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AN ORDINANCE AUTHORIZING THE ADMINISTRATOR TO PARTICIPATE IN THE STATE OF OHIO COOPERATIVE PURCHASE PLAN THEREBY WAIVING COMPETITIVE BIDDING PURSUANT TO GROVEPORT CITY CHARTER SECTION 9.02(B) AND THE DECLARATION OF AN EMERGENCY
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WHEREAS, Section 5513.01 (B) provides the opportunity for Counties, Townships, Municipal Corporations, Conservancy Districts, Township Park Districts, Park Districts created under Chapter 1545 of the Revised Code, Port Authorities, Regional Transit Authorities, Regional Airport Authorities, Regional Water and Sewer Districts, County Transit Boards, State Universities or Colleges to participate in contracts of the Ohio Department of Transportation for the purchase of machinery, material, supplies or other articles; and
WHEREAS, the City is permitted to purchase items under the State of Ohio Cooperative Purchase Plan; and
WHEREAS, Section 9.02 (B) of the Groveport City Charter permits the waiving of competitive bidding where the statutory or common law of Ohio does not require competitive bidding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1: That the Administrator hereby requests authority in the name of the City of Groveport to participate in the Ohio Department of Transportation Summer (418-16) and/or Winter (018-16) contracts for road salt.
Section 2: That the Administrator is hereby authorized to agree in the name of the City of Groveport to be bound by all terms and conditions as the Director of Transportation prescribes.
Section 3: That the Administrator is hereby authorized to agree in the name of the City of Groveport to directly pay vendors, under each such contract of the Ohio Department of Transportation in which the City of Groveport participates, for items it receives pursuant to the contract.
Section 4: That the City of Groveport 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 Revised Code. The City of Groveport agrees to waive any claims, actions, expenses, or other damages arising out of its participation in the cooperative purchasing program which the City of Groveport 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 for the reasons stated in the preamble hereto which are made a part hereof, this Ordinance is hereby declared to be an emergency measure, necessary for the preservation of the health, safety and general welfare of the community to the extent that the City will not be able to take part in ODOT's Cooperative Purchase Plan, saving the City a great deal of expense as to its salt supply, unless this Ordinance is enacted in a timely manner; WHEREFORE, this Ordinance shall take effect and be in full force upon passage by Council and signature of the Mayor.
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Lance Westcamp, Mayor
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Ruthanne Sargus Ross, Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director