Section 501.01 Home Rule Powers Asserted

A. The County expressly asserts its home rule powers with respect to all contracting and procurement matters, including, but not limited to, all competitive bidding requirements and the County’s contracting capabilities.

B. Notwithstanding any requirements or limitations of the Ohio Revised Code, Ohio Administrative Code, or any other applicable law or regulation, pursuant to the County’s home rule powers, the County may enter into any real-estate and real-estate related transactions, and there shall be no limitations on the duration of any such transactions.

C. Notwithstanding any requirements or limitations of the Ohio Revised Code, including, but not limited to ORC 5543.19, the Ohio Administrative Code, or any other applicable law or regulation, pursuant to the County's home rule powers, the County's Department of Public Works may employ laborers and vehicles, use County employees and property, lease implements and tools, purchase materials, and do any other act as necessary in the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, culverts, county property and facilities, or any other construction or property management undertaken by the County. In so doing, the Department shall obtain all requisite approvals for any contracts, purchases, change orders, or amendments from the appropriate approval authorities pursuant to the requirements of Chapter 501 of the County Code.

D. Notwithstanding any requirements or limitations of the Ohio Revised Code, Ohio Administrative Code, or any other applicable law or regulation, pursuant to the County’s home rule powers, the County Executive or his/her designees may:

1. issue requests for bids, proposals, or qualifications which allow the responder to choose among two or more alternative approaches for completing the work;
2. advertise for bids or request proposals or qualifications either on-line through the County's website or through a newspaper of general circulation that serves the County, or both, with the option to supplement such advertising through the use of additional media; and
3. on or after August 1, 2011, and in accordance with any implementing legislation on alternative construction delivery systems enacted by County Council, choose among the various available construction project delivery systems, in order to achieve the best possible combination of cost, quality, time to completion, and risk control.

(Ordinance Nos. O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.02 Definitions Applicable to Chapter 501

A. Usage of the Terms. For the purposes of Chapter 501 of the County Code, “Contract" and “Sale”:

1. "contract" shall not include an employment contract between the County and any regular full-time or part-time employee of the County or any contract entered into in settlement of litigation; and
2. "sale" shall include only sales of assets.

B. Definition of Value. For the purposes of Chapter 501 of the County Code, the value of any contract, purchase, sale, grant made by the County, or loan shall be the total amount obligated, received or contracted for, even if over multiple years, but shall not include any optional extensions. Whenever a construction or renovation project requires the execution of two or more contracts, the sum of the value of the multiple contracts required shall be used as the value for each contract, except that contracts for phases of a construction or renovation project, executed before it is known whether the total project cost will exceed $500,000, may be handled as a separate contract.

C. Definition of New Item. For the purposes of Chapter 501 of the County Code, a "new item" in a change order or amendment to a contract is any item not provided for in the prior version of the contract, and does not include a change in the quantity, version, style, manufacturer, or supplier of any item included in the prior version of the contract.

D. Change Orders or Amendments on Contracts. A change order or amendment to a contract may be presented in the form of a list of proposed changes, rather than submitting items individually. For the purposes of Chapter 501 of the County Code, the value of a change order or amendment submitted as a list of items shall be the greater of:

1. the net change to the value of the contract after all additions, are added and all deletions or reductions are subtracted; or
2. or the total value of all new items, as defined in Section 501.01(F) of this Section, in the change order or amendment.

The term "change order or amendment" shall include the use of county contingency funds.

(Ordinance Nos. O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.03 County Executive’s Authority

