| Sec. 307.12. (A) Except as otherwise provided in divisions | 11 |
|
(D), (E), and (G) of this section, when the board of county | 12 |
|
commissioners finds, by resolution, that the county has personal | 13 |
|
property, including motor vehicles acquired for the use of county | 14 |
|
officers and departments, and road machinery, equipment, tools, or | 15 |
|
supplies, that is not needed for public use, is obsolete, or is | 16 |
|
unfit for the use for which it was acquired, and when the fair | 17 |
|
market value of the property to be sold or donated under this | 18 |
|
division is, in the opinion of the board, in excess of two | 19 |
|
thousand five hundred dollars, the board may do either of the | 20 |
|
following: | 21 |
| (1) Sell the property at public auction or by sealed bid to | 22 |
|
the highest bidder. Notice of the time, place, and manner of the | 23 |
|
sale shall be published in a newspaper of general circulation in | 24 |
|
the county at least ten days prior to the sale, and a typewritten | 25 |
|
or printed notice of the time, place, and manner of the sale shall | 26 |
|
be posted at least ten days before the sale in the offices of the | 27 |
|
county auditor and the board of county commissioners. | 28 |
| If a board conducts a sale of property by sealed bid, the | 29 |
|
form of the bid shall be as prescribed by the board, and each bid | 30 |
|
shall contain the name of the person submitting it. Bids received | 31 |
|
shall be opened and tabulated at the time stated in the notice. | 32 |
|
The property shall be sold to the highest bidder, except that the | 33 |
|
board may reject all bids and hold another sale, by public auction | 34 |
|
or sealed bid, in the manner prescribed by this section. | 35 |
| (2) Donate any motor vehicle that does not exceed four | 36 |
|
thousand five hundred dollars in value to a nonprofit organization | 37 |
|
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) | 38 |
|
and (c)(3) for the purpose of meeting the transportation needs of | 39 |
|
participants in the Ohio works first program established under | 40 |
|
Chapter 5107. of the Revised Code and participants in the | 41 |
|
prevention, retention, and contingency program established under | 42 |
|
Chapter 5108. of the Revised Code. | 43 |
| (B) When the board of county commissioners finds, by | 44 |
|
resolution, that the county has personal property, including motor | 45 |
|
vehicles acquired for the use of county officers and departments, | 46 |
|
and road machinery, equipment, tools, or supplies, that is not | 47 |
|
needed for public use, is obsolete, or is unfit for the use for | 48 |
|
which it was acquired, and when the fair market value of the | 49 |
|
property to be sold or donated under this division is, in the | 50 |
|
opinion of the board, two thousand five hundred dollars or less, | 51 |
|
the board may do either of the following: | 52 |
| (2) Donate the property to an eligible nonprofit organization | 55 |
|
that is located in this state and is exempt from federal income | 56 |
|
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating | 57 |
|
any property under this division, the board shall adopt a | 58 |
|
resolution expressing its intent to make unneeded, obsolete, or | 59 |
|
unfit-for-use county personal property available to these | 60 |
|
organizations. The resolution shall include guidelines and | 61 |
|
procedures the board considers necessary to implement a donation | 62 |
|
program under this division and shall indicate whether the county | 63 |
|
will conduct the donation program or the board will contract with | 64 |
|
a representative to conduct it. If a representative is known when | 65 |
|
the resolution is adopted, the resolution shall provide contact | 66 |
|
information such as the representative's name, address, and | 67 |
|
telephone number. | 68 |
| The resolution shall include within its procedures a | 69 |
|
requirement that any nonprofit organization desiring to obtain | 70 |
|
donated property under this division shall submit a written notice | 71 |
|
to the board or its representative. The written notice shall | 72 |
|
include evidence that the organization is a nonprofit organization | 73 |
|
that is located in this state and is exempt from federal income | 74 |
|
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 75 |
|
the organization's primary purpose; a description of the type or | 76 |
|
types of property the organization needs; and the name, address, | 77 |
|
and telephone number of a person designated by the organization's | 78 |
