[1]
Editor's Note: R.O. 1996 Article V, Federal Old-Age And Survivor's
Insurance (§§ 115.150-115.190), was removed by the
City during the 2019 recodification project.
[R.O. 1996 § 115.300; Ord. No. 4538 § 1, 4-6-2015]
The use of the term "City Administrator"
in this Article shall be deemed to also include and confer authority
upon the Deputy City Administrator in the absence of the City Administrator,
and upon the Assistant City Administrator in the absence of the City
Administrator and Deputy City Administrator, to execute such contracts
on behalf of the City.
[R.O. 1996 § 115.301; Ord. No. 4538 § 1, 4-6-2015; Ord. No. 4668, 6-19-2017; Ord. No. 5050, 10-4-2021]
A.
The City Administrator is hereby authorized to execute on behalf
of the City contracts for services, goods or equipment not to exceed
fifty thousand dollars ($50,000.00) annually, provided that funds
have been appropriated within the budget by the City Council and all
other provisions of the City's Code, ordinances, resolutions and polices,
including any conflict of interest restrictions, have been complied
with. Contracts authorized for City Administrator execution include
the following:
1.
To make application for and to accept on behalf of the City
any property or funds subject to the civil forfeiture provisions of
applicable Federal law;
2.
Change orders, amendments, or addenda for any contract when:
a.
The original contract was approved by the City Administrator
and the cumulative amount of the contract including all change orders,
amendments, or addenda does not exceed fifty thousand dollars ($50,000.00);
or
b.
The original contract was approved by the City Council, the
cumulative change orders, amendments, or addenda do not exceed ten
percent (10%) of the contract price, and:
3.
Contracts or memoranda of understanding with State or Federal
agencies, or State or Federally funded organizations, for payment
or reimbursement of employee compensation of City employees, expenses,
equipment costs and other expenses incurred by the City in connection
with joint investigations with or law enforcement assistance or services
provided to such organizations by members of the City Police Department.
Such contracts may not require a City monetary match as a condition
of the reimbursement;
4.
Contracts with persons and entities selected by the City Council
to receive Community Development Block Grant (CDBG) funds in the amount
authorized by the City Council in the CDBG Annual Action Plan;
5.
Except where authority has been delegated to a particular City
Official, agent or employee, and unless the use of a facility or property
or activity has been prohibited by City ordinance, all necessary consents
for the use of City-owned facilities and property on a temporary basis
under rules and regulations promulgated by the City Administrator,
and charge a fee therefor as authorized under the City Code or the
City Council;
6.
Contracts dealing with the disposal of surplus City property,
except real estate, including but not limited to supplies, materials,
spoil piles and structures, without further legislative action of
City Council, provided an open market competition to the most responsive
bidder as measured by price, City priorities, goals and/or programs
and needs is followed. The City Administrator may reject any bid if
in their judgment it does not contain or provide a fair consideration;
7.
Contracts for emergency work, demolition and repair on public
improvements and publicly or privately owned property of any kind
without competitive bidding, provided appropriated funds are available
for such work. "Emergency work and repair" shall mean non-recurring
situations threatening the integrity, structure, safety, or operation
of a public improvement or property and that without immediate action
is likely to result in failure or further damage or loss of integrity,
or pose a danger to the public or City employees, officers, agents
or licensees, or result in the risk of substantial financial loss
to the City without immediate action;
8.
Contracts for the abatement, prevention, eradication or control
of nuisances and public health hazards determined as such by the City's
Code and ordinances, based on costs of labor and materials and other
costs as determined by the administrator as permitted by law;
9.
Contracts for concessions and advertising at City facilities;
10.
Contracts for ordinary or routine maintenance and services for
software and data systems.
B.
This Section shall not apply to the selection of auditing services.
[R.O. 1996 § 115.302; Ord. No. 4538 § 1, 4-6-2015; Ord. No. 4668, 6-19-2017]
A.
