Cleveland, Oh., Code § 187A.01 et seq. (current through Oct. 9, 2017)
Brief Summary
The law establishes a preference for local producers, local food purchasers, and sustainable businesses in city procurement contracts and purchasing. Bids from these types of businesses are eligible to receive a discount of 2% on bids or evaluation credit of 2%. Businesses can receive multiple discounts/credits for being both local producers and sustainable businesses, up to 4%.
Legal Strategies
Requires something, sets standards.
Creates an incentive for a change.
Limited scope. Only applies to purchasing by the city, and has a voluntary component.
Food System Category: Distribute, Get
State: Ohio
Jurisdiction Type: City
Jurisdiction Name: Cleveland
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Whereas clauses refer to "purchasing local products will reduce the City's . . . Carbon footprint . .. Thereby decreasing . .. Harmful emissions"; encouraging businesses to follow sustainable practices.".
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Whereas clauses refers to the city continuing to "strengthen our local enconomy by supporting local producers"; "acting as a model for local purchasing policies that support both local and regional business development and economic growth"; "encouraging local business to follow sustainable practices will expedie their participation in high-growth sectors of the economy . . which in turn will encourage more graduates to remain in the . .. region and attract new talent.".
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. Whereas clauses refer to several benefits of buying local, including strengthening the regional and Cleveland economy, reducing carbon footprint, etc.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. 187A.01.
Does the law address implementation in some way?
Yes. Includes directions for how the Office of Equal Opportunity is to implement, how bid discounts and evaluation credits should be applied, and requires contracting departments to develop lists of potential eligible businesses. (Sec. 187A.02, .03, and .05).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Contracts can be cancelled and performance bonds declared forfeit. (187A.04). If a business engages in fraudulent activity, they can be charged with a first degree misdemanor, and other legal action can be taken against them, and they can be disqualified from contracting with the city for up to 2 years, and the city could claim damages, including liquidated damages. (187A.09).
Does the law include an evaluation component, beyond reporting on activity?
Yes. The Director of Equal Opportunity must report annually about utilization of this law, and the Council is to reconsider the scope of the law five years after the effective date (187A.07).
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Part One (Administrative Code), Section XV (Purchases and Contracts); Sections 187A.01-.07 and 187A.99 (Local Producer, Local Food Purchaser, and Sustainable Business Preference Code). History: This law was created by Ord No. 1660-A-09 (adopted April 7, 2010).