Section 508.01: Performance Bond Requirements

Notwithstanding any provisions in the Ohio Revised Code, Ohio Administrative Code, or any other law or regulation to the contrary, the County hereby asserts its home rule powers to determine bonding requirements in formulating the appropriate risk management measures for County contracts.

(Ordinance No. O2016-0006, Enacted 4/26/2016, Effective 5/27/2016)

Section 508.02: When Performance Bonds Are Not Required

A. Performance Bond Waivers on Construction Contracts
Unless otherwise prohibited by federal, state or local law, or as a condition of funding or unless otherwise provided in the Cuyahoga County Code, Performance and Payment Bond requirements for construction contracts in the amount of $250,000.00 or less may be waived for contractors or vendors who pre-qualify. This waiver does not include projects that include federal funding.

B. Performance Bond Waivers for Construction Contracts with Federal Funds
Unless otherwise prohibited by federal, state or local law, or as a condition of funding, Performance and Payment Bond requirements for construction contracts in the amount of $150,000.00 or less which involve federal funds may be waived for contractors and vendors who pre-qualify.

C. Performance Bond Waivers for Non-construction Projects
Performance and Payment Bond requirements for non-construction contracts may be waived at the discretion of the Law Department, through its Risk Management Division, as set forth herein.

D. Reserve Coverage for Performance Bond Waivers
The County shall reserve or budget such funds as are necessary to mitigate the potential costs of non-performance and/or non-payment on contracts on which performance or payment bonds are waived pursuant to this Section. The amount reserved or budgeted for this purpose shall be determined annually by the Law Department, through its Risk Management Division, and shall be submitted to Council through the budget process.

(Ordinance No. O2016-0006, Enacted 4/26/2016, Effective 5/27/2016)

Section 508.03: County's Insurance Requirements

The Law Department, through its Risk Management Division, shall determine the County’s insurance needs and requirements, including all insurance requirements related to County contracts.

Notwithstanding any provisions in the Ohio Revised Code, Ohio Administrative Code, or any other law or regulation to the contrary, the County shall have the discretion to determine the appropriate insurance requirements, as well as the amount of the insurance coverages, on a contract-by-contract basis, including all construction contracts, in formulating the appropriate risk management measures for county contracts.

(Ordinance No. O2016-0006, Enacted 4/26/2016, Effective 5/27/2016)

Section 508.04: Updates to County's Insurance Requirements

The Law Department, through its Risk Management Division, shall continually update the County’s insurance requirements as necessary to protect the County’s interests.

(Ordinance No. O2016-0006, Enacted 4/26/2016, Effective 5/27/2016)