Section 501.04 Required Approvals

A. Items Requiring County Council Approval.

1. The following transactions and other actions shall require approval by the County Council:
   a. All contracts, purchases, sales, grants provided by the county, or loans provided by the county resulting in the County’s expenditure of more than $500,000.00. If the transaction does not have an end date, the County shall calculate the anticipated expenditures for purposes of determination of the appropriate approval authority based on a five-year term;
   b. All revenue generating agreements with anticipated revenue above $500,000.00 during the term of the agreement. If the revenue generating agreement does not have an end date, the County shall calculate the anticipated revenue for purposes of determination of the appropriate approval authority based on a five-year term;
   c. Any loan in which the County, or any entity thereof, is the borrower;
   d. All contracts, purchases, loans, leases, or other transactions which create an obligation that would require the appropriation of additional funds not previously authorized;
   e. All purchases or sales of real estate or real estate interests for any purpose other than making or repairing roads, including bridges, for more than $50,000.00 and all leases of real estate or real estate interests as lessor or lessee in which the value of the purchase, sale, or lease is more than $50,000.00;
   f. All purchases, sales, or leases of real estate in excess of six months other than at fair market value;
   g. All transfers of cash or appropriation authority between accounts within the County budget and all appropriation changes that result in an increase or decrease in authorized appropriations;
   h. Any change order or amendment to a contract that is submitted to the Board of Control and does not receive an affirmative vote of one County Council member on the Board of Control;
   i. Any other specific contract, purchase, sale, lease, grant made by the County, or loan made by the County, or any exemption, procedure, or other action within the process of completing any such contract, purchase, sale, lease, grant made by the County, or loan made by the County for which the County Council, by Resolution of Council, requires approval of the County Council; Any other contract, contract amendment, change order, purchase, sale, lease, grant made by the County, loan made by the County, exemption, procedure, or other action that requires approval by the County Council pursuant to any other provision of Chapter 501 or any other provision of the County Code;
   j. Any other contract, purchase, sale, lease, grant made by the County, loan made by the County, or any exemption, procedure, or other action within the process of completing any such contract, purchase, sale, lease, grant, exemption, or loan that does not otherwise require Council approval, but the County Executive or Board of Control determines to submit to Council for its consideration, review, and approval or denial; and
   k. Any other contract, purchase, sale, lease, grant made by the County, loan made by the County, or any exemption, procedure, or other action within the process of completing any such contract, purchase, sale, lease, grant, exemption, or loan that the Council President requests its transfer or review to the County Council by written communication to the County Executive and his or her designee prior to approval.
2. Sections 501.04(A)(1)(e) and (f) are not intended to interfere with the Executive and Director of Public Works’ ability to manage the County’s property, including, without limitation, granting access, easements, licenses, rights of way, or other rights of entry on the County’s property and establishing the terms for such entry without seeking Council approval for such action.
3. A resolution approving any “Item Requiring County Council Approval” under this Section shall be deemed an administrative act of the County Council and shall therefore take effect immediately upon adoption of the resolution by a simple majority of County Council or signature of the County Executive, whichever is applicable. This paragraph shall not apply to any resolution in which County Council specifically exercises its legislative powers granted under the County Charter or general law.

B. Items Requiring Board of Control Approval.
The following transactions and other actions shall require approval by the Board of Control:

1. All contracts, purchases, sales, grants provided or by the County, or loans provided by the County resulting in the County’s expenditure of more than $5,000.00 but not more than $500,000.00. If the transaction does not have an end date, the County shall calculate the anticipated expenditures for purposes of determination of the appropriate approval authority based on a five-year term;
2. All revenue generating agreements with anticipated revenue more than $5,000.00 but not more than $500,000.00 during the term of the agreement. If the revenue generating agreement does not have an end date, the County shall calculate the anticipated revenue for purposes of determination of the appropriate approval authority based on a five-year term;
3. All purchases or sales of real estate or real estate interests for more than $5,000.00 but not more than $50,000.00 and all leases of real estate or real estate interests as lessor or lessee in which the total value of the transaction is more than $5,000.00 but not more than $50,000.00;
4. Any change order or amendment resulting in the County's expenditure of more than $5,000.00 that do not otherwise require Council approval using the definition provided in Section 501.02(D) of the County Code for contracts with a value of less than five million dollars; and
5. All purchases, including, the acquisition through settlement of eminent-domain litigation, of any real estate interests for the purpose of making or repairing roads, including bridges, in excess of $50,000.00.

C. All contracts, purchases, sales, grants or loans provided by the County, purchases or sales of real estate or real estate interests, leases of real estate or real estate interests as lessor or lessee, in which the total value of the transaction is more than $1,000.00 but less than $5,000.00 shall be reported monthly to the Board of Control. Each transaction shall be presented to the Board of Control no later than the 15th day of the following month, and shall include a brief description, the approval or execution date, name of the contractor, and the amount of the transaction.

