Explanation
Background: This legislation authorizes an amendment to Ordinance No. 2845-2024, passed by Columbus City Council on November 18, 2024, to allow for a correction of the name of the subrecipient, correct the agreement type, allow for advance payments, and allow for contract modification to address additional risks (if any) identified during the contract term without having to return to City Council for approval.
Ordinance No. 2845-2024, passed by Columbus City Council on November 18, 2024, authorized the Director of the Department of Public Utilities to execute a sub-recipient agreement with the Human Service Chamber of Franklin County for the commercial energy audit and technical assistance program.
During contract negotiations, it was discovered that the 501(c)4 agency name was inadvertently listed, rather than the vendor's 501(c)3 agency name. The federal grant funding of this contract allows subawards only with 501(c)3 agencies. The correct agency name for this contract is The Human Service Chamber Foundation. Additionally, the city agreement type used for a federal subaward should be a Subrecipient Agreement - Not-for-Profit Service Contract, and the agreement will be structured for payment of advance funds from the City on a predetermined schedule throughout the term of the contract, as was requested by the City and approved by the US Department of Energy in the grant application. Finally, to address any potential risk that may arise during the term of the service agreement, the City seeks approval to modify the contract without returning to City Council for approval, only for purposes of addressing risk, not for changes to the scope, term, or funding. This permission is needed when utilizing federal funds because the City is required to evaluate and monitor for risk before and during the term of the contract. If the level of risk changes during the term of the contract, the City has an obligation to institute controls to reduce the risk, such as requiring additional reports or management responsibilities. This allows the Director to modify the contract for risk issues only, allowing for efficient management of federal funds.
Emergency Justification:
Emergency action of this ordinance is requested so that the amendments made are effective when Ordinance No. 2845-2024 is effective.
Principal Parties:
The Human Service Chamber Foundation
966 S. High Street
Columbus, OH 43206
(614) 429-4238
Contract Compliance Number: 028003
Contract Compliance Expiration Date: 10/21/2026
Title
To amend Ordinance No. 2845-2024, passed by Columbus City Council on November 18, 2024, to allow for a correction of the name of the subrecipient, correct the agreement type, allow for advance payments, and allow for contract modification to address additional risks, if any, identified during the contract term without having to return to City Council for approval; and to declare an emergency. ($0.00)
Body
WHEREAS, Ordinance No. 2845-2024, passed by Columbus City Council on November 18, 2024, authorized the Director of the Department of Public Utilities to execute a sub-recipient agreement with the Human Service Chamber of Franklin County for the commercial energy audit and technical assistance program; and
WHEREAS, during contract negotiations it was discovered that the incorrect agency name was included in the authorizing ordinance, the contract type was incorrect, that City Council approval of advance payments is required, and a request to modify the contract without City Council approval to address risk issues was inadvertently left out of the original ordinance; and
WHEREAS, the Director of the Department of Public Utilities requests that Ordinance No. 2845-2024 be amended in order to correct the organization name, correct the contract type, request authorization to advance funds upon a predetermined schedule, and to modify a contract to address risk (if any) without returning to City Council for approval; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities in that it is immediately necessary to amend Ordinance 2845-2024, passed by Columbus City Council on November 18, 2024, so that the amendments made are effective when Ordinance No. 2845-2024 is effective, all for the preservation of the public health, peace, property, safety, and welfare and, NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 2 of Ordinance No. 2845-2024 is hereby amended as follows, with additions in underline and deletions in strikethrough:
SECTION 2. That the Director of Public Utilities be and is hereby authorized to enter into a Subrecipient Agreement - Not-for-Profit Service Contract sub recipient agreement with The Human Service Chamber of Franklin County Foundation to administer the Energy Efficiency and Conservation Block Grant on behalf of the Department of Public Utilities for the commercial energy audit and technical assistance program, to allow for advance payments based upon the terms of the contract, and to modify the contract to address risk-related issues without returning to City Council for approval.
SECTION 2. That existing Section 2 of Ordinance No. 2845-2024 and all references in the Background section and recitals of Ordinance No. 2845-2024 inconsistent with this ordinance are hereby repealed.
SECTION 3. That the title of Ordinance No. 2845-2024 is hereby amended as follows, with additions in underline and deletions in strikethrough:
Title
To authorize the Director of Public Utilities to enter into a grant agreement with the Department of Energy for the commercial energy audit and technical assistance program and accept a grant in the amount of $778,900.00; to authorize the Director of Public Utilities to enter into a sub recipient agreement Subrecipient Agreement - Not-for-Profit Service Contract with The Human Service Chamber of Franklin County Foundation to administer the Energy Efficiency and Conservation Block Grant on behalf of the Department of Public Utilities for the commercial energy audit and technical assistance program; to authorize advance payments based upon the terms of the contract; to authorize the Director of Public Utilities to modify the contract with the Human Services Chamber Foundation to address risk-related issues (if any) without returning to City Council for approval; to authorize the appropriation of $778,900.00 in the Public Utilities Electricity Grant Fund; and to authorize the expenditure of $778,900.00 from the Public Utilities Electricity Grant Fund. ($778,900.00)
SECTION 4. That the existing title of Ordinance No. 2845-2024 is hereby repealed.
SECTION 5. That all provisions of Ordinance No. 2845-2024 not expressly repealed herein shall remain in full force and effect.
SECTION 6. That for the reason 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.