|
governing board to receive donated property and to serve as its | 79 |
|
agent. | 80 |
| After adoption of the resolution, the board shall publish, in | 81 |
|
a newspaper of general circulation in the county, notice of its | 82 |
|
intent to donate unneeded, obsolete, or unfit-for-use county | 83 |
|
personal property to eligible nonprofit organizations. The notice | 84 |
|
shall include a summary of the information provided in the | 85 |
|
resolution and shall be published twice or as provided in section | 86 |
|
7.16 of the Revised Code. The second and any subsequent notice | 87 |
|
shall be published not less than ten nor more than twenty days | 88 |
|
after the previous notice. A similar notice also shall be posted | 89 |
|
continually in a conspicuous place in the offices of the county | 90 |
|
auditor and the board of county commissioners. If the county | 91 |
|
maintains a web site on the internet, the notice shall be posted | 92 |
|
continually at that web site. | 93 |
| The board or its representatives also shall maintain a list | 101 |
|
of all county personal property the board finds to be unneeded, | 102 |
|
obsolete, or unfit for use and to be available for donation under | 103 |
|
this division. The list shall be posted continually in a | 104 |
|
conspicuous location in the offices of the county auditor and the | 105 |
|
board of county commissioners, and, if the county maintains a web | 106 |
|
site on the internet, the list shall be posted continually at that | 107 |
|
web site. An item of property on the list shall be donated to the | 108 |
|
eligible nonprofit organization that first declares to the board | 109 |
|
or its representative its desire to obtain the item unless the | 110 |
|
board previously has established, by resolution, a list of | 111 |
|
eligible nonprofit organizations that shall be given priority with | 112 |
|
respect to the item's donation. Priority may be given on the basis | 113 |
|
that the purposes of a nonprofit organization have a direct | 114 |
|
relationship to specific public purposes of programs provided or | 115 |
|
administered by the board. A resolution giving priority to certain | 116 |
|
nonprofit organizations with respect to the donation of an item of | 117 |
|
property shall specify the reasons why the organizations are given | 118 |
|
that priority. | 119 |
| (C) Members of the board of county commissioners shall | 120 |
|
consult with the Ohio ethics commission, and comply with the | 121 |
|
provisions of Chapters 102. and 2921. of the Revised Code, with | 122 |
|
respect to any sale or donation under division (A) or (B) of this | 123 |
|
section to a nonprofit organization of which a county | 124 |
|
commissioner, any member of the county commissioner's family, or | 125 |
|
any business associate of the county commissioner is a trustee, | 126 |
|
officer, board member, or employee. | 127 |
| (D) Notwithstanding anything to the contrary in division (A), | 128 |
|
(B), or (E) of this section and regardless of the property's | 129 |
|
value, the board of county commissioners may sell or donate county | 130 |
|
personal property, including motor vehicles, to the federal | 131 |
|
government, the state, any political subdivision of the state, or | 132 |
|
a county land reutilization corporation without advertisement or | 133 |
|
public notification. | 134 |
| (E) Notwithstanding anything to the contrary in division (A), | 135 |
|
(B), or (G) of this section and regardless of the property's | 136 |
|
value, the board of county commissioners may sell personal | 137 |
|
property, including motor vehicles acquired for the use of county | 138 |
|
officers and departments, and road machinery, equipment, tools, or | 139 |
|
supplies, that is not needed for public use, is obsolete, or is | 140 |
|
unfit for the use for which it was acquired, by internet auction. | 141 |
The board shall adopt, during each calendar year, a resolution | 142 |
expressing its intent to sell that property by internet auction. | 143 |
|
The resolution shall include a description of how the internet | 144 |
|
auctions will be conducted and shall specify the number of days | 145 |
|
for bidding on the property, which shall be no less than ten days, | 146 |
|
including Saturdays, Sundays, and legal holidays. The resolution | 147 |
shall indicate whether the county will conduct the auction | 148 |
| internet auctions or the board will contract with a representative | 149 |
to conduct the auctioninternet auctions and shall establish the | 150 |
