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68-95 Ordinance ^" _ _,~.,~~_- iI. - ," ..... RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. n_6_8~95--n--- p assednn_nm. .n_nn_m____nn_____n __nw__19 ---.- -' AN ORDINANCE AUTHORIZING THE PURCHASE OF MOSQUITO SPRAY WITHOUT FORMAL ADVERTISING ~ AND COMPETITIVE BIDDING, AND DECLARING AN EMERGENCY. ..... WHEREAS, a critical need exists to purchase mosquito spray to control the mosquito population; and, WHEREAS, the cost of this spray will exceed $10,000 (but in no case exceed $35,000), which would require the city to comply with formal advertising and competitive bidding procedures; and, WHEREAS, in the interest of preserving the public health, safety, and welfare, council desires that this spray be purchased and in an expeditious manner; 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 authorize, without advertising and competitive bidding, contracts or expenditures for any purpose where the statutory or common law of Ohio does not require competitive bidding; and, WHEREAS, section 735.051 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 I 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, NOW, THEREFORE, BE IT ORDAIN~ by the council of the city of Dublin, state of Ohio of the elected members concurring; section 1. That, pursuant to section 8.02 of the Dublin Charter and section 735.051 of the Ohio Revised Code, the purchase of mosquito spray is hereby authorized without formal advertising and competitive bidding. section 2. That this Ordinance be, and hereby is, declared to be an emergency measure necessary for the preservation of the public health, safety, and welfare in that an uncontrolled mosquito population represents a serious health threat. Therefore, this Ordinance shall take effect and be in force immediately upon passage. := passed this 17th day of rr ' 1995. ~. Mayor - PreS1 1ng Off1cer ATTEST: (]/l/l fl. ~ . . l' ~. Ri!snlutioll were posted ill t f: '/VI . h.e, 1\9 . / . Clerk of iouncil , hereby cert..tv that tOll'es of ~ .::ser.:;;;;3\.'2S of the Ol,io ReVIsed Cod, City of Dub\in in Qccordance wt . rh h C-. r:-~ ~oj h \ 1. 1 (oun(il I)ltblm. On, (erl< 0\ . , '.""',-'~',,'i:,""'~,~~~"'.,',","'''','.''''~''':II,:,,,.,I . :~:1lI!~,Il'",,,!,,,,,,~~"'1 . _",w-,__,,_,~.-'. _".".-,',',""'~"_____u_'."'.." ~'__~--=',~ ~. ~-;- if 'iIiwI--'-"'.~7 .l':: JII'I T 't... it' ...~'- ... " ~ MEMORANDUM TO: Members of Dublin City Council FROM: Timothy C. Hansley, city Manager I SUBJECT: Purchase of Mosquito Spray without Formal Advertising and competitive Bidding .- DATE: July 13, 1995 BY: David L. Harding, Director of Personnel & Purchasing ~ j'JIl"lllf Attached for your consideration please find Ordinance No. 68-95 authorizing the purchase of mosquito spray without formal advertising and competitive bidding. Staff is recommending that formal advertising and competitive bidding procedures be waived for the reason that an immediate need exists for this spray and there is not sufficient time to conduct formal bidding procedures. Earlier in 1995, the City purchased an initial quantity of spray at a cost of $8,800 under the assumption that such quantity would be sufficient, given the mosquito levels experienced in Dublin the past couple of years. However, a larger than anticipated quantity of spray is now needed due to the fact that an unusually wet Spring and Summer have led to an uncharacteristically large mosquito population which requires more frequent spraying . Given the greater demand for spraying, the initial quantity will be exhausted within about two weeks. It is now apparent that an additional expenditure in the range of $10,000 - $20,000 is required. Given that stock levels will be exhausted in about two weeks and the health risks associated with an uncontrolled mosquito population, the emergency purchase of additional mosquito spray is no doubt in the best interest of the public health, safety, and welfare. Staff ..... therefore, recommends that formal advertising and competitive bidding procedures be waived in order that stock levels can be -- immediately replenished. \tb Attachment , -