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File #: 1201-2023    Version: 1
Type: Ordinance Status: Passed
File created: 4/14/2023 In control: Public Utilities Committee
On agenda: 7/10/2023 Final action: 7/13/2023
Title: To authorize the City Attorney, on behalf of the Department of Public Utilities, to modify the contract for special legal counsel services with Taft Stettinius & Hollister LLP for the Divisions of Sewerage and Drainage and Water; to authorize the expenditure of $255,000.00 from the Sewerage and Drainage and Water Operating Funds; and to declare an emergency. ($255,000.00)
Attachments: 1. Ord 1201-2023 Bid Waiver - DOSD and DOW PFAS Legal Services - TaftLaw, 2. Ord 1201-2023 Vendor - Contract - DOSD and DOW PFAS Legal Services - TaftLaw, 3. Taft Law COC Engagement Letter 2023.01.18 signed, 4. Ord 1201-2023 Financial Coding - DOSD and DOW PFAS Legal Services - TaftLaw-v3.pdf, 5. Alpha Codes for Divisions.pdf

Explanation

 

This legislation authorizes the City Attorney to modify and increase the amount of a contract with the law firm Taft Stettinius & Hollister LLP, an Ohio limited liability partnership, for legal services relative to issues related to the Department of Public Utilities’ Divisions of Sewerage and Drainage and Water PFAS Action Plan development as set forth in the Scope of Services.

 

The Divisions of Sewerage and Drainage and Water are a full service utility serving residential, commercial, and industrial customers. The Divisions each currently have approximately 280,000 customer accounts, which include sewerage and drainage and water services to several City buildings and facilities.

The term of this Contract is from date of last execution until such time as the need for outside legal counsel concludes or the parties mutually agree to terminate this Contract, contingent on budgeted funds and approval of City Council. If unforeseen issues or difficulties are encountered that would require additional funding, a modification would be requested.

 

1.   Amount of additional funds: The total amount of additional funds needed for this contract is $255,000.00. City of Columbus shall pay a blended rate of two hundred fifty dollars ($250.00) per hour for said services after the submittal of detailed invoices documenting the work performed. Moreover, the allocated funds encompass a sum of $130,000.00, designated for the provision of support services by Geosyntec Consultants to Taft Stettinius & Hollister LLP.

2.   Reason additional funds were not foreseen: The need for additional funds was unknown at the time of the initial contract.

4.   How cost was determined: Per quote from the law firm and Geosyntec Consultants.

 

SUPPLIER: 

 

Taft Stettinius & Hollister LLP | D365 Vendor #039718 | Federal EIN# On File | Expired 1/11/2025 | Taft Stettinius & Hollister does not hold MBE/FBE status.

 

The company is not debarred according to the Excluded Party Listing System of the Federal Government or prohibited from being awarded a contract according to the Auditor of State Unresolved Findings for Recovery Certified Search.

 

FISCAL IMPACT:

 

$255,000.00 was not budgeted however there are funds available for this purchase.

 

$6,812.50 has been spent in 2023

$0.00 was spent in 2022

$0.00 was spent in 2021

 

EMERGENCY DESIGNATION: 

 

This ordinance is being submitted as an emergency to provide uninterrupted legal services for the immediate preservation of the public health, peace, property and safety.

 

Title

 

To authorize the City Attorney, on behalf of the Department of Public Utilities, to modify the contract for special legal counsel services with Taft Stettinius & Hollister LLP for the Divisions of Sewerage and Drainage and Water; to authorize the expenditure of $255,000.00 from the Sewerage and Drainage and Water Operating Funds; and to declare an emergency. ($255,000.00)

 

Body

 

WHEREAS, the City Attorney’s Office, on behalf of the Department of Public Utilities, Divisions of Sewerage and Drainage and Water, entered into a contract with Taft Stettinius & Hollister LLP for PFAS special legal counsel services; and

 

WHEREAS, it is necessary to modify the contract to provide for additional services; and

 

WHEREAS, the expenditure of $255,000.00, or so much thereof as may be needed, is hereby authorized in Funds 6100 and 6000, Sewerage and Drainage and Water Operating Fund, in object class 03, Services, per the accounting codes attached to the ordinance; and

 

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities,  Division of Sewerage and Drainage and Division of Water, in that it is immediately necessary to authorize the City Attorney, on behalf of the Director of Public Utilities, to modify a contract with Taft Stettinius & Hollister LLP for PFAS special legal counsel services, without delay, to provide uninterrupted legal services for the immediate preservation of the public health, peace, property and safety; now, therefore

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1. That the City Attorney is hereby authorized to modify the contract with Taft Stettinius & Hollister LLP for PFAS legal services on behalf of the Department of Utilities, Divisions of Sewerage and Drainage and Water, to increase the contract amount by $255,000.00.

 

SECTION 3. That the expenditure of $255,000.00 or so much thereof as may be needed, is hereby authorized in Funds 6100 and 6000, Sewerage and Drainage and Water Operating Funds, in object class 03, Services, per the accounting codes attached to the ordinance.

 

SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated and the City Auditor shall establish such accounting codes as necessary.

 

SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.

 

SECTION 6. That for the reasons 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.