49-96 Ordinance AMENDED
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- RECORD OF. ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. mm49-96-IAmended\ P assedm_mm_ _____ _m_m_m_m_m_ __m_____19 ____u__
r AN ORDINANCE AMENDING TITLE III OF THE DUBLIN CODIFIED
ORDINANCES TO ESTABLISH CHAPTER 37
..... "CONTRACTING AND COMPETITIVE BIDDING" AND
DECLARING AN EMERGENCY.
WHEREAS, on March 19, 1996, the citizens of the City of Dublin, Ohio
adopted the Revised Charter which will become effective on July 4, 1996;
and,
WHEREAS, the Revised Charter requires Council to establish a threshold,
notice provisions and other procedures for competitive bidding; and,
WHEREAS, the Revised Charter further requires Council to establish
procedures for the alteration or modification of contracts; and
WHEREAS, Council desires to establish exceptions and alternatives to
competitive bidding; and
,-. WHEREAS, Council desires to establish a purchasing preference for products
manufactured with recycled materials;
-
NOW, THEREFORE, be it ordained by the Council of the City of Dublin, Ohio,
~ of the members concurring:
Section 1, That Title \II ("Administration") of the Dublin Codified Ordinances
is hereby amended by deleting sections 35,50, 35,65, 35,66, 35,67, and 35.68
from Chapter 35 ("Taxation and Finance") and establishing a new Chapter 37
("Contracting and Competitive Bidding") as follows:
CHAPTER 37
CONTRACTING AND COMPETITIVE BIDDING
37.01 HOME RULE AUTHORITY
As a "home rule" charter city, Dublin shall not be obligated to follow
Ohio statutory procedures regarding contracting including, but not
limited to, Ohio Revised Code sections 9.312, 9,313, 9.32, 9.33
through 9,332, 153.12-,14, 153,50-.52, 153.54, 153,56, 153,57,
153.571, 153.67-.71, and 735,05-.09 and other applicable sections
,... within O.R.C. 153,
...... 37.02 DEFINITIONS
For the purposes of this Chapter, the following definitions shall apply,
unless the context clearly indicates or requires a different meaning:
(A) Contracting: The process of eritering into a deliberate
verbal or written agreement between the City and competent parties in
accordance with the Ohio Ethics Law for the purchase of goods and/or
services.
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Dayton Legal Blank Co. Form No. 30043
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Ordinance No .----49-96--------- Passedm____ n_________m____.________ ____ n_m___19________
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(8) Competitive Bidding: A contracting method by which the
City develops bid specifications and/or documents, publishes notices
r and/or advertisements soliciting bids by a stated deadline, accepts or
rejects bids, and awards a contract to the lowest and best bidder,
.....
(C)Competitive Bargaining: A contracting method by which
the City solicits proposals and/or quotes, negotiates the terms,
conditions, and other relevant factors, and enters into a contract
advantageous and beneficial to the City,
(D) Cooperative Purchasing: A contracting method by which
the combined and collective efforts of governmental entities share the
advantages and benefits of volume purchasing programs and reduced
administrative expenses including, without limitation, the local
government purchasing programs sometimes referred to as SWOP4 G,
COOPP, a separate program through the Office of State Purchasing
(part of the Ohio Department of Administrative Services) pursuant to
Ohio Revised Code 125,04, and the program arranged by the Ohio
Department of Transportation pursuant to Ohio Revised Code 5513.01,
(E) Professional Services: Services that usually require
education, training or expertise to an advanced, specialized or
r- significant degree, including, without limitation, such services as those
! performed by attorneys, architects, engineers, accountants, physicians,
...... insurance brokers/agents, and/or third party administrators.
(F) Product: Any material, equipment, supplies, commodities
or any similar items purchased by the City in order to fulfill the
operating and/or capital responsibilities of the City,
(G) Recycled Material: Material the components of which, in
whole or in part, would otherwise have been destined for permanent
disposal.
37.03 COMPETITIVE BIDDING AND NOTICE REQUIREMENTS
Pursuant to Revised Charter section 8.04, a threshold amount of
$20,000.00 is established for competitive bidding,
(A) $20,000.00 Or More: As a factor in determining the lowest
and best bid, and for the award of contracts reasonably anticipated by
the City to involve expenditures of $20,000,00 or more, competitive
bidding and legislative authorization shall be required, unless an
,... exception or alternative is otherwise provided by Council.
... (8) Less Than $20,000.00: The City Manager may, without
competitive bidding or further legislative authorization, enter into
contracts for expenditures of less than $20,000.00 for which city funds
have been appropriated.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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Ordinance No ,---u&4.96-m----- P assed_______________ m_m______________ __________19 ______n
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(C)Notice: All bid advertisements or other solicitations for bids
shall be placed, on a timely basis, with a reasonable period allowed for
r- response, at least once in a newspaper of general circulation within the
, City.
......
