Explanation
1. BACKGROUND
The Department of Public Service and the Department of Public Utilities are responsible for snow and ice control and removal on the City's roadway system. Rock salt is used extensively in these operations. It is necessary for the Department of Public Service and the Department of Public Utilities to have the ability to purchase rock salt for the 2011 - 2012 winter season.
The Ohio Department of Transportation (ODOT) is in the process of establishing its annual cooperative purchasing contract, Contract Number 018-12, which allows participating government agencies to purchase rock salt from a selected vendor. The vendor for this contract will be determined by ODOT.
ODOT will bid the cooperative purchasing contract as a cooperative contract for use by other governmental agencies, in accordance with Chapter 5513.01 (B) of the Ohio Revised Code.
The purpose of this legislation is to authorize the Director of the Department of Finance and Management to enter into a contract with ODOT to participate in the cooperative purchasing contract and enter into a contract with ODOT's selected vendor (to be determined at a later date) for the purchase of rock salt, per the guidelines of the cooperative purchasing contract.
This legislation also authorizes the Director of the Department of Finance and Management to establish blanket purchase orders with ODOT's selected vendor for the Department of Public Service and the Department of Public Utilities.
The funding on this ordinance is for expenses that will occur during the winter months of 2011-2012.
2. WAIVER OF COMPETITIVE BIDDING
The purpose of the cooperative purchasing contract is to utilize the buying power of several agencies to obtain the best price available for a necessary commodity. The Department of Public Service and the Department of Public Utilities are requesting that City Council to waive the applicable competitive bidding requirement of the city code in order to facilitate this procurement of rock salt.
3. FISCAL IMPACT
$1,500,000.00 is required and is budgeted in the Department of Public Service 2011 Municipal Motor Vehicle License Tax Fund. $55,000.00 is required and budgeted in the Sewerage System and the Water Systems Operating Funds.
4. EMERGENCY DESIGNATION
The Department of Public Service and the Department of Public Utilities are requesting this ordinance be considered an emergency measure, in order to ensure that it meets ODOT's cooperative purchasing deadline.
Title
To authorize the Director of the Department of Finance and Management to enter into a contract with the Ohio Department of Transportation (ODOT) and a yet to be named vendor, for the purchase of rock salt, based on the terms of a cooperative purchase contract to be established by ODOT; to authorize the Director of Finance and Management to establish blanket purchase orders for rock salt; to authorize the expenditure of $1,500,000.00 from the Municipal Motor Vehicle License Tax Fund, $10,000.00 from the Sewerage Systems Operating Fund, and $45,000.00 from the Water Systems Operating Fund; to waive competitive bidding provisions of section 329.06 of the Columbus City Code; and to declare an emergency. ($1,555,000.00)
Body
WHEREAS, the Department of Public Service and the Department of Public Utilities are responsible for snow and ice control and removal on the City's roadway system; and
WHEREAS, rock salt is used in this operation; and
WHEREAS, a Cooperative Purchasing Contract will be established by the Ohio Department of Transportation (ODOT), namely Contract Number 018-12, for use by the state's public entities, for the option to purchase rock salt for the 2011-2012 winter season; and
WHEREAS, it is necessary to waive section 329.06 of the competitive bidding provisions of the Columbus City Code; and
WHEREAS, it is necessary to authorize the Director of Finance and Management to enter into a contract with ODOT, to participate in the cooperative purchasing contract for the purchase of rock salt; and
WHEREAS, it is necessary to authorize the Director of Finance and Management to enter into a contract with ODOT's selected vendor, once said vendor is determined, for the purchase of rock salt; and
WHEREAS, it is necessary to authorize the Director of Finance and Management to establish purchase orders for the purchase of rock salt; and
WHEREAS, it is necessary to authorize additional appropriation to establish purchase order for the Department of Public Service; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service and the Department of Public Utilities, in that it is immediately necessary to authorize the Director of Finance and Management to enter into a contract with ODOT and with ODOT's selected vendor (to be determined), and to authorize the Director of Finance and Management to establish purchase orders for the purchase of rock salt, consistent with the terms and conditions of the ODOT cooperative purchase contract, in order to assure an uninterrupted supply of this critical commodity, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Finance and Management hereby requests authority in the name of the City of Columbus to participate in the Ohio Department of Transportation contracts for the purchase of machinery, material, supplies, or other articles which the Department has entered into pursuant to Ohio Revise Code Section 5513.01 (B).
SECTION 2. That the Director of Finance and Management is hereby authorized to agree in the name of the City of Columbus to be bound by all terms and conditions as the Director of Transportation prescribes.
SECTION 3. That the Director of Finance and Management is hereby authorized to agree in the name of the City of Columbus to directly pay vendors, under each such contract of the Ohio Department of Transportation in which the City of Columbus participates, for items it receives pursuant to the contract.
SECTION 4. That the City of Columbus agrees to be responsible for resolving all claims or disputes arising out of its participation in the cooperative purchasing program under Section 5513.01 (B) of the Ohio Revise Code. The City of Columbus agrees to waive any claims, actions, expenses, or other damages arising out of its participation in the cooperative purchasing program with the City of Columbus may have or claim to have against ODOT or its employees, unless such liability is the result of negligence on the part of ODOT or its employees.
SECTION 5. That the expenditure of $1,555,000.00, or so much thereof as may be needed, be and hereby is authorized to be expended as follows:
Fund / O.L 01-03 Codes / OCA
266 / 02-2192 / 591126 / $1,500,000.00
650 / 02-2192 / 605063 / $10,000.00
600 / 02-2192 / 602730 / $45,000.00
SECTION 6. That City Council has determined that it is in the best interest of the City of Columbus that the formal competitive bidding requirements of Section 329.06 of the City Code be and are hereby waived for procurement of rock salt for this contract.
SECTION 7. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 8. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure, and 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.