|
general terms and conditions of sale. If a representative is known | 151 |
|
when the resolution is adopted, the resolution shall provide | 152 |
|
contact information such as the representative's name, address, | 153 |
|
and telephone number. | 154 |
| After adoption of the resolution, the board shall publish, in | 155 |
|
a newspaper of general circulation in the county, notice of its | 156 |
|
intent to sell unneeded, obsolete, or unfit-for-use county | 157 |
|
personal property by internet auction. The notice shall include a | 158 |
|
summary of the information provided in the resolution and shall be | 159 |
|
published twice or as provided in section 7.16 of the Revised | 160 |
|
Code. The second and any subsequent notice shall be published not | 161 |
|
less than ten nor more than twenty days after the previous notice. | 162 |
A similar notice also shall be posted continually throughout the | 163 |
calendar year in a conspicuous place in the offices of the county | 164 |
|
auditor and the board of county commissioners. If the county | 165 |
|
maintains a web site on the internet, the notice shall be posted | 166 |
continually throughout the calendar year at that web site. | 167 |
| When property is to be sold by internet auction, the board or | 168 |
|
its representative may establish a minimum price that will be | 169 |
|
accepted for specific items and may establish any other terms and | 170 |
conditions for thea particular sale, including requirements for | 171 |
|
pick-up or delivery, method of payment, and sales tax. This type | 172 |
|
of information shall be provided on the internet at the time of | 173 |
|
the auction and may be provided before that time upon request | 174 |
|
after the terms and conditions have been determined by the board | 175 |
|
or its representative. | 176 |
| (F) When a county officer or department head determines that | 177 |
|
county-owned personal property under the jurisdiction of the | 178 |
|
officer or department head, including motor vehicles, road | 179 |
|
machinery, equipment, tools, or supplies, is not of immediate | 180 |
|
need, the county officer or department head may notify the board | 181 |
|
of county commissioners, and the board may lease that personal | 182 |
|
property to any municipal corporation, township, other political | 183 |
|
subdivision of the state, or to a county land reutilization | 184 |
|
corporation. The lease shall require the county to be reimbursed | 185 |
|
under terms, conditions, and fees established by the board, or | 186 |
|
under contracts executed by the board. | 187 |
| (G) If the board of county commissioners finds, by | 188 |
|
resolution, that the county has vehicles, equipment, or machinery | 189 |
|
that is not needed, or is unfit for public use, and the board | 190 |
|
desires to sell the vehicles, equipment, or machinery to the | 191 |
|
person or firm from which it proposes to purchase other vehicles, | 192 |
|
equipment, or machinery, the board may offer to sell the vehicles, | 193 |
|
equipment, or machinery to that person or firm, and to have the | 194 |
|
selling price credited to the person or firm against the purchase | 195 |
|
price of other vehicles, equipment, or machinery. | 196 |
| (H) If the board of county commissioners advertises for bids | 197 |
|
for the sale of new vehicles, equipment, or machinery to the | 198 |
|
county, it may include in the same advertisement a notice of the | 199 |
|
willingness of the board to accept bids for the purchase of | 200 |
|
county-owned vehicles, equipment, or machinery that is obsolete or | 201 |
|
not needed for public use, and to have the amount of those bids | 202 |
|
subtracted from the selling price of the other vehicles, | 203 |
|
equipment, or machinery as a means of determining the lowest | 204 |
|
responsible bidder. | 205 |
| (J) A county engineer, in the engineer's discretion, may | 210 |
|
dispose of scrap construction materials on such terms as the | 211 |
|
engineer determines reasonable, including disposal without | 212 |
|
recovery of costs, if the total value of the materials does not | 213 |
|
exceed twenty-five thousand dollars. The engineer shall maintain | 214 |
|
records of all dispositions made under this division, including | 215 |
|
identification of the origin of the materials, the final | 216 |
|
disposition, and copies of all receipts resulting from the | 217 |
|
dispositions. | 218 |
| As used in division (I) of this section, "scrap construction | 219 |
|
