Explanation
BACKGROUND: The purpose of this legislation is to amend Ordinance 0493-2024, passed 2/26/2024, which authorized the Director of the Department of Public Safety to expend up to two million dollars for the use of the Franklin County Correction Centers for the housing and transport of City of Columbus prisoners. Franklin County contracts with several local governments, including the City of Columbus for housing and transport of prisoners charged with municipal code violations. The contracts were established under the Ohio Revised Code Section 1905.35. The City of Columbus and Franklin County entered into contract CT-15777 that charges a per diem amount for the housing of City of Columbus prisoners. This contract, signed in 1994 by the County Commissioners and the city, is amended periodically for per diem increases.
Ordinance 0493-2024 is being amended to reflect the updated per diem rate for 2024 to $105: "This year's per diem rate of $104 ($105) per day is an increase of $4 ($5)over last year."
This ordinance also authorizes & directs the Director of the Department of Public Safety to fully execute an amendment to Section 6 of the contract with Franklin County regarding the expenses of transporting prisoners. This amendment was approved by the Franklin County Board of Commissioners through Resolution No. 0812-23 on October 24, 2023.
Emergency Designation: Emergency designation is needed to ensure the timely execution of the contract.
FISCAL IMPACT: The funding for this contract has already been encumbered. If additional funds are needed, a modification will be executed.
Title
To amend Ordinance 0493-2024, passed 2/26/2024, to reflect an updated contract per diem amount; to authorize and direct the Director of the Department of Public Safety to fully execute an amendment to Section 6 of the contract with the Franklin County Board of Commissioners for the housing and transport of prisoners; and to declare an emergency. ($0.00)
Body
WHEREAS, Ordinance 0493-2024 authorized the Director of the Department of Public Safety to execute a revised contract with Franklin County for the housing and transport of prisoners charged with municipal code violations; and
WHEREAS, the funding for this contract has already been encumbered; and
WHEREAS, it is necessary to amend the ordinance to reflect an updated per diem amount for 2024: "This year's per diem rate of $104 ($105) per day is an increase of $4 ($5)over last year."; and
WHEREAS, it is necessary to authorize & direct the Director of the Department of Public Safety to fully execute an amendment to Section 6 of the contract with Franklin County regarding the expenses of transporting prisoners; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety in that it is immediately necessary to amend Ordinance 0493-2024 to reflect an updated per diem rate for 2024 and to authorize & direct the Director of the Department of Public Safety to fully execute an amendment to Section 6 of the contract with Franklin County regarding the expenses of transporting prisoners, to ensure timely execution of the revised contract, for the immediate preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Ordinance 0493-2024 is amended to reflect the updated per diem amount for 2024: "This year's per diem rate of $104 ($105) per day is an increase of $4 ($5)over last year."
SECTION 2. That the Director of the Department of Public Safety is hereby authorized and directed to fully execute an amendment to the contract with the Franklin County Board of Commissioners for the housing and transport of prisoners, which states as follows:
Section 6 of the Original Contract is hereby deleted and replaced by the following:
6. All expenses of transporting prisoners, except prisoner convey between the Correction Centers and Municipal Court as specified in paragraph 5, including their return to the place from which they were sentenced and including the expense of retaking prisoners who may violate any probation when such probation is granted with the consent of the sentencing tribunal, shall be paid in all cases by the Municipality in the following manner:
The allocated share of the expenses of transporting prisoners, net of any reimbursement from the Franklin County Municipal Court, shall be apportioned on the same basis made applicable to all political subdivisions, which shall be fifty per cent (50%) on the basis of population and fifty per cent (50%) on the basis of the real property, tangible personal property, and public utility tax duplicate of each political subdivision in the County.
The charges shall be in arrears so that payment reflects the prior year costs. Following the initial payment, a reconciliation shall be made each year and adjustments between actual and charged expenses. Notice of the amount shall be provided to each political subdivision by November 1 of each year.
SECTION 3. 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 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is 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.