(Ordinance Nos. O2019-0003, Enacted 4/9/2019, Effective 4/11/2019; O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2014-0037, Enacted 5/26/2015, Effective 5/28/2015; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.05 Approval Procedures

A. Single Approval Generally Required; Exceptions.

1. Except as provided for in Sections 501.04(A)(1)(h) and (i), Section 501.04(B)(4), and Section 501.04(A) and (B) of the County Code, the approvals provided for in Section 501.04 of the County Code shall be required to enter into a contract, lease, purchase, sale, loans made by the County, and grants made by the County, and not at other stages of the process of completing these transactions.
2. Purchases made under a requirements, supplies, or other contract under which multiple purchases are to be made, such as an office supply contract or a county printing contract, shall not require additional individualized approvals by the County Council or Board of Control so long as the contract under which the purchases are to be made is properly approved under Chapter 501 of the County Code.

B. Thresholds for Exercise of Options. Exercise of an option on a contract shall require approval of the County Council or the Board of Control if the thresholds provided for in Section 501.04(A) or(B), respectively, for approval of contracts are met.

C. Contracts with Multiple Vendors.

1. Unless an exemption is approved under Section 501.05(C)(2) herein, the values of proposed contracts to be entered pursuant to a single Request for Bids (RFB), Request for Proposals (RFP), Request for Qualifications (RFQ), or any other contractual solicitation shall be aggregated and treated as a single contract for purposes of applying the monetary thresholds under Section 501.04 of the County Code.
2. Requests for exemption from the requirements of Section 501.05(C)(1) shall be submitted to the Board of Control, which is hereby authorized to review such requests and to approve or disapprove them.

D. Approval Thresholds for Change Orders or Amendments.
For the purposes of Chapter 501 of the County Code, a change order or amendment to a contract shall not be considered a separate contract and shall be subject to the requirements of Sections 501.04(A)(1)(h) and 501.04(B)(4).

E. Monthly Reports on Contract Changes.
During any construction or renovation project, the director of the department responsible for the project in conjunction with the project manager, or other person responsible for the project shall provide the following information monthly to the Board of Control:

1. A description of all changes made in the project since the previous report and the cost or savings associated with each change, and
2. The percentage of contingency funds used in the project up to that point and how that percentage compares with the projected use of contingency funds at that point in the project.

F. Identification of Funding Sources.
Any item submitted to the County Council or the Board of Control which includes a request for approval for the expenditure of money shall specify the funding source(s) to be used.

(Ordinance Nos. O2015-0006, Enacted 4/28/2015, Effective 4/29/2015); O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.06 Law Department Empowered to Authorize Minor Deviations from Approval Actions.

Section 501.07 Referral to Council

Section 501.08 Emergency Contracting Authority

A. In an emergency which threatens the life, health, or property in the County, as declared and determined by the County Executive, and in which official action is needed prior to when a meeting of the County Council or the Board of Control could take place:

1. the County Executive, or their designee, is authorized to enter into contracts or leases or make purchases not to exceed $500,000.00 for any one emergency event, without obtaining the approval of the County Council or the Board of Control.
2. the County Executive, or their designee, is authorized to enter into contracts or leases or make purchases in excess of $500,000.00 for any one emergency event, without obtaining the approval of the County Council or the Board of Control, provided same is otherwise approved by the President of Council, or their designee.
   
   Whenever this power is exercised, the County Executive shall immediately or as soon as practicable, send a report to County Council and post the report on the county's website, describing the nature of the emergency, the actions taken, and the estimated cost and sources of funding for the actions taken.

(Ordinance Nos. O2020-0006, Enacted 3/16/2020, Effective, 3/16/2020; O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.09 Application for and Acceptance of Grants

A. The County Executive may apply for and accept grants on behalf of the County, and execute all agreements and any other documents in connection with same, without specific approval from the the Board of Control, or the County Council, provided that any expenditures of grant funds shall be made from funds properly appropriated and any purchases, grants, leases, or loans made using grant funds shall be done in accordance with the provisions of Chapter 501 of the Cuyahoga County Code.

