified and within the amount
authorized by section 511.08 of the Revised Code. If the total
estimated cost of the construction and erection exceeds
twenty-five thousand
dollars, the contract shall be let by
competitive
bidding. If the estimated cost is twenty-five thousand
dollars or less,
competitive bidding may be required at the
board's discretion. In
making contracts under this section, the
board shall be governed
as follows:
(A) Contracts for construction when competitive bidding is
required shall be based upon detailed plans, specifications,
forms
of bids, and estimates of cost, adopted by the board.
(B) Contracts shall be made in writing upon concurrence of
a
majority of the members of the board, and shall be signed by at
least two of the members and by the contractor. If competitive
bidding is required, no contract shall be made or signed until an
advertisement has been placed in two newspapers a newspaper,
published or of
general circulation in the township, for a period
of thirty days at least twice. The board may
also cause notice to
be inserted in trade papers or other
publications designated by
it or to be distributed by electronic
means, including posting
the notice on the board's internet web
site. If the board posts
the notice on its web site, it may
eliminate the second notice
otherwise required to be published in
a newspaper published or of
general circulation in the township,
provided that the first
notice published in such newspaper meets
all of the following
requirements:
(1) It is published at least two weeks before the
opening of
bids.
(2) It includes a statement that the notice is posted on the
board's internet web site.
(3) It includes the internet address of the board's internet
web site.
(4) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(C) No contract shall be let by competitive bidding except
to
the lowest and best bidder, who shall meet the requirements of
section 153.54 of the Revised Code.
(D) When, in the opinion of the board, it becomes
necessary
in the prosecution of such work to make alterations or
modifications in any contract, the alterations or modifications
shall be made only by order of the board, and that order shall be
of no effect until the price to be paid for the work or materials
under the altered or modified contract has been agreed upon in
writing and signed by the contractor and at least two members of
the board.
(E) No contract or alteration or modification of it
shall be
valid unless made in the manner provided in this
section.
Sec. 515.01. The board of township trustees may provide
artificial lights for any road, highway, public place, or
building
under its supervision or control, or for any territory
within the
township and outside the boundaries of any municipal
corporation,
when the board determines that the public safety or
welfare
requires that the road, highway, public place, building,
or
territory shall be lighted. The lighting may be procured
either by
the township installing a lighting system or by
contracting with
any person or corporation to furnish lights.
If lights are furnished under contract, the contract may
provide that the equipment employed may be owned by the township
or by the person or corporation supplying the lights.
If the board determines to procure lighting by
contract and
the total estimated cost of the contract exceeds twenty-five
thousand dollars, the board shall prepare plans and
specifications
for the lighting equipment and shall, for two
weeks, advertise for
bids for furnishing the lighting equipment, either
by posting the
advertisement in three conspicuous places in the
township or by
publication of the advertisement once a week, for two
consecutive
weeks, in a newspaper of general circulation in the
township. Any
such contract for lighting shall be made with the
lowest and best
bidder.
The board may
also cause notice to be inserted in trade
papers or other
publications designated by it or to be
distributed by electronic
means, including posting the notice on
the board's internet web
site. If the board posts the notice on
its web site, it may
eliminate the second notice otherwise
required to be published in
a newspaper of general circulation in
the township,
provided that the first notice published in such
newspaper meets
all of the following requirements:
(A) It is published at least two weeks before the opening of
bids.
(B) It includes a statement that the notice is posted on the
board's internet web site.
(C) It includes the internet address of the board's internet
web site.
(D) It includes instructions describing how the notice may be
accessed on the board's internet web site.
No lighting contract awarded by the board shall be made to
cover a period of more than twenty years. The cost of installing
and operating any lighting system or any light furnished under
contract shall be paid from the general fund of the township
treasury.
Sec. 731.14. All contracts made by the legislative
authority
of a village shall be executed in the name of the
village and
signed on its behalf by the mayor and clerk. Except
where the
contract is for equipment, services, materials, or
supplies to be
purchased under division (D) of section 713.23 or
section 125.04
or 5513.01 of the Revised Code, available from a
qualified
nonprofit agency pursuant to sections 4115.31 to
4115.35 of the
Revised Code, or required to be purchased from a qualified
nonprofit agency under sections 125.60 to 125.6012 of the Revised
Code, when any expenditure, other than the
compensation of persons
employed in the village, exceeds twenty-five
thousand
dollars,
such contracts shall be in writing and made with the
lowest and
best bidder after advertising once a week for not less than two
nor more than four consecutive weeks in a newspaper of general
circulation within the village. The legislative authority may
also cause notice to be inserted in trade papers or other
publications designated by it or to be distributed by electronic
means, including posting the notice on the legislative authority's
internet web
site. If the legislative authority posts the notice
on its web site, it may
eliminate the second notice otherwise
required to be published in
a newspaper of general circulation
within the village,
provided that the first notice published in
such newspaper meets
all of the following requirements:
(A) It is published at least two weeks before the opening of
bids.
(B) It includes a statement that the notice is posted on the
legislative authority's internet web site.
(C) It includes the internet address of the legislative
authority's internet
web site.
(D) It includes instructions describing how the notice may be
accessed on the legislative authority's internet web site.
The bids shall be opened and
shall be publicly read by the
clerk of the village or a person
designated by the clerk at the
time, date, and place
specified in the
advertisement to bidders or
specifications. The time, date, and
place of bid openings may be
extended to a later date by the
legislative authority of the
village, provided that written or
oral notice of the change shall
be given to all persons who have
received or requested
specifications no later than ninety-six
hours prior to the
original time and date fixed for the opening.
This section does
not apply to those villages that have provided
for the appointment
of a village administrator under section
735.271 of the Revised
Code.