materials" means construction materials that result from a road or | 220 |
|
bridge improvement, remain after the improvement is completed, and | 221 |
|
are not reusable. Construction material that is metal and that | 222 |
|
results from a road or bridge improvement and remains after the | 223 |
|
improvement is completed is scrap construction material only if it | 224 |
|
cannot be used in any other road or bridge improvement or other | 225 |
|
project in its current state. | 226 |
| Sec. 307.86. Anything to be purchased, leased, leased with | 227 |
|
an option or agreement to purchase, or constructed, including, but | 228 |
|
not limited to, any product, structure, construction, | 229 |
|
reconstruction, improvement, maintenance, repair, or service, | 230 |
|
except the services of an accountant, architect, attorney at law, | 231 |
|
physician, professional engineer, construction project manager, | 232 |
|
consultant, surveyor, or appraiser, by or on behalf of the county | 233 |
|
or contracting authority, as defined in section 307.92 of the | 234 |
Revised Code, at a cost in excess of twenty-fivefifty thousand | 235 |
|
dollars adjusted annually by the director of commerce under | 236 |
|
section 307.863 of the Revised Code, except as otherwise provided | 237 |
|
in division (D) of section 713.23 and in sections 9.48, 125.04, | 238 |
|
125.60 to 125.6012, 307.022, 307.041, 307.861, 339.05, 340.03, | 239 |
|
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, | 240 |
|
and 6137.05 of the Revised Code, shall be obtained through | 241 |
|
competitive bidding. However, competitive bidding is not required | 242 |
|
when any of the following applies: | 243 |
| Whenever a contract of purchase, lease, or construction is | 257 |
|
exempted from competitive bidding under division (A)(1) of this | 258 |
section because the estimated cost is less than fiftyone hundred | 259 |
thousand dollars, but the estimated cost is twenty-fivefifty | 260 |
|
thousand dollars or more, the county or contracting authority | 261 |
|
shall solicit informal estimates from no fewer than three persons | 262 |
|
who could perform the contract, before awarding the contract. With | 263 |
|
regard to each such contract, the county or contracting authority | 264 |
|
shall maintain a record of such estimates, including the name of | 265 |
|
each person from whom an estimate is solicited. The county or | 266 |
|
contracting authority shall maintain the record for the longer of | 267 |
|
at least one year after the contract is awarded or the amount of | 268 |
|
time the federal government requires. | 269 |
| (D) The purchase is made by a county department of job and | 281 |
|
family services under section 329.04 of the Revised Code and | 282 |
|
consists of family services duties or workforce development | 283 |
|
activities or is made by a county board of developmental | 284 |
|
disabilities under section 5126.05 of the Revised Code and | 285 |
|
consists of program services, such as direct and ancillary client | 286 |
|
services, child care, case management services, residential | 287 |
|
services, and family resource services. | 288 |
| (F) The purchase consists of any form of an insurance policy | 294 |
|
or contract authorized to be issued under Title XXXIX of the | 295 |
|
Revised Code or any form of health care plan authorized to be | 296 |
|
issued under Chapter 1751. of the Revised Code, or any combination | 297 |
|
of such policies, contracts, plans, or services that the | 298 |
|
contracting authority is authorized to purchase, and the | 299 |
|
contracting authority does all of the following: | 300 |
| (J) The purchase is made pursuant to section 5139.34 or | 342 |
|
sections 5139.41 to 5139.46 of the Revised Code and is of programs | 343 |
|
or services that provide case management, treatment, or prevention | 344 |
|
services to any felony or misdemeanant delinquent, unruly youth, | 345 |
|
or status offender under the supervision of the juvenile court, | 346 |
|
including, but not limited to, community residential care, day | 347 |
|
treatment, services to children in their home, or electronic | 348 |
|
monitoring. | 349 |
| Any issuer of policies, contracts, plans, or services listed | 364 |
|
in division (F) of this section and any prospective lessor under | 365 |
|
division (I) of this section may have the issuer's or prospective | 366 |
|
lessor's name and address, or the name and address of an agent, | 367 |
|
placed on a special notification list to be kept by the | 368 |
|