The City Administrator is authorized to establish policies and procedures
for the advertising, solicitation and receipt of bids and proposals,
including the disposal of surplus property and supplies, utilizing
the internet and third-party vendors so long as such policies and
procedures are consistent with State law, City Council adopted ordinances
and this Article. Competitive bidding shall not be required when the
contract is for specialized professional services where prior experience,
skills, education, local knowledge or unique knowledge are considerations
when selecting the contractor, or the contractor is a sole source
for the service or product.
B.
The City Administrator shall establish purchasing policies that they
deem are prudent and appropriate for the City, which are sufficiently
definite and specific so as to protect the City's interests and funds.
Council shall approve such policies by resolution. Such policies may
delegate contracting authority through approval of the policy.
[R.O. 1996 § 115.303; Ord. No. 4538 § 1, 4-6-2015]
The City Administrator is authorized,
without additional legislative action by the City Council, to accept
gifts, donations and sponsorships from private, public or other governmental
sources to the City, for municipal purposes, in cash or in-kind. Any
such gift, donation, or sponsorship accepted by the City Administrator
on behalf of the City shall be used for the intended purpose of the
gift, donation or sponsorship as expressed by person or entity, providing
same.
[R.O. 1996 § 115.304; Ord. No. 4538 § 1, 4-6-2015]
A.
The City Administrator, on behalf of the
City, is authorized to apply for, accept and execute contracts for
grants for law enforcement activities, services, or equipment.
B.
The City Administrator, on behalf of the
City, is authorized to apply for grants as they become known and available
for application.
[R.O. 1996 § 115.305; Ord. No. 4538 § 1, 4-6-2015]
Approval of the City's annual budget
shall constitute authorization to renew any Federal or State grant
for public safety purposes which has been previously approved by the
City Council when revenues from a renewed grant are included in an
approved City budget applicable for the time period of the renewed
grant. The authorization previously granted to the City Administrator,
or other specifically designated City official, to execute grant applications,
contracts, or other instruments shall constitute continuing authorization
to execute any and all applications, contracts, or other instruments
necessary to effectuate such renewal.
[R.O. 1996 § 115.306; Ord. No. 4538 § 1, 4-6-2015]
The City Administrator shall provide
the City Council a written report on a monthly basis of any contract
executed, grant applied for or received, and any donation or gift
accepted with a price, cost, or revenue potential to the City or value
of over five thousand dollars ($5,000.00).
[R.O. 1996 § 115.307; Ord. No. 4538 § 1, 4-6-2015]
No contract made under this Article
may be for a term longer than five (5) years including any renewals
except for continuations of programs, grants and inter-local governmental
contracts where funds to be expended or received are approved in an
annual budget covering the time period of the program, grant or contract.
[R.O. 1996 § 115.308; Ord. No. 4538 § 1, 4-6-2015]
No contract or order purporting to
impose any financial obligation on the City shall be executed, nor
shall the same be valid and binding upon the City, unless it be in
writing, and unless the director of finance, their designee or the
budget office shall first certify in writing thereon that such contract
or order is within the purpose of the appropriation to which it is
to be charged and that there is an unencumbered balance to the credit
of such appropriation sufficient to pay therefor.
[R.O. 1996 § 115.309; Ord. No. 4538 § 1, 4-6-2015]
No contract for the purchase of goods
or services over the amount of five thousand dollars ($5,000.00) shall
be entered into, or be valid or binding on the City, unless it is
approved as to form by the City Attorney and such approval is shown
by signature, electronic or paper, on said contract. No contract shall
be binding on the City unless it is on a form approved by the City
Attorney's office.
[R.O. 1996 § 115.310; Ord. No. 4538 § 1, 4-6-2015]
No contract may be split or divided
for the purpose of evading any provision of this Article.
[R.O. 1996 § 115.311; Ord. No. 4538 § 1, 4-6-2015]
The City Administrator is authorized
to set fees and charges for services and programs provided by the
various departments of the City, unless such fees and charges are
otherwise set by ordinance. Any fees and charges set by the City Administrator
shall take into account the cost of providing the services or programs
and shall be sufficient to meet the revenue projections of the annual
budget adopted by the City Council for such services or programs.
