035-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._u____3_5~_~2____ P assed________ ___ u___ ____ u_____ ------- _____19_____ I
r AN ORDINANCE ACCEPTING THE LOWEST
L.-
AND BEST BID, ON A PRICE PER UNIT
BASIS, FOR PORTABLE RADIOS & I
ACCESSORIES, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
FOR THE PROCUREMENT OF SAID
EQUIPMENT, AND DECLARING AN
EMERGENCY.
WHEREAS, after advertising and receiving bids on a price per unit basis for
portable radios and accessories; and,
WHEREAS, Council has determined that the bid submitted by Motorola
Communications & Electronics, Inc, for said equipment, as listed in the attached
bid tabulation, is the lowest and best bid;
NOW, THEREF?JE BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
Section 1. That the bid submitted by Motorola Communications & Electronics,
r Inc. for portable radios and accessories, as listed in the attached bid tabulation,
is hereby accepted.
\......
Section 2. That the City Manager is hereby authorized to enter into a contract
with Motorola Communications & Electronics, Inc, for the procurement of said
equipment based upon the per-unit prices specified within the said bidder's bid
proposal on file within Division of Personnel & Purchasing.
Section 3. That this Ordinance is declared to be an emergency necessary to
preserve the public health, safety and welfare and therefore, shall take effect and
be in force immediately upon its passage.
Passed this ~ 6-rh. day of ~. , 1992.
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MEMORANDUM
TO: Members of Dublin City Council
FROM: Timothy C. Hansley, City Manager /
SUBJECT: Portable Radios & Accessories Bid Process
DATE: April 16, 1992
INITIATED BY: David L. Harding. Director of Personnel & Purchasing
~ After advertising for bids for portable radios and accessories, a public bid
, opening was held at 10:00 A.M. on Thursday, April 9, 1992. Attached for your
consideration please find the bid tabulation and Ordinance No. 35-92 accepting
~ the lowest and best bid. Said radio equipment is being purchased for use within
the Division of Police and funding for said equipment has been allocated in the
1992 Budget. Funds have subsequently been appropriated for such expenditures;
therefore, no amendment to the 1992 annual appropriations is required to purchase
said equipment. ($25,000 is contained within the 1992 budget for the purchase
of this equipment.)
As reflected in the attached bid tabulation, bids were requested on a price per
unit basis for two types of radios and corresponding accessories. The actual
purchase will include a mixture of both types of radio equipment based upon the
relative needs of personnel within the Division of Police. Staff is attempting
to economize on its purchase of radios by using less sophisticated, less
expensive equipment (MTX "rotary" radios) where such equipment is suitable.
As also reflected in the attached bid tabulation, the City received one bid which
was submitted by Motorola Communications & Electronics, Inc. In the past, under
such circumstances, individual members of Council have expressed concern
regarding the City's bidding procedure. In this instance, staff expected to
receive only one bid as staff believed the required equipment would be available
through a "sole source" or "single source", as it is referred to in the
purchasing field. In a "sole source" or "single source" situation, there is only
one known vendor who manufactures or can provide the required equipment,
commodity, or supply item. In some organizations, under such circumstances, it
is common practice to avoid competitive bidding procedures as there would be no
apparent utility associated with such an effort. Staff has requested advice from
the Law Director's Office regarding using such a purchasing practice here at the
City of Dublin. however, staff has been advised that the Ohio Revised Code
contains no provision allowing a municipality to waive formal advertising and
competitive bidding procedures for such a purpose. In that regard, staff has
been advised to follow normal advertising and competitive bidding procedures in
order that no vendor can claim the City is restricting competition. The
underlying rationale is that if by following normal advertising and competitive
bidding procedures, the City does indeed receive a bid from only the vendor it
expected, such would verify staff's contention that the commodity or equipment
is indeed a "sole source" or "single source" item. Staff has followed the advice
of legal counsel in this matter, and hence, only one bid has been received from
the source it expected. The reason staff expected a bid from only Motorola is
that only Motorola equipment would be compatible with the City's need to. in the
future, move to an 800 trunking radio communications system. It should be noted
that Motorola has provided radio communications equipment to the City through two
previous bid processes and has been reliable in responding to the needs of the
City from 1989 through 1991.
In analyzing the bid submitted by Motorola, staff has determined that said bid
fully complies with the City equipment specifications and is, therefore, an
acceptable bid. When analyzing the bid prices contained in Motorola's bid,
relative to the bid prices in their 1991 bid proposal, Motorola's 1992 prices for
the STX "display" radios and accessories have not increased. Since the City has
not previously requested bids for the MTX "rotary" radios and accessories, a
price comparison is not available.
-.
In conclusion, given the fact that Motorola's bid fully complies with the city's
equipment specifications and is therefore an acceptable bid, the fact that
Motorola is the "sole source" from which to obtain the required equipment, and
the fact that Motorola has been reliable in serving the needs of the City of
Dublin, staff recommends that said bid be accepted.
In addition. please note that the attached Ordinance has been drafted as
emergency legislation. Staff would respectfully request Council to consider
passage of said legislation as an emergency for the reason that the
aforementioned radio equipment is needed for the upcoming Memorial Tournament.
Having the additional radio equipment for the Memorial Tournament would alleviate
the need to borrow large numbers of radios from other City Departments or
Divisions, thereby avoiding the potential for a public health, safety, or welfare
issue to arise due to a shortage of radios in one of these other Departments or
'-' Divisions.
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