contracting authority, by sending the contracting authority that | 369 |
|
name and address. The contracting authority shall send notice to | 370 |
|
all persons listed on the special notification list. Notices shall | 371 |
|
state the deadline and place for submitting proposals. The | 372 |
|
contracting authority shall mail the notices at least six weeks | 373 |
|
prior to the deadline set by the contracting authority for | 374 |
|
submitting proposals. Every five years the contracting authority | 375 |
|
may review this list and remove any person from the list after | 376 |
|
mailing the person notification of that action. | 377 |
| Sec. 307.863. On January 1, 2012, and on the first day of | 410 |
|
January of each year thereafter, the director of commerce shall | 411 |
|
adjust the fifty thousand dollar threshold amount specified in | 412 |
|
division (A) of section 307.86 of the Revised Code, as adjusted in | 413 |
|
any previous year under this section. The director shall adjust | 414 |
|
the amount according to the percentage increase or decrease in the | 415 |
|
United States department of commerce, bureau of economic analysis | 416 |
|
implicit price deflator for gross domestic product, state and | 417 |
|
local governments, from the first day of January of the preceding | 418 |
|
calendar year to the last day of December of the preceding | 419 |
|
calendar year, and shall adjust the amount for the current | 420 |
|
calendar year by multiplying the amount by the percentage increase | 421 |
|
or decrease in the implicit price deflator, state and local | 422 |
|
governments, for that period, adding to or subtracting the | 423 |
|
resulting product from the amount, and rounding the resulting sum | 424 |
|
upward to the nearest multiple of five dollars. In no case shall | 425 |
|
the increase or decrease for any calendar year exceed five per | 426 |
|
cent of the threshold amount existing at the time of the | 427 |
|
adjustment. | 428 |
| Sec. 307.88. (A) Bids submitted pursuant to sections 307.86 | 432 |
|
to 307.92 of the Revised Code shall be in a form prescribed by the | 433 |
|
contracting authority and filed in a sealed envelope at the time | 434 |
|
and place mentioned in the notice. The bids received shall be | 435 |
|
opened and tabulated at the time stated in the notice. Each bid | 436 |
|
shall contain the full name of each person submitting the bid. If | 437 |
the bid is in excess of twenty-fivefifty thousand dollars and for | 438 |
|
a contract for the construction, demolition, alteration, repair, | 439 |
|
or reconstruction of an improvement, it shall meet the | 440 |
|
requirements of section 153.54 of the Revised Code. If the bid is | 441 |
in excess of twenty-fivefifty thousand dollars and for any other | 442 |
|
contract authorized by sections 307.86 to 307.92 of the Revised | 443 |
Code, it shallmay be accompanied by a bond or certified check, | 444 |
|
cashier's check, or money order on a solvent bank or savings and | 445 |
|
loan association in a reasonable amount stated in the notice but | 446 |
|
not to exceed five per cent of the bid, conditioned that the | 447 |
|
bidder, if the bidder's bid is accepted, shall execute a contract | 448 |
|
in conformity to the invitation and the bid. | 449 |
| (B) The board of county commissioners, by a unanimous vote of | 450 |
|
the entire board, may permit a contracting authority to exempt a | 451 |
|
bid from any or all of the requirements of section 153.54 of the | 452 |
Revised Code if the estimated cost is
twenty-fivetwo hundred | 453 |
|
fifty thousand dollars or less. If the board exempts a bid from | 454 |
|
any but not all of those requirements, the bid notice published in | 455 |
|
the newspaper pursuant to section 307.87 of the Revised Code shall | 456 |
|
state the specific bid guaranty requirements that apply. If the | 457 |
|
board exempts a bid from all requirements of section 153.54 of the | 458 |
|
Revised Code, the notice shall state that none of the requirements | 459 |
|
of that section apply. | 460 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 472 |
|
this section and section 5705.44 of the Revised Code, make any | 473 |
|
contract or give any order involving the expenditure of money | 474 |
|
unless there is attached thereto a certificate of the fiscal | 475 |
|
officer of the subdivision that the amount required to meet the | 476 |
|
obligation or, in the case of a continuing contract to be | 477 |
|
performed in whole or in part in an ensuing fiscal year, the | 478 |
|
amount required to meet the obligation in the fiscal year in which | 479 |
