#23-07

PASSED 6/11/07

COMMITTEE REVIEW:	FINANCE COMMITTEE
INTRODUCED BY:	COUNCILMEMBER FRASHER
INTRODUCED ON:	JUNE 11, 2007
DATE OF FIRST READING:	JUNE11, 2007
DATE OF SECOND READING:
DATE OF THIRD READING:
EMERGENCY CLAUSE:	YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:	YES/NO

AN ORDINANCE AUTHORIZING AND DIRECTING THE MUNICIPAL MANAGER TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION COOPERATIVE PURCHASING PROGRAM; AND DECLARING AN EMERGENCY.

WHEREAS Section 5513.01 (B) of the Ohio Revised Code provides the opportunity for Municipal Corporations to participate in contracts of the Ohio Department of Transportation for the purchase of machinery, material, supplies or other articles; and

WHEREAS the Village of Sebring may realize a cost savings on certain machinery, material, supplies or other articles purchased through the Ohio Department of Transportation Cooperative Purchasing Program.

NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO:

Section 1:        That the Municipal Manager is hereby authorized in the name of the Village of Sebring 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 Revised Code Section 5513.01 (B).

Section 2:        That the Municipal Manager is hereby authorized to agree in the name of the Village of Sebring to be bound by all terms and conditions as the Director of Transportation prescribes.

Section 3:        That the Municipal Manager is hereby authorized to agree in the name of the Village of Sebring to directly pay vendors, under such contract of the Ohio Department of Transportation in which the Village of Sebring participates, for items it receives pursuant to the contract.

Section 4:        That the Village of Sebring agrees to hold the Director of Transportation and the Ohio Department of Transportation harmless for any claim or dispute arising out of participation in a contract pursuant to Ohio Revised Code Section 5513.01 (B).
           
Section 5:        That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council, and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 6:        That this Ordinance is hereby determined to be an EMERGENCY MEASURE necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Municipality of Sebring, Ohio and for the further reason that the same is necessary to ensure the timely participation in the Cooperative Purchasing Program.

	_____________________________ JOHN W. SMITH Mayor/President of Council
ATTEST:	APPROVED AS TO LEGAL FORM:
_________________________ Malea G. Sanor Clerk of Council	_________________________ Andrew L. Zumbar Assistant Solicitor