70-08 Participate in ODOT Purchasing Program

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ORDINANCE N0. 74-4$ By; Antonio, Bullock, Butler, Dever, Madigan, Powers, Summers. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allowed by law, authorizing the Director of Finance, on behalf of the City of Lakewood to participate in the Ohio Department of Transportation (ODOT) purchasing program. WHEREAS, Ohio Revised Code §5513.01(6) and Lakewood Codified Ordinance 111.04(A)(6) authorize the City to purchase from ODOT; and WHEREAS, ODOT is requiring entities that wish to participate in its purchasing program to submit authorizing legislation that contains certain language; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth ir, ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that the City must provide this legislation to ODOT no later than July 11, 2008 in order to participate in their sodium chloride purchasing. Now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1, That the Director of Finance of the City of Lakewood is hereby authorized to participate in the Ohio Department of Transportation contracts for the purchase of machinery, materials, supplies or other articles with the Department has entered into, pursuant to Ohio Revised Code §5513.01(6) and Lakewood Codified Ordinance §111.04(A)(6) Section 2. That the Director of Finance of the City of Lakewood is hereby authorized to agree to be bound by all terms and conditions as the Director of Transportation prescribes. Section 3. That the Director of Finance of the City of Lakewood is authorized to agree to pay vendors, under each such contract of the Ohio Department of Transportation in which the City of Lakewood participates, for items it receives pursuant to the contract. Section 4. That the City of Lakewood agrees to be responsible for resolving all claims or disputes arising out of its participation in the cooperative purchasing program under Ohio Revised Code §5513..01(6). The City of Lakewood releases and forever discharges the Director of Transportation and the Ohio Department of Transportation from alf such claims, actions, expenses, or other damages arising out of its participation in the cooperative purchasing program which the City of Lakewood may have or claim