|
the contract is made, has been lawfully appropriated for such | 480 |
|
purpose and is in the treasury or in process of collection to the | 481 |
|
credit of an appropriate fund free from any previous encumbrances. | 482 |
|
This certificate need be signed only by the subdivision's fiscal | 483 |
|
officer. Every such contract made without such a certificate shall | 484 |
|
be void, and no warrant shall be issued in payment of any amount | 485 |
|
due thereon. If no certificate is furnished as required, upon | 486 |
|
receipt by the taxing authority of the subdivision or taxing unit | 487 |
|
of a certificate of the fiscal officer stating that there was at | 488 |
|
the time of the making of such contract or order and at the time | 489 |
|
of the execution of such certificate a sufficient sum appropriated | 490 |
|
for the purpose of such contract and in the treasury or in process | 491 |
|
of collection to the credit of an appropriate fund free from any | 492 |
|
previous encumbrances, such taxing authority may authorize the | 493 |
|
drawing of a warrant in payment of amounts due upon such contract, | 494 |
|
but such resolution or ordinance shall be passed within thirty | 495 |
|
days after the taxing authority receives such certificate; | 496 |
|
provided that, if the amount involved is less than one hundred | 497 |
|
dollars in the case of counties or three thousand dollars in the | 498 |
|
case of all other subdivisions or taxing units, the fiscal officer | 499 |
|
may authorize it to be paid without such affirmation of the taxing | 500 |
|
authority of the subdivision or taxing unit, if such expenditure | 501 |
|
is otherwise valid. | 502 |
(2) Annually, theThe board of county commissioners may adopt | 503 |
|
a resolution exempting county purchases of one thousand dollars or | 504 |
|
less from the requirement of division (D)(1) of this section that | 505 |
|
a certificate be attached to any contract or order involving the | 506 |
|
expenditure of money. The resolution shall state the dollar amount | 507 |
|
that is exempted from the certificate requirement and whether the | 508 |
|
exemption applies to all purchases, to one or more specific | 509 |
|
classes of purchases, or to the purchase of one or more specific | 510 |
|
items. Prior to the adoption of the resolution, the board shall | 511 |
|
give written notice to the county auditor that it intends to adopt | 512 |
|
the resolution. The notice shall state the dollar amount that is | 513 |
|
proposed to be exempted and whether the exemption would apply to | 514 |
|
all purchases, to one or more specific classes of purchases, or to | 515 |
|
the purchase of one or more specific items. The county auditor may | 516 |
|
review and comment on the proposal, and shall send any comments to | 517 |
|
the board within fifteen days after receiving the notice. The | 518 |
|
board shall wait at least fifteen days after giving the notice to | 519 |
|
the auditor before adopting the resolution. A person authorized to | 520 |
|
make a county purchase in a county that has adopted such a | 521 |
|
resolution shall prepare and file with the county auditor, within | 522 |
|
three business days after incurring an obligation not requiring a | 523 |
|
certificate, or within any other period of time the board of | 524 |
|
county commissioners specifies in the resolution, a written or | 525 |
|
electronically transferred document specifying the purpose and | 526 |
|
amount of the expenditure, the date of the purchase, the name of | 527 |
|
the vendor, the specific appropriation items from which the | 528 |
|
expenditures are to be made, and any additional information as the | 529 |
|
auditor of state may prescribe. | 530 |
| (3) Upon certification by the auditor or other chief fiscal | 531 |
|
officer that a certain sum of money, not in excess of an amount | 532 |
|
established by resolution or ordinance adopted by a majority of | 533 |
|
the members of the legislative authority of the subdivision or | 534 |
|
taxing unit, has been lawfully appropriated, authorized, or | 535 |
|
directed for a certain purpose and is in the treasury or in the | 536 |
|
process of collection to the credit of a specific line-item | 537 |
|
appropriation account in a certain fund free from previous and | 538 |
|
then outstanding obligations or certifications, then for such | 539 |
|
purpose and from such line-item appropriation account in such | 540 |
|
fund, over a period not extending beyond the end of the fiscal | 541 |
