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28-95 Ordinance AMENDED ----_....~,,--~.'-,,-,--._-_._------- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. uu28'~.9S_____(AKENDED) Passedmnu _m__nm_______n___ nnnu_nmnn19u.__n AN ORDJ:NANCB AUTHORJ:ZJ:NG THE PURCHASB 01' OUTDOOR WARBJ:NG SYSTEK COMPO:HDITS WJ:THOUT I'ORKAL ADVERTJ:SING , COMPETITJ:VE BJ:DDJ:NG, AND DBCLARING AN BKBRGDCY. ..~'~ WHEREAS, a critical need exists to purchase components for the City of Dublin outdoor warning system; and, - WHEREAS, the cost of these components will exceed $10,000 (but in no case exceed the $70,000 budget authorization), which would require the City to comply with formal advertising and competitive bidding procedures; and, WHEREAS, in the interest of preserving the public health, safety, and welfare, Council desires that these components be purchased and installed in an expeditious manner; and, WHEREAS, section 8.02(B) of the Dublin Charter enables council, by ordinance or resolution adopted by a vote of at least two-thirds of its members, to authorize, without advertising and competitive bidding, contracts or expenditures for any purpose where the statutory or common law of Ohio does not require competitive bidding; and, WHEREAS, section 735.051 of the Ohio Revised Code enables the legislative authority of a City to authorize, by a two-thirds vote of its members elected thereto, the City Manager, or other duly authorized contracting authority, to enter into a purchasing contract without formal bidding and advertising, ,...... when a real and present emergency arises in connection with the operation of any department, division, commission, bureau, or board of the municipality; and, ..... NOW, THEREFORE, BE IT ORDAINED by the Council of the City of DUblin, State of Ohio, ~ of the elected members concurring: SECTION 1. That, pursuant to section 8.02 of the Dublin Charter and section 735.051 of the Ohio Revised Code, the purchase of outdoor warning system components is hereby authorized, without formal advertising and competitive bidding. SECTION 2. That this Ordinance be, and hereby is, declared to be an emergency measure necessary for the preservation of the public health, safety, and welfare in that the outdoor warning system may be called into service at any point in time and, therefore, should be in peak condition. Therefore, this Ordinance shall take effect and be in force immediately upon passage. ~ . Passed this lOth day of , 1995. - ...... Mayor Offl.cer I herdi':" ~erfJy that co?:es of thi$ Or'rna!lce/~e"llJfI9n were posted in the City of Dublin in accordance wifk Section 731.25 of the Ohio Revised Code. ATTEST: ~C!.-~ Clerk of Council, Dublin, Ohio ~~~ Clerk of Councl.l "'~<"'''-''.'''O'''"'''''.'''''''''''''.;;'-'''''',h''''''''''''4''."~i',.,,,,,,,,,,"f"",".""<;~PH_''',,_,,"'~,~ 11,,1 "., .). .<:11. .:C: --:-- )J...."lII'<l"il ..".......,"",,"'",.,.,"~... ." - . MEMOlUUJDUK '1'0: Members of Dublin City Council PROM: Timothy C. Hansley, City Manager I~ SUBJECT: Purchase of Outdoor Warning System Components DATE: April 4, 1995 BY: David L. Harding, Director of Personnel & Purchasing ~ Attached for your consideration please find Ordinance No. 28-95 authorizing the purchase of outdoor warning system components without formal advertising and competitive bidding. $70,000 was recently approved for this purpose in the capital improvements program budget and this budget assumes the replacement of two existing sirens together with the addition of two new sirens. It is the objective of staff to purchase and install the required components in an expeditious manner; however, in order to meet this objective, it is critical that the purchase of these components be authorized without formal advertising and competitive bidding. In this regard, staff recommends that pursuant to Section 8.02 of the DUblin Charter and Section 735.051 of the Ohio Revised Code, formal advertising and competitive bidding be waived and the purchase of these components be authorized as an emergency measure. Given that the outdoor warning system may be called into service at any moment and, therefore, should be in peak condition, the emergency nature of this purchase is justified. With tornado season fast approach- ing, the emergency purchase of the required components is no doubt in the best interest of the public health, safety, and welfare. In addition, for reasons of compatibility with the existing system, staff also views this as a "sole source" purchase. Staff has """'" identified only one vendor who manufactures the components that would be fully compatible with our needs, which adds further credence to staff's recommendation to waive formal advertising and competitive bidding procedures. Mr. Balbir Kindra, City Engineer will be in attendance at the April 10, 1995 Council Meeting to discuss the specific details regarding the Engineering Division's plan and schedule for the replacement! addition of the sirens and to answer any questions you may have. DLH!mc Attachment ~,