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File #: 1270-2007    Version: 1
Type: Ordinance Status: Passed
File created: 7/18/2007 In control: Utilities Committee
On agenda: 9/10/2007 Final action: 9/13/2007
Title: To authorize the Director of Finance and Management to establish a purchase order with Apple-Smith Corporation for the purchase of winter asphalt for the Division of Power and Water, to waive the provisions of competitive bidding, to authorize the expenditure of $6,673.36 from the Water System Operating Fund and to declare an emergency. ($6,673.36)
Attachments: 1. Letter to the Director.pdf, 2. Waiver form.pdf
Date Ver.Action ByActionResultAction DetailsMeeting Details
9/13/20071 CITY CLERK Attest  Action details Meeting details
9/12/20071 MAYOR Signed  Action details Meeting details
9/10/20071 Columbus City Council ApprovedPass Action details Meeting details
9/10/20071 COUNCIL PRESIDENT Signed  Action details Meeting details
8/23/20071 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
8/23/20071 Utilities Drafter Sent to Clerk's Office for Council  Action details Meeting details
8/22/20071 Auditor Reviewer Reviewed and Approved  Action details Meeting details
8/22/20071 CITY AUDITOR Reviewed and Approved  Action details Meeting details
8/22/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/21/20071 ODI DIRECTOR Reviewed and Approved  Action details Meeting details
8/21/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/17/20071 EBOCO Reviewer Sent for Approval  Action details Meeting details
8/16/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/13/20071 EBOCO Reviewer Reviewed and Disapproved  Action details Meeting details
8/10/20071 Finance Reviewer Reviewed and Approved  Action details Meeting details
8/10/20071 Finance Reviewer Reviewed and Approved  Action details Meeting details
8/10/20071 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
8/10/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/8/20071 UTILITIES DIRECTOR Reviewed and Approved  Action details Meeting details
8/8/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/7/20071 Utilities Reviewer Reviewed and Approved  Action details Meeting details
8/7/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/7/20071 Utilities Reviewer Sent for Approval  Action details Meeting details
8/6/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/2/20071 Utilities Drafter Sent for Approval  Action details Meeting details
8/2/20071 Utilities Drafter Sent for Approval  Action details Meeting details
7/18/20071 Utilities Drafter Sent for Approval  Action details Meeting details
Explanation
 
The purpose of this legislation is to authorize the Director of Finance and Management to establish a purchase order to pay invoices for winter asphalt purchased from Apple-Smith Corporation for the Division of Power and Water and to waive the requirements of competitive bidding per Columbus City Code Section 329.27.
 
On December 2004 the Purchasing Office established a Universal Term Contract for the purchase of winter asphalt (FL002417) with Apple-Smith Corporation. The expiration date of this contract was April 30, 2007.  On February 23, 2007 the distribution maintenance section established funding from this contract via purchase order UT027184 in the amount of $25,000.00. The personnel in the distribution maintenance section inadvertently exceeded the amount of the certified purchase order and also ordered winter asphalt from the purchase order after it had expired, thereby creating a situation in which the section purchased, received and used the winter asphalt without a certified purchase order.  When the error was discovered in May 2007 the invoices totaled $13,586.47.  A purchase order (FP014527) was issued to pay these invoices in a timely manner, however since that time additional invoices in the amount of $6,673.36 have been presented by Apple-Smith Corporation.  The total amount of all invoices is $20,259.83.
 
Purchasing the winter asphalt without a certified purchase order has no defensible explanation. The distribution maintenance section personnel made an honest mistake. Management has discussed the issue with them and has stressed to them the importance of insuring that they have a certified purchase order prior to ordering material in the future.  
 
This legislation is requesting that the Director of Finance and Management establish a purchase order in the amount of $6,673.36 to pay for the obligation owed to Apple-Smith Corporation, 3040 McKinley Ave., Columbus, Ohio 43204 to cover payment of invoices related to the inadvertent purchase of the winter asphalt from Apple-Smith Corporation.
 
Supplier: The Apple-Smith Corporation (CC #31-1012654, Expires 08/16/2009)
 
Fiscal Impact: $6,673.36
 
Emergency legislation is being requested so that a purchase order and subsequent payment can be made in timely manner.
 
 
Title
 
To authorize the Director of Finance and Management to establish a purchase order with Apple-Smith Corporation for the purchase of winter asphalt for the Division of Power and Water, to waive the provisions of competitive bidding, to authorize the expenditure of $6,673.36 from the Water System Operating Fund and to declare an emergency. ($6,673.36)
 
Body
 
WHEREAS, the Purchasing Office established a Universal Term Contract for the purchase of winter asphalt for the distribution maintenance section (FL002417) with The Apple-Smith Corporation, and
 
WHEREAS, the distribution maintenance section established funding from this contract via purchase order UT027184 in the amount of $25,000.00 with Apple-Smith Corporation for the procurement of winter asphalt, and
 
WHEREAS, the personnel in the distribution maintenance section inadvertently exceeded the amount of the certified purchase order and also ordered winter asphalt from the purchase order after it had expired, thereby creating a situation in which the section purchased, received and used the winter asphalt without a certified purchase order, and
 
WHEREAS, when the error was discovered in May 2007 the invoices totaled to $13,586.47.  A purchase order (FP014527) was issued to cover these invoices in a timely manner, however since that time additional invoices in the amount of $6,673.36 have been presented by Apple-Smith Corporation.  The total amount of all invoices is $20,259.83, and
 
WHEREAS, purchasing the winter asphalt without a certified purchase order has no defensible explanation. The distribution maintenance section personnel made an honest mistake. Management has discussed the issue with them and has stressed to them the importance of insuring that they have a certified purchase order prior to ordering material in the future, and
 
WHEREAS, the Department of Public Utilities, Division of Power and Water is requesting that the Director of Finance and Management establish a purchase order in the amount of $6,673.36 to pay for the obligation owed to Apple-Smith Corporation, 3040 McKinley Ave., Columbus, Ohio 43204 to cover payment of invoices related to the inadvertent purchase of winter asphalt, and
 
WHEREAS, this ordinance is being submitted in the accordance with Columbus City Code Section 329.27 to waive the provisions of competitive bidding, and
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Power and Water in that it is immediately necessary to establish a purchase order with Apple-Smith Corporation so that a purchase order and the subsequent payment can be made in a timely manner for the immediate preservation of the public health, peace, property and safety; now, therefore
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
 
 
Section  1. That the Director of Finance and Management be and is hereby authorized to establish a purchase order with Apple-Smith Corporation for the purchase of winter asphalt for the Division of Power and Water.
 
Section 2. That the expenditure of $6,673.36 or so much thereof as may be needed, be and the same hereby is authorized from the Water System Operating Fund, Fund No. 600, OCA 602730, Object Level 1: 02, Object Level 03: 2198.
 
Section 3. That in accordance with Section 329.27 of the Columbus City Codes, the Columbus City Council finds it in the best interest of the City of Columbus to waive formal competitive bidding requirements and that Chapter 329 of the Columbus City Code is hereby waived.
 
Section 4. That for the reasons stated in the preamble hereto, where is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure, which shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.