|
year, expenditures may be made, orders for payment issued, and | 542 |
|
contracts or obligations calling for or requiring the payment of | 543 |
|
money made and assumed; provided, that the aggregate sum of money | 544 |
|
included in and called for by such expenditures, orders, | 545 |
|
contracts, and obligations shall not exceed the sum so certified. | 546 |
|
Such a certification need be signed only by the fiscal officer of | 547 |
|
the subdivision or the taxing district and may, but need not, be | 548 |
|
limited to a specific vendor. An itemized statement of obligations | 549 |
|
incurred and expenditures made under such certificate shall be | 550 |
|
rendered to the auditor or other chief fiscal officer before | 551 |
|
another such certificate may be issued, and not more than one such | 552 |
|
certificate shall be outstanding at a time. | 553 |
| In addition to providing the certification for expenditures | 554 |
|
as specified in this division, a subdivision also may make | 555 |
|
expenditures, issue orders for payment, and make contracts or | 556 |
|
obligations calling for or requiring the payment of money made and | 557 |
|
assumed for specified permitted purposes from a specific line-item | 558 |
|
appropriation account in a specified fund for a sum of money upon | 559 |
|
the certification by the fiscal officer of the subdivision that | 560 |
|
this sum of money has been lawfully appropriated, authorized, or | 561 |
|
directed for a permitted purpose and is in the treasury or in the | 562 |
|
process of collection to the credit of the specific line-item | 563 |
|
appropriation account in the specified fund free from previous and | 564 |
|
then-outstanding obligations or certifications; provided that the | 565 |
|
aggregate sum of money included in and called for by the | 566 |
|
expenditures, orders, and obligations shall not exceed the | 567 |
|
certified sum. The purposes for which a subdivision may lawfully | 568 |
|
appropriate, authorize, or issue such a certificate are the | 569 |
|
services of an accountant, architect, attorney at law, physician, | 570 |
|
professional engineer, construction project manager, consultant, | 571 |
|
surveyor, or appraiser by or on behalf of the subdivision or | 572 |
|
contracting authority; fuel oil, gasoline, food items, roadway | 573 |
|
materials, and utilities; and any purchases exempt from | 574 |
|
competitive bidding under section 125.04 of the Revised Code and | 575 |
|
any other specific expenditure that is a recurring and reasonably | 576 |
|
predictable operating expense. Such a certification shall not | 577 |
|
extend beyond the end of the fiscal year or, in the case of a | 578 |
|
board of county commissioners that has established a quarterly | 579 |
|
spending plan under section 5705.392 of the Revised Code, beyond | 580 |
|
the quarter to which the plan applies. Such a certificate shall be | 581 |
|
signed by the fiscal officer and may, but need not, be limited to | 582 |
|
a specific vendor. An itemized statement of obligations incurred | 583 |
|
and expenditures made under such a certificate shall be rendered | 584 |
|
to the fiscal officer for each certificate issued. More than one | 585 |
|
such certificate may be outstanding at any time. | 586 |
| In any case in which a contract is entered into upon a per | 587 |
|
unit basis, the head of the department, board, or commission for | 588 |
|
the benefit of which the contract is made shall make an estimate | 589 |
|
of the total amount to become due upon such contract, which | 590 |
|
estimate shall be certified in writing to the fiscal officer of | 591 |
|
the subdivision. Such a contract may be entered into if the | 592 |
|
appropriation covers such estimate, or so much thereof as may be | 593 |
|
due during the current year. In such a case the certificate of the | 594 |
|
fiscal officer based upon the estimate shall be a sufficient | 595 |
|
compliance with the law requiring a certificate. | 596 |
| (E) Taxes and other revenue in process of collection, or the | 604 |
|
proceeds to be derived from authorized bonds, notes, or | 605 |
|
certificates of indebtedness sold and in process of delivery, | 606 |
|
shall for the purpose of this section be deemed in the treasury or | 607 |
|
in process of collection and in the appropriate fund. This section | 608 |
|
applies neither to the investment of sinking funds by the trustees | 609 |
|
of such funds, nor to investments made under sections 731.56 to | 610 |
|
731.59 of the Revised Code. | 611 |
