96-94 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
. 96-94 Passedn_____ _ ____ __n__ ________19_____
Ordmance NO.n__u_
AN Oap:ttl.MCI ~Cgl!fT~lfq '1'111 ;L.QW~~T
AN)) DB8'1' D!!) 1'01t , AC/!)C 1t0WBIt!!!)
MODEMS AND AUTHORIZING THE CITY
. MANAGER TO EXECUTE A CONTRACT
GOVERNING THE PROCUREMENT OF SAID
EQUIPMENT.
WHEREAS, after advertising and receiving bids for 7 AC/DC
powered modems; and,
WHEREAS, council has determined that the bid submitted by
Marsh-McBirney, Inc. in the amount of $24,530.00 for said
equipment is the lowest & best bid;
NOW, THEREFORE BE IT ORDAINE~bY the Council of the City
of Dublin, state of Ohio, of the elected members
concurring:
Section 1. That the bid submitted by Marsh-McBirney in
~he amoun~ of $24,530.00 for a 7 AC/DC powered modems be,
and hereby, is accepted.
section 2. That the City Manager be, and hereby is,
authorized to execute a contract with Marsh-McBirney for
the procurement of said equipment as specified within the
successful bidder's bid proposal and the City bid
documents, both on file within Division of Personnel &
Pu]:'cllasinCJo
Section 3. That this Ordinance shall take effect and be
in force on the earliest date permitted by law.
Passed this ~ /S-r day of ?1~~ , 1994.
MaYO~~ing Officer
v
ATTEST:
~{I-~
Clerk of Council
Sponsors: City Manager
Director of Personnel & Purchasing
Assistant Service Director
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MEMORAHDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager ! ~
SUBJECT: Modem Bid Process
DATE: October 13, 1994
BY: David L. Harding, Director of Personnel & Purchasing ~
Attached for your consideration please find Ordinance No. 96-94 accepting the
lowest and best bid for seven (7) AC/DC powered modems to be used by the Division
of Maintenance in its ongoing Infiltration and Inflow (I&I) reduction program.
This equipment will be used for the purpose of transmitting data collected by
various flow monitoring devices to a central computer where the data will be
collected and analyzed. Also attached for your reference is a copy of the bid
tabulation.
Although staff pursued formal advertising and competitive bidding procedures, the
City only received one bid (Marsh-McBirney). This, however, was not unexpected
in that the City already makes use of several flow monitoring devices
manufactured by Marsh-McBirney and compatibility between the flow monitoring
devices and the modems is essential. Prior to the initiation of formal
advertising and competitive bidding procedures, staff evaluated whether it could
treat acquisition of the modems as a "sole source" purchase, thereby eliminating
the time and effort associated with conducting formal advertising and competitive
bidding procedures.
Given the belief that only one manufacturer could meet the needs of the City,
from a compatibility standpoint, staff did explore the feasibility of purchasing
the needed equipment without formal advertising and competitive bidding via a
"sole source" justification. Unfortunately, neither the Charter nor the Ohio
Revised Code recognizes "sole source" a valid justification for municipal
corporations to waive formal advertising and competitive bidding procedures. In
the absence of such a provision, the Law Director's Office advised staff to
employ formal advertising and competitive bidding procedures as a means of
validating the belief that the purchase truly is "sole source".
To ensure that the opportunity to bid was widely publicized, the City went beyond
the requirements to advertise in a newspaper of general circulation. To
supplement advertising efforts, staff used Bid Net, a service that provides a
link between vendors and governmental agencies by publicizing bid notices to
vendors on a nationwide basis.
The fact that the City received a bid from only the vendor it expected to bid
lends credence to staff's initial belief that the purchase truly was "sole
source".
As stated previously, the City has been using flow monitoring devices
manufactured by Marsh-McBirney for a number of years and these devices have
proven to be reliable, state-of-the-art equipment. Marsh-McBirney is a reputable
vendor with reliable products and, in light of the circumstances, staff
recommends that the bid from Marsh-McBirney in the amount of $24,530 be accepted.
Mr. MCDaniel, Assistant Service Director, will be in attendance at the October
17, 1994 Council Meeting should you have any questions concerning the technical
operation and functionality of the modems.
/tb
Attachments