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CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2023 — 86 <br />By: Mayor Jones <br />A RESOLUTION RATIFYING AND RETROACTIVELY AUTHORIZING <br />THE SERVICE DIRECTOR TO PURCHASE FROM THORWORKS <br />INDUSTRIES, INC. A CRACKPRO 125DA CRACKSEALER AND RELATED <br />EQUIPMENT ATA TOTAL COST OF $69,638.39, PURSUANT TO STATE <br />PURCHASING PROGRAM, AND DECLARING AN EMERGENCY. <br />WHEREAS, this Council has authorized the expenditure of up to $78,000.00 for a <br />cracksealer pursuant to its 2023 appropriations budget (Ord. No. 2023-10); and <br />WHEREAS, the Director of Public Service determined that Thorworks Industries, Inc., <br />had available the CrackPro 125DA in the amount of $69,638.39, pursuant to the State Purchasing <br />program price (State Contract #153-23); and <br />WHEREAS, this Council must authorize such purchase as an exception to public bidding <br />via the state purchase list; and <br />WHEREAS, it is the desire of this Council to ratify and retroactively authorize the Mayor <br />to enter into a contract with Thorworks Industries, Inc., in the amount of $69,638.39, pursuant to <br />the State Purchasing programs (State Contract #153-23). <br />WHEREAS, pursuant to Ohio Revised Code Section 5705.41(D)(1), the City may not <br />enter into any contract or give any order involving the expenditure of money unless there is <br />attached thereto a certificate of the City's Finance Director that the amount required to meet the <br />obligation has been lawfully appropriated for such purpose and is in the treasury or in the process <br />of collection to the credit of an appropriate fund free from any previous encumbrances; and <br />WHEREAS, Ohio Revised Code Section 5705.41(D)(1) further provides that in such <br />circumstances when no certificate is famished as required and the expenditure is for $3,000.00 or <br />more, the City's Council, as the City's taxing authority, may authorize the drawing of a warrant <br />in payment of amounts due upon such contract or order upon certification by the Finance <br />Director that there was at the time of the execution of such certificate a sufficient sum <br />appropriated for the purpose of such contract in the treasury or in the process of collection to the <br />credit of an appropriate fund free from any previous encumbrances; and <br />WHEREAS, such certificate of the Finance Director is known as a "Then and Now <br />Certificate", meaning that the funds were available when the contract was made and when the <br />amount due under the contract was/is paid; and <br />WHEREAS, the City is issuing Then and Now Certificates in connection with payments <br />due and owing; and <br />WHEREAS, City Council deems it to be in the best interest of the health, safety and <br />welfare of the City to approve the execution by the Finance Director of Then and Now <br />Certificates and to authorize the payment of amounts due under the contracts or orders, requiring <br />the expenditure of $3,000.00 or more. <br />