84-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co.
Form No. 30043
84-98 -------------19--------
_ Passed- ----- --- -- -- - -- ------ -- --
Ordinance No_______________________.-
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT FOR
REHABILITATION OF THE ARTWORK KNOWN AS
"OUT OF BOUNDS", WITHOUT COMPETITIVE
BIDDING, APPROPRIATING FUNDS THEREFOR, AND
DECLARING AN EMERGENCY
WHEREAS, an urgent need exists for the rehabilitation of the "Out of Bounds" artwork
located in Avery Park; and
WHEREAS, such rehabilitation will relieve safety and liability concerns associated with
the present artwork; and,
WHEREAS, specialized expertise is required to properly rehabilitate such artwork to
preserve the original artistic character of such work; and
WHEREAS, such specialized expertise is deemed to be a professional service in
accordance with Section 37.02(E) of the Dublin Codified Ordinances, and, therefore,
pursuant to Section 8.04(d) of the Revised Dublin Charter and Section 37.04(C) of the
Dublin Codified Ordinances, such rehabilitation is not subject to competitive bidding
requirements; and
WHEREAS, the annual appropriations must be amended to provide adequate funding to
complete the necessary rehabilitation;
NOW, HEREFORE BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, ~ of the elected members concurring:
ion 1 • That the City Manager be, and hereby is, authorized to enter into a contract for
the rehabilitation of the above referenced artwork without competitive bidding;
ion 2• That there be appropriated from the unappropriated balance in the
HOTEL/MOTEL TAX FUND the sum of Forty Thousand Dollars ($40,000.00) to Account
No. 17-02-11-2510 to provide for adequate funding to complete the above referenced
rehabilitation.
io , .That this Ordinance is hereby declared to be an emergency measure necessary
for the preservation of the public health, safety, and welfare in that rehabilitation of the
above referenced artwork is needed as soon as possible to alleviate concerns regarding the
safety and welfare of the public participating in activities with Avery Park. Therefore, this
Ordinance shall take effect and be in force immediately upon passage.
Passed this C~ day of ,/ , 1998.
~.
Officer
ATTEST: were posted
{ he~ehy cent;fy that copies of this Ord=name/Resetutioa
Gty of Dublin in accordance wits Section 131.25 of the Ohio Revised
~~ ~2~
Clerk of Council ~~ het nt C ~c;{. ~t,b i , Oi~it+
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Division of Human Resources /Procurement
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-761-6500 • Fax: 614-761-2965
CITY OF DUBLIN
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Date: July 16, 1998
Re: Attached Ordinance No. 84-98 ("Out of Bounds" Rehabilitation Project)
By: David L. Harding, Director of Human Resources/Procurement
Fred Hahn, Director of Grounds & Facilities ~{,
Memo
Attached for your consideration is Ordinance No. 84-98 authorizing the City Manager to enter into a contract for the rehabilitation
of the "Out of Bounds" artwork (located within Avery Park) without competitive bidding. In addition, Ordinance No. 84-98 also
authorizes the appropriation of $40,000.00 to fund this rehabilitation project.
"Out of Bounds" is a public art project erected several years ago consisting of a series of large metallic soccer balls scattered
throughout Avery Park. After several years in existence, the artwork is in need of considerable rehabilitative work. 'The nature
of the work to be performed under this rehabilitation project requires specialized expertise in order to preserve the original artistic
character of artwork.
Given the unique nature of the project and the inherent specialized expertise necessary to properly rehabilitate the artwork, Staff
believes the work to be performed qualifies as a "professional service", and, therefore, is not subject to competitive bidding
requirements. Section 8.04(d) of the Revised Dublin Charter and Section 37.04(C) of the Dublin Codified Ordinances establish
that contracts for professional services shall not be subject to competitive bidding requirements. Section 37.02(E) of the Dublin
Codified Ordinances defines "Professional Services" as "services that usually require education, training or expertise to an
advanced, specialized or significant degree including, without limitation, such as services as those performed by attorneys,
architects, engineers, accountants, physicians, insurance brokers/agents, and/or third party administrators". In applying this
definition to the nature of the above referenced project, Staff believes that the specialized expertise required to properly complete
the scope of services for this project justifies the work to be performed as a "professional service".
The process utilized by Staff in seeking a firm to complete this project involved a Request for Proposals (RFP). A scope of services
was developed outlining the necessary elements of the project and the RFP was directed to three particular firms with the requisite
expertise and qualifications to properly complete the work. Staff received proposals from all three (3) fums and fully analyzed
each to ensure that the methodology proposed by each was responsive to the scope of services. The proposal tentatively selected
by Staff to perform the work was the lowest (pricewise) of the three (3) proposals. Staff then forwarded the preferred proposal
to the artist who completed the original artwork for review. The original artist concurred that the methodology proposed by the
preferred fain (Metaldelphia Design & Custom Fabrication) would properly restore the artwork while preserving its original artistic
character.
As mentioned previously, the attached legislation appropriates funds in order that this project may be completed. Staff is
recommending that the sum of $40,000.00 be appropriated from the unappropriated balance in the HOTEL/MOTEL TAX FUND
to fund this project.
Please note that the attached legislation also contains emergency language. Staff recommends that Ordinance 84-98 be adopted
as emergency legislation for the reason that rehabilitation of the artwork is needed as soon as possible to alleviate concerns
regarding the safety and welfare of the public participating in activities within Avery Park.
TCH/DLH/ksf
Attachment
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