B. As an exception to Section 501.09(A)(1), specific approval shall be required by the Board of Control for the County’s acceptance of grants of more than $5,000.00 when either of the following applies:

1. The County has the discretion to select from multiple potential grant sub-recipients, and the County voluntarily designates a specific sub-recipient as part of the application process; or
2. Acceptance of the grant requires a local match for which a specific appropriation has not been provided in the applicable operating budget.

(Ordinance Nos. O2019-0003, Enacted 4/9/2019, Effective 4/11/2019; O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.10 Purchases to be Executed by the Department of Purchasing

Section 501.11 Information Technology Purchases

Section 501.12 Competitive Bidding Requirements and Exceptions

A. Except as otherwise provided in Chapter 501 of the County Code, including, but not limited to, Sections 501.12, 501.14, and 501.01(D), all contracts, purchases, or leases shall be done in accordance with the competitive bidding procedures provided for in Sections 307.86 through 307.921 of the Ohio Revised Code. If any conflict arises between the procedures, requirements, or any other terms of the Ohio Revised Code, Ohio Administrative Code, or any other law or regulation, and Chapter 501 of the County Code, the procedures, requirements, and terms of this Chapter shall prevail.

B. Competitive bidding is not required when any of the following apply:

1. The estimated cost is less than $50,000.00;
2. The purchase is for professional services, such as architectural, legal, medical, veterinary, financial, insurance, information technology, engineering, consulting, surveying, appraisal, brokerage, or construction management services;
3. The purchase is made in response to an emergency as provided for in Section 501.08 of the County Code or the purchase is approved by the County Council or the Board of Control, as applicable, to be made without competitive bidding in response to an emergency;
4. The transaction is for the purchase, sale, lease (as lessor or lessee), conveyance, transfer, exchange, easement, right of way, license, or any other disposition or acquisition of real property or real-estate interests;
5. The purchase is for used personal property, material, or supplies which are to be sold by the submission of written bids or at an auction open to the public;
6. The purchase is for services, supplies, replacements or supplemental parts, for a product or equipment owned or leased by the county, and the only source of the services, supplies, replacements or parts is limited to a single supplier;
7. The purchase is for services related to information technology, such as programming services, that are proprietary or limited to a single source;
8. The transaction is with the federal government, a state or a political subdivision thereof, a county or contracting authority thereof, a board of education, a township, a municipal corporation or a contracting authority thereof, a court, or any other one or more political subdivisions or other governmental entities, including, but not limited to, a county hospital, a regional transportation authority, a board of developmental disabilities, an alcohol, drug addiction and mental health services board, a veterans service commission, a county land reutilization corporation (land bank), a sewer district, or a port authority;
9. The purchase is made by a county department performing the duties provided for in Section 329.04 of the Ohio Revised Code and consists of family services duties or workforce development activities;
10. The purchase is made by a public children services agency performing the duties provided for in Section 5153.16 of the Ohio 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;
11. The purchase consists of criminal justice services, social services programs, family services, or workforce development activities from nonprofit corporations or associations under programs funded by the federal government or by state grants;
12. The purchase is for an insurance policy, health care plan, or child care services for provision to county employees;
13. The purchase is for goods and services provided by persons with severe disabilities and provided for in Sections 4115.31 through 4115.35 of the Ohio Revised Code;
14. The Board of Control determines, upon its review of a request for an exemption from the requirements of competitive bidding, that the use of competitive sealed proposals would be advantageous to the county and the contracting authority complies with Section 307.862 of the Ohio Revised Code, as modified by Section 501.01(D) of this Chapter;
15. The Board of Control determines, upon its review of a request for an exemption from the requirements of competitive bidding, that an alternative procurement process would be advantageous to the County. The request to the Board must specify the details of the proposed alternative procurement process, and the Board may approve the request as presented or may impose any other changes or additional requirements as it deems appropriate.
16. The program, contract, or agreement is funded through a federal, state, or other grant or program and is awarded by the County to the recipient(s) pursuant to the criteria or requirements of the grant or program, such as contracts entered pursuant to the Community Development Block Grant Program, the Store Front Renovation Rebate Program, the McKinney Vento Homeless Assistance Renewal Grant, or other similar grants or programs. To be eligible for this exemption, the program’s criteria and requirements for the selection of the recipients must first be approved by the Board of Control. This approval can be done singularly for the entire program without the need for individualized consideration.
17. The purchase is for any other purpose that may be done without competitive bidding pursuant to the Ohio Revised Code;
18. The purchase is made through a joint purchasing program authorized by the Ohio Revised Code, including, but not limited to, Ohio Revised Code Section 9.48; and,
19. The purchase is made through a state contract authorized by the Ohio Revised Code, including, but not limited to, Ohio Revised Code Section 125.04 and Ohio Revised Code Section 5513.01.