Sec. 971.07. (A) If either person owner fails to build or
maintain in good repair the
portion of a partition fence assigned
to him the owner under section 971.04
of the Revised Code, the
board of township trustees, upon the
application of the aggrieved
person owner, shall award the contract to
the lowest responsible
bidder agreeing to furnish the labor and
material, and build such
fence according to the specifications
proposed by the board, after
advertising for bids once a week for
three two consecutive weeks
in a newspaper of general circulation in
the county in which the
township is situated.
The board may
also cause notice to be
inserted in trade
papers or other
publications designated by it
or to be
distributed by electronic
means, including posting the
notice on
the board's internet web
site. If the board posts the
notice on
its web site, it may
eliminate the second notice
otherwise
required to be published in
a newspaper of general
circulation
in the county,
provided that the first notice
published in such
newspaper meets
all of the following
requirements:
(1) It is published at least two weeks before the opening of
bids.
(2) It includes a statement that the notice is posted on the
board's internet web site.
(3) It includes the internet address of the board's internet
web site.
(4) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(B) If no bids are received from responsible bidders as
provided in this section, the trustees shall procure labor and
materials at prevailing rates and cause such fence to be
constructed.
(C) No person shall obstruct or interfere with anyone
lawfully engaged in construction of a partition fence or in the
performance of any other act described in this section.
Sec. 3313.46. (A) In addition to any other law governing
the bidding for
contracts by the board of education of any school
district, when any such
board determines to build, repair,
enlarge, improve, or demolish
any school building,
the cost of
which will exceed twenty-five thousand dollars, except in
cases of
urgent necessity, or for the security and protection of
school
property, and except as otherwise provided in division (D)
of
section 713.23 and in section 125.04 of the Revised Code, all of
the
following shall apply:
(1) The board shall cause to be prepared the plans,
specifications, and related information as required in divisions
(A), (B), and (D) of section 153.01 of the Revised Code unless the
board
determines that other information is sufficient to inform
any bidders of the
board's requirements. However, if the board
determines that such other
information is sufficient for bidding a
project, the board shall not engage in
the construction of any
such project involving the practice of professional
engineering,
professional surveying, or architecture, for which plans,
specifications, and estimates have not been made by, and the
construction
thereof inspected by, a licensed professional
engineer, licensed professional
surveyor, or registered architect.
(2) The board shall advertise for bids once each week for a
period of
at least not less than two
consecutive weeks in a
newspaper of general circulation in the district
prior to before
the date specified by the board
for
receiving bids. The board may
also cause notice to be inserted in trade papers or other
publications designated by it or to be distributed by electronic
means, including posting the notice on the board's internet web
site. If the board posts the notice on its web site, it may
eliminate the second notice otherwise required to be published in
a newspaper of general circulation within the school district,
provided that the first notice published in such newspaper meets
all of the following requirements:
(a) It is published at least two weeks before the opening of
bids.
(b) It includes a statement that the notice is posted on the
board of education's internet web site.
(c) It includes the internet address of the board's internet
web site.
(d) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(3) Unless the board extends the time for the opening of
bids
they shall be opened at the time and place specified by the board
in the
advertisement for the bids.
(4) Each bid shall contain the name of every person
interested therein. Each bid shall meet the requirements of
section 153.54
of the Revised Code.
(5) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof, or may require that bids be
submitted without such separation.
(6) None but the lowest responsible bid shall be accepted.
The board may reject all the bids, or accept any bid for both
labor and material for such improvement or repair, which is the
lowest in the aggregate. In all other respects, the award of
contracts for improvement or repair, but not for purchases made
under section 3327.08 of the Revised Code, shall be pursuant to
section 153.12 of the Revised Code.
(7) The contract shall be between the board and the
bidders.
The board shall pay the contract price for the work
pursuant to
sections 153.13 and 153.14 of the Revised Code. The
board shall
approve and retain the estimates referred to in
section 153.13 of
the Revised Code and make them available to the
auditor of state
upon request.
(8) When two or more bids are equal, in the whole, or in
any
part thereof, and are lower than any others, either may be
accepted, but in no case shall the work be divided between such
bidders.
(9) When there is reason to believe there is collusion or
combination among the bidders, or any number of them, the bids of
those concerned therein shall be rejected.
(B) Division (A) of this section does not apply to the board
of education of
any school district in any of the following
situations:
(1) The acquisition of educational materials used in
teaching.
(2) If the board determines and declares by resolution
adopted by two-thirds
of all its members that any item is
available and can be acquired only from a
single source.
(3) If the board declares by resolution adopted by two-thirds
of all its
members that division (A) of this section does not
apply to any installation,
modification, or remodeling involved in
any energy conservation measure
undertaken through an installment
payment contract under section 3313.372 of
the Revised Code or
undertaken pursuant to division (G) of section 133.06 of
the
Revised Code.
(4) The acquisition of computer software for instructional
purposes and computer hardware for instructional purposes
pursuant
to division (B)(4) of section 3313.37 of the
Revised
Code.
(C) No resolution adopted pursuant to division (B)(2) or (3)
of this section
shall have any effect on whether sections 153.12
to 153.14 and 153.54 of the
Revised Code apply to the board of
education of any school district with
regard to any item.
Section 2. That existing sections 9.48, 125.04, 307.86,
505.10, 505.37, 505.376, 511.12, 515.01, 731.14, 971.07, and
3313.46 of the Revised Code
are hereby repealed.
Section 3. Section 505.10 of the Revised Code is presented
in
this act as a composite of the section as amended by both Sub.
H.B. 204 and Sub. H.B. 323 of
the 125th General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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