37.04 EXCEPTIONS AND ALTERNATIVES TO COMPETITIVE
BIDDING
Pursuant to Revised Charter section 8,04, the exceptions and
alternatives to the requirement for competitive bidding set forth in this
Chapter are.deemed to be in the best interest of the City.
(A) No Or Rejected Bids: If no bids are received after the
advertisements or other solicitations required by this Chapter, or if all
bids are rejected, the City Manager shall have the authority to either
seek new competitive bids, or to obtain the goods and/or services for
which funds have been appropriated through competitive bargaining
without further legislative authorization, whichever is deemed to be in
the best interest of the City.
(8) Used Equipment Or Utilities: Regarding contracts for the
purchase of used equipment or utilities such as gas, water, electricity
or telephone service for which funds have been appropriated, the City
,.. Manager shall have the authority to enter into contracts through
competitive bargaining without further legislative authorization,
I......
(C)Professional Services: Pursuant to Revised Charter
section 8,04(d), contracts for professional services are not subject to
competitive bidding requirements and shall not require further
legislative authorization where the operating budget provides sufficient
funding.
(0) Cooperative Purchasing Programs: As an alternative to
both competitive bidding and competitive bargaining, the City Manager
shall have the authority to obtain goods and/or services for which funds
have been appropriated through cooperative purchasing programs
without further legislative authorization, As part of any cooperative
purchasing program, the City Manager may agree that the City will be
bound by contract terms and conditions prescribed by that program,
including, without limitation, payment of a reasonable fee by the City
to cover the administrative costs incurred by the program officials as
a result of purchases by the City, The City Manager may also agree
that the City will pay the vendor directly for items received by the City.
,..... 37.05 ALTERATION AND MODIFICATION OF CONTRACTS
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..... Pursuant to Revised Charter section 8,04, modifications or alterations
to competitively bid contracts shall not require competitive bidding.
(A) Limited To Appropriations: No contract alteration or
modification to a competitively bid contract shall be approved as set
forth below, when the amount of the alteration or modification causes
the contract sum for the project or purchase to exceed the amount
appropriated by Council.
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Dayton Legal Blank Co. Form No. 30043
Ordinance No. -----49-...96--------- P assed____________ ____________________________________19 __u____
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(B) Approval Procedure: An alteration or modification to a
competitively bid contract shall be approved only upon the order of the
r- City Manager or designee. No order shall be effective until the sum to
! be paid under the altered or modified contract is agreed to in writing
i
i
...... and signed by the contractor, the City Manager or designee, and the
Finance Director or designee,
37.06 PURCHASING PREFERENCE FOR RECYCLED MATERIALS
A purchasing preference is hereby established for products
manufactured with recycled material.
(A) Less Than $20,000.00: F or purchases less than
$20,000,00 the following conditions are established:
(1) Products manufactured with recycled material may be
purchased when the following circumstances or conditions
exist:
(a) The price of the product manufactured with recycled
material does not exceed by more than five percent to a
maximum of $1,000, the price of the otherwise lowest and
best quote; and
...... (b )The product that is made of recycled material is of
- equal or superior quality to the product made from non-
recycled material offered in the otherwise lowest and best
quote.
(2) When the additional cost of the product made from recycled
material forces the total price of the product to exceed
$20,000.00, the next lowest and best quote with a price of less
than $20,000,00 shall be purchased,
(B) $20,000.00 Or More: For purchases requiring competitive
bidding, all specifications for manufactured products shall include the
following language:
"Bidder may submit an alternate bid reflecting the price for a like or
similar product which is made of recycled content material. Bidder
shall note what component(s) of the product is (are) made from
recycled material and describe the recycled material. Bidder shall state
what percentage of the total product is made of recycled material.
Products must consist of no less than ten percent recycled material.
Said alternate bid may be accepted if:
..... The price does not exceed 5% or $10,000,00 of the price
.
...... of the otherwise lowest and best bid. The product that is
made of recycled material is of equal or superior quality to
the product made from non-recycled material offered in the
otherwise lowest and best bid; and
· The City determines that the ratio of added cost to the
amount of recycled content is beneficial to justify the
added cost."
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._____ .- --------._- P assedm_m____ __oo_ m____m__moo__ _0__m19 _mOO__
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37.07 AUTHORITY OF CITY MANAGER
r To implement Council policy and procedures as established within this
t Chapter, the City Manager or designee shall have the authority to
I...., promulgate and amend written administrative rules, regulations, and
procedures not inconsistent with this Chapter or the Revised Charter,
Section 2, That this Ordinance is declared to be an emergency measure
necessary for the immediate preservation of the public peace, health, safety
or welfare, and for the further reason that the Revised Charter, effective July
4, 1996, mandates that Council adopt contracting procedures, This ordinance
shall therefore be effective on July 4, 1996,
day of ~ ,1996,
Attest:
...... ~ G-- (!-f'~,I../V
\- Clerk of Council
Sponsored By: Council Member Zawaly and
Council's Administrative Committee
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