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HomeMy WebLinkAbout015-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co, Form No. 30043 Ordinance No, _____l5:~9.O',_ Passed ____ _ mn__u_, _______,__.19__ AN ORDINANCE AUTHORIZING THE PURCHASE I OF SEVEN NEW POLICE CRUISERS WITHOUT FORMAL ADVERTISING AND COMPETITIVE I BIDDING, AND DECLARING AN EMERGENCY I WHEREAS, it is the desire of the City of Dublin to maintain a reliable fleet ofl police cruisers in order to provide the best level of service possible to thel citizens of Dublin; and, I WHEREAS, the City lost two police cruisers in a serious accident on February IS, 1990 and said cruisers need to be replaced immediately; and WHEREAS, Byers Chevrolet has two vehicles with the police package option inl stock that can be delivered immediately; and I WHEREAS , the City is also in need of five (5) additional cruisers; and, I I I I WHEREAS, the City was advised on February IS, 1990 that the deadline for order- ing new 1990 model cruisers is February 23, 1990 and, therefore, there is not sufficient time to conduct a formal advertising and competitive bid process;, and, WHEREAS, Bob McDorman Chevrolet can provide said five (5 ) additional cruisers at the same price as quoted to the City of Columbus through a formal advertis- ing and competitive bid process; and, WHEREAS , Section 8.02(B) of the Dublin Charter enables Council, by ordinance or resolution adopted by a vote of at least two-thirds of its members, to autho- rize, without advertising and competitive bidding, contracts or expenditures for any purpose where the statutory or COmmon law of Ohio does not require com- petitive bidding; and, WHEREAS, Section 73S.0S1 of the Ohio Revised Code enables the legislative authority of a city to authorize, by a two-thirds vote of its members elected thereto, the City Manager, or other duly authorized contracting authority, to enter into a purchasing contract without formal bidding and advertising, when a real and present emergency arises in connection with the operation of any department, division, commission, bureau, or board of the municipality; and, WHEREAS , Council believes that if said police cruisers are not purchased in an expeditious manner, and hence, the City must wait for the 1991 model year, such a situation would present a real and present emergency in that the City would not have a full or reliable fleet of cruisers to adequately provide ani effective level of police services to the citizens of Dublin. I II NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of ii Ohio, ---Z- of the elected members concurring: Section 1. That the purchase of two new 1989 model year police cruisers, I without formal advertising and competitive bidding, from Byers Chevrolet in the amount of $29,800 is hereby authorized. Section 2. That the purchase of five (5 ) additional new 1990 model year police cruisers, without formal advertising and competitive bidding, from Bob McDorman Chevrolet in the amount of $68,670.00 is hereby authorized. Section 3. That the total expenditure of $98,470 for the purchase of the seven new police cruisers is hereby authorized. . RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO,__mm'm_'____ Passed mmu_ummm__.m__ mm_'____.19___ Section 4. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary for the preservation of the public peace, safety, health, and welfare and, therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this 19th day of February , 1990. ~ J7i:~; ~or - presid~Officer I...- Attest: f') J Aa.?vl'f<;! ~. Z'/A-A-#-,J Clerk of Council Sponsors: City Manager Chief of Police Director of Personnel and Purchasing I h",,,"u CM.:r'l tl."t ' ". ~ ,. , l.....j':,~i' t~",J '. _~'-,.j r!)'i ns C't' 1') ,'11"', t"l!'11"l......./..... I ,. . . " " "'. ,> ,C,,' . ',(1 ~'lf)rl'! nosted ;n the CIty of Dublm :n ac,:ord:l1:e vdll Ser!:on 71 i 25 ~r' r'lle 0": R' : d C d v, u. ",D ev.se 0 e.. ~~'q.~4~ . Clerk of Council: Dub 'n, Ohio 'j . . ADMINISTRATIVE REPORT TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager SUBJECT: Emergency Purchase of Police Cruisers DATE: February 16, 1990 BY: David L. Harding, Director of Personnel & Purchasing SUMMARY & ACTION RECOMMENDED Attached for your consideration please find Ordinance No. 15-90 authorizing the purchase of seven new police cruisers, without formal advertising and competi- tive bidding, and declaring an emergency. As indicated in the attached ordin- ance, and as will be discussed in the following section, this action involves the purchase of police cruisers from two different vendors for two different reasons. Both reasons, however, require actions of an emergency nature. Although Staff does not feel particularly comfortable with requesting Council to authorize the purchase of $98,470 in new vehicles on an emergency basis, Staff truly believes that, given the circumstances, such a measure is warranted. ISSUE - The central issue in this matter is the emergency nature of the above mentioned purchase of police vehicles and whether, given the facts and circumstances, emergency action is truly required and warranted. At the time the following circumstances and events arose, Staff was in the process of revising the bid documents for the purchase of new cruisers and was just about to formally advertise for competitive bids for six (6) new 1990 model year police cruisers. However, Staff did not feel it had the authority to actually place bid advertisements and initiate the bid process until the funds for such a purchase were formally appropriated by Council in the 1990 Appropriations Ordinance, which was just adopted on February 5, 1990. On February 15, 1990 Staff was advised that the deadline for ordering new 1990 model cruisers, imposed by the factory, was February 23, 1990. Given these circumstances, Staff does not have sufficient time to advertise for bids for two consecutive weeks, as required by the Dublin Charter, allow sufficient time for the submission of bids, evaluate the bids, and bring its recommendation to Council regarding an award. The earliest Staff could complete this process would be somewhere around March 9, 1990. The consequence of not meeting the February 23, 1990 ordering deadline is that the City could not take delivery of any new police cruisers until production of the 1991 model year had been initiated and that would begin in the Fall of 1990. Therefore, it is quite possible the City would not be able to take delivery of the new vehicles until November or December of 1990. In checking, Staff identified that Bob McDorman Chevrolet would provide police cruisers to the City of Dublin at the same price ($13,734 per vehicle) it quoted to the City of Columbus through a formal competitive bid process, however, the . . . order would need to be in no later than February 23, 1990. This price is exactly the same as the per vehicle price the City of Dublin paid for its cruisers through a competitive bid process in 1989, which represented the lowest and best bid for a 1989 model year. We would be acquiring 1990 model year vehicles at the same price per vehicle as we paid for 1989 model year vehicles. On February 15, 1990, approximately two hours after Staff was advised about the February 23, 1990 deadline for ordering new police cruisers, the City lost two cruisers in a serious accident. It is critical that the City replace these two cruisers immediately. Again, in checking, Staff identified that Byers Chevrolet has two new 1989 vehicles in stock with the police package option that can be delivered to the City immediately. The per vehicle purchase price from Byers is $14,900. Although this price is $1,166 above the price quoted by McDorman for new 1990 vehicles, the City needs to replace the two lost cruisers immediately and, therefore, in Staff's judgement, the purchase of said vehicles at the price of $14,900 is warranted. As outlined in the attached Ordinance, Council may authorize purchases of the aforementioned nature, without formal advertising and competitive bidding, pursuant to Section 8.02(B) of the Dublin Charter and Section 735.051 of the Ohio Revised Code. CONCLUSION Given the facts and circumstances noted previously, Staff believes that the purchase of the aforementioned seven police cruisers on an emergency basis, and without formal advertising and competitive bidding, is truly justified and warranted. Therefore, Staff recommends that Council adopt Ordinance No. 15-90.