C. Any purchase of professional design services provided by architects, engineers, or surveyors shall be done as provided for in Sections 153.65 through 153.71 of the Ohio Revised Code. The contracting authority, however, may deviate from the requirements of Ohio Revised Code Section 153.691 if the County Executive, with the approval of the Board of Control, determines that doing so would be advantageous to the County.

D. Except in the case of contracts and purchases made under Sections 501.12(B)(8), (15), and (16) of the County Code, unless a request for an exemption is granted by the Board of Control, as presented or with any other changes or additional requirements deemed appropriate by the Board, if the County seeks to make contracts or purchases of $50,000.00 or more other than by competitive bidding, and the contracting authority is able to identify more than one source through which the purchase could be made, the contracting agency shall:

1. Develop requests for proposals or qualifications, specifying the products or services to be purchased and the criteria that will be considered prior to making the purchase;
2. Receive responses from prospective vendors/contracting parties meeting the criteria specified in the request for proposals or qualifications by giving notice in a manner substantially similar to the procedures established for giving notice under section 307.87 of the Ohio Revised Code as modified by Section 501.01(D) of the County Code; and
3. The contracting authority negotiates with the prospective vendors/contracting parties to obtain a contract which best satisfies the criteria specified in the request for proposals or qualifications.

E. If the County seeks to make contracts or purchases greater than $1,000, but less than $50,000, the County shall solicit bids for the contract/purchase for a period of no less than eight hours on the County's web site and through a vendor email notification system that is approved by the Department of Purchasing and the Law Department. The County shall make best efforts to ensure that the posting hours take place between 5:00 a.m. and 7:00 p.m. EST. If the online process does not result in at least three bids, the County shall exercise best efforts to obtain three bids through additional solicitation efforts.

F. If the County seeks to make contracts or purchases of $50,000 or more, and it is unable to identify more than one source and a vendor provides the County with a verified statement, subject to the penalty of perjury, certifying its sole source status, the County shall then solicit the availability of vendors for the contract/purchase. The solicitation shall be for a period of no less than 48 hours on the County’s web site and through a vendor email notification system that is approved by the Department of Purchasing and the Law Department. If the posting fails to identify any additional vendor, the County may then proceed to submit the proposed purchase/contract to the appropriate approval authority as a sole source. If, however, the posting results in the identification of more than one possible vendor, the County shall only proceed with the procurement through the requisite competitive process under Chapter 501 of the Cuyahoga County Code unless the County receives an appropriate exemption in accordance with the requirements of the Code. The request for an exemption shall be made on a form established by the Department of Purchasing, and approved by the Law Department, and shall include a verified statement by the vendor, subject to the penalty of perjury, certifying the vendor’s sole-source status. If the sole-source request is approved, the purchase or contract must still receive the requisite approval by the County Council or the Board of Control pursuant to Section 501.04 of the County Code.

(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2019-0003, Enacted 4/9/2019, Effective 4/11/2019; O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.13 Encouragement of Diversity

Section 501.14 Standards for Awarding Contracts

Section 501.15 Requirements of Contractors

A. On federally or state funded projects, which require the County to comply with specific federal and/or state criteria or forms for certifications by the successful contractor(s), the County shall comply with the federal and/or state requirements to avoid the loss of federal or state funds, including the use of the federal and/or state certification forms in lieu of the County’s mandated certification forms. Where possible on federally or state funded projects and on all other projects, at the time of execution of the contract, the successful contractor shall:

1. for public improvements contracts, the contractor shall be in compliance with Ohio's Drug-Free Workplace requirements as provided in Ohio Revised Code Section 153.03. All contractors shall maintain a written substance abuse policy to which its personnel are subject on the contract (the successful contractor shall provide this policy upon request);
2. for public improvement contracts, the contractor shall not have an Experience Modification Rating greater than 1.5 with respect to the Bureau of Workers Compensation risk assessment rating;
3. the contractor shall be in compliance and will remain in compliance with Federal and Ohio Equal Opportunity Employment Laws;
4. for public improvement contracts, the contractor shall pay the prevailing wage rate and comply with other provisions set forth in Sections 4115.03 through 4115.16 of the Ohio Revised Code and Sections 4101:9-4-01 through 4101:9-4-28 of the Ohio Administrative Code, including but not limited to the filing of certified payroll reports;
5. for public improvement contracts, the contractor shall not have been debarred from public contracts for prevailing wage violations or found or determined by the state to have underpaid the required prevailing wage, whether intentionally or unintentionally, even if settled subsequent to the finding, more than three times in the last ten years, provided that, when aggregating for any single project, no finding of an underpaid amount of less than $1,000.00 shall be considered, and no single finding based upon a journeyman-to-apprenticeship ratio shall be considered a violation of this provision unless as part of multiple, similar findings;
6. the contractor shall not have been penalized or debarred from any federal, state, or local public contract or falsified certified payroll records, have an Adverse Determination of Wage Theft or Payroll Fraud as defined in Section 505.03(B)(4) of this Code, or has otherwise been found, after appeals, to have violated the Fair Labor Standards Act in the past seven years, or during the contractor's entire time of doing business, if less than seven years;
7. the contractor shall not have violated any unemployment or workers compensation law during the past five years, or during the contractor's entire time of doing business, if less than five years;
8. the contractor at the time of contract award, shall not have final, unsatisfied judgments against it which in total amount to 50% or more of the contract amount;
9. the contractor shall utilize, for work performed under the contract supervisory personnel that have three or more years of experience in the specific trade and who maintain the appropriate state license(s), if any;
10. the contractor shall be properly licensed to perform all work as follows
    a. if performing a trades contract, shall be licensed pursuant to Ohio Revised Code Section 4740 as a heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor;
    b. if performing work regulated under Section 3737.65 of the Ohio Revised Code, be certified by the State Fire Marshall; and
    c. if performing work under any other trade, occupation, or profession licensed under Title 47 of the Ohio Revised Code, be licensed for that trade, occupation, or profession as provided in the Ohio Revised Code;
11. the contractor shall, if performing a trade contract pursuant to Ohio Revised Code Section 4740, not subcontract more than 25% of the labor, excluding materials, for its awarded contract, unless to subcontractors also licensed pursuant to Ohio Revised Code Section 4740 or certified by the State Fire Marshall pursuant to Ohio Revised Code Section 3737.65;
12. the contractor shall provide access as needed and allow the Agency of the Inspector General to perform the functions provided for in Section 501.21 of the County Code; and
13. the contractor shall require all of its subcontractors, at the time of execution of a subcontract, to make all of the certifications required in Section 501.15(A), except for Subsections 7 and 9, of the County Code.

B. If any material breach of contractual obligations or the certifications provided for in this Section occurs during the contract performance by the contractor, the County may exercise any or all contractual remedies, including, but not limited to, contract termination for cause.

(Ordinance Nos. O2023-0009, Enacted 5/23/2023, Effective 5/24/2023; O2017-0004, Enacted 10/24/2017, Effective 10/26/2017; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.16 Retention of Experts and Consultants

Section 501.17 Legal Review and Approval by the Law Department

Section 501.18 Appropriation, Warrant Procedures and Payment Methodology

Section 501.19 Registration, Ethics Training, and Certification

A. No contract shall be entered into unless all the provisions of State and County laws related to ethics policy have been met.

B. Registration.
Except as provided in Subsection (B), every contractor whose annual aggregate amount of contracting with the County exceeds ten thousand dollars ($10,000) shall register with the Inspector General prior to doing business with the County. Registration shall take place prior to entering any contract that would bring a Contractor’s annual aggregate amount above ten thousand dollars ($10,000). Contractors shall re-register every four (4) calendar years. Every registered contractor shall pay a registration filing fee of one hundred dollars ($100.00). Contractors shall be responsible for keeping track of their annual aggregate amount of contracting with the County. Each registered contractor must provide to the Inspector General the contractor’s corporate name, federal tax identification number, address, names of the contractor’s principals, and any other information as may be required by the Inspector General, unless such information is explicitly exempt from disclosure by this Code or general law. Fees collected pursuant to this section shall support the Inspector General’s cost of administering the contractor and lobbyist registries.

C. Ethics Training and Certification.

1. Every contractor whose annual aggregate amount of contracting with the County exceeds ten thousand dollars ($10,000) shall complete an ethics training program, including information regarding wage theft laws, prescribed by the Inspector General prior to doing business with the County. The Department of Consumer Affairs shall partner with Ohio Means Jobs and/or any successor organization to inform county residents of their workplace rights under federal, state, and local law.
2. Upon successful completion of any ethics training program, contractors shall acknowledge, electronically or in writing, that they have received, read, understood, and agree to abide by the County ethics policy, including the provisions of this Title, Ohio Revised Code Chapter 102 and Ohio Revised Code Sections 2921.42 and 2921.43.
3. Ethics training certification shall expire on December 31 of the respective year that is four (4) calendar years following the date of the ethics training. A contractor may only renew its ethics training certification by completing a subsequent ethics training program prescribed by the Inspector General. Any contractor who fails to renew its ethics training certification shall be removed from the registry of approved contractors.

D. No approval authority shall award a contract to any contractor who fails to comply with the requirements of this Section.

E. Notwithstanding paragraphs (A) through (C), the following entities shall not be mandated to comply with the requirements of this Section and shall not be required to pay the registration filing fee:

1. Political subdivisions, public utilities, and other governmental entities.
2. Persons or entities that receive either direct payments or reimbursements from the County for the emergency purchase of items required to serve basic needs, including, but not limited to, temporary foster care providers and grocery or department stores that accept vouchers for basic needs.
3. Court reporters or expert witnesses in connection with civil litigation or criminal prosecution.
4. Persons or entities that receive County funds through a County-sponsored rebate program, including, but not limited to, the County Storefront Renovation Rebate Program.
5. Accrediting bodies.

F. The Inspector General may, on his or her own initiative or upon request, grant exemptions from the registration and/or training requirements of this Section with the approval of the Board of Control. Requests for exemptions shall be submitted to the Inspector General. Should either the Inspector General or the Board of Control deny an exemption request, the aggrieved party may appeal the decision to the full Council.

(Ordinance Nos. O2023-0009, Enacted 5/23/2023, Effective 5/24/2023; O2016-0002, Enacted 4/26/2016, Effective 5/27/2016; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.20 Unlawful Interest in a Public Contract

Section 501.21 Inspector General’s Authority

The Inspector General shall have the power to audit, investigate, inspect and review the operations, activities, and performance of the contracting and procurement processes of Cuyahoga County government in order to detect corruption and fraud and ensure compliance with the County Code and state and county ethics laws relating to contracting and procurement. Areas within the purview of such power shall include the following:

1. the establishment of bid specifications;
2. bid submittals;
   
3. activities of contractors, including their departments, agents, and employees that specifically relate to performance on a contract with the county; and
4. relevant activities of public officials and employees of the county.

Provided that, in the reasonable judgment of the Inspector General's agency, doing so does not jeopardize any existing or anticipated investigation, the Inspector General's agency shall promptly report any wrongdoing to the County Executive, the County Council, Director of Public Works, the Director of Purchasing, the Director of Law, the Prosecuting Attorney, and other appropriate officials, as needed, to ensure that proper action is taken in response to its findings.

(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0055, Enacted 12/6/2011, Effective 12/8/2011; O2011-0046, Enacted 9/27/2011, Effective 9/29/2011; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)

Section 501.22 Purchasing Policy and Procedure Manual

Section 501.23 Notification Requirements

A. Procurement Database.
The County Executive shall develop, maintain, and post on the county's website a procurement database, which shall include two separate parts, which shall contain descriptions of:

1. all executed contracts, purchases, and sales, other than real estate transactions, for $1000.00 or more; and
   
2. all executed purchases, sales, leases (as either lessor or lessee) of real estate. The database shall be searchable by purpose, vendor, purchaser, dollar amount, funding source, department, transaction date, and other relevant factors.

B. Grants and Loans Database.
The County Executive shall develop, maintain, and post on the county's website a grants and loans database, which shall include two separate parts, which shall contain descriptions of:

1. all grants and loans received, searchable by purpose, funding source, department, date of receipt, length of term, and other relevant factors; and
2. all grants and loans provided, searchable by purpose, recipient, funding source, department, date provided, and other relevant factors.

C. Pending Transactions Database.
The County Executive shall develop, maintain, and post on the county's website a pending transactions database, which shall include four separate parts, describing all pending transactions of $50,000.00 or more which have been initiated by formal, public action but not yet completed, as follows:

1. contracts, purchases, and sales, other than real estate transactions,
2. real estate transactions,
3. grants and loans to be received, and
4. grants and loans to be provided.

The database shall provide a log of date and event for each major step in the process for each transaction and shall be searchable by purpose, department, date of initiation, funding source, and other relevant factors.

D. Special Procurement Events Database.
The County Executive shall develop, maintain and post on the county's website a special procurement events database, which shall include two parts, as follows:

1. Any time that the County Executive initiates formal, public action to contract for goods or services that are substantially different from goods or services that the county currently contracts for or has contracted for within the last three years. Contracting to achieve the same purpose using improved technology shall not require notice under this subsection unless the new technology is sufficiently different so as to constitute an entirely new product; and
   
2. Any time that the County Executive initiates formal public action to contract for the services of experts or consultants as provided for in Article 3, Section 9, Subsection 3 of the Charter.
   
   The County Executive shall promptly send specific notice to the County Council whenever any of these events occur.

E. Notification to County Councilperson.
Whenever the County Executive initiates the formal, public action for a contract, purchase, sale, lease, grant, or loan with an expected value of $25,000.00 or more that is located in or primarily affects a particular County Council District, the County Executive shall provide written notification to the Councilperson from that district.

F. Timeline for Databases and Notifications.
The County shall exercise best efforts to ensure that the databases provided for in Sections 501.23(A) through 501.23(D) of this Chapter are in operation and posted on the County's website and the notification process provided for in Section 501.23(E) of this Chapter are in operation starting not later than September 30, 2011, with the exception that the searchable features of the databases are in operation no later than March 31, 2012. Prior to the required initiation dates for the databases and notification processes provided for in Sections 501.23(A) through 501.23(E) of this Chapter, the County Executive shall use available resources to make available to the County Council and the public as much as possible of the information required in these sections.

G. Historical Information not Required in Databases.
The databases provided for in Sections 501.23(A) and 501.23(B) of this Chapter shall be required to include only transactions executed on or after the initiation date of each part of these databases. The databases provided for in Sections 501.23(C) and 501.23(D) shall be required to include only transactions initiated by formal, public action on or after the initiation date of each part of these databases.

H. Exclusion of Confidential Information.
Notwithstanding any other provisions of this Chapter, the databases provided for in Sections 501.23(A), (B), (C), and (D) of this Chapter shall not include any information required to be kept confidential by federal or state law or federal or state administrative rule and may exclude any other information that is not a public record according to Section 149.43 of the Ohio Revised Code.

I. Notice of Executed Contracts, Purchases and Sales.
On or about the 5th calendar day prior to each regular meeting of County Council, the Executive shall provide the County Council a list of all contracts, purchases or sales executed and all grants or loans made or received for more than $50,000.00 since the previous list was provided. Any change or amendment in which the total additions exceed $50,000.00 shall also be included. Provided that all other requirements of this Chapter have been met, this list does not need to be provided prior to the transactions being executed.

(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0015, Enacted 7/24/2012, Effective 7/26/2012; O2011-0044, Enacted 9/13/2011, Effective 9/15/2011; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0022, Enacted 4/5/2011, Effective 4/8/2011; O2011-0018, Enacted 3/8/2011, Effective 3/15/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011; O2011-0006, Enacted 1/11/2011, Effective 1/19/2011; O2011-0002, Enacted 1/3/2011, Effective 1/10/2011)