Explanation
BACKGROUND: The purpose of this legislation is to authorize the City Attorney, on behalf of the Civil Service Commission, to modify and increase a Special Legal Counsel Agreement with Porter Wright Morris & Arthur LLP for the purpose of providing final payment for legal services pertaining to matters of employment as set forth in the Scope of Services of the original contract.
The contract language provided for the term of the Contract to be from October 15, 2024 until such time as the need for outside legal counsel concluded or the parties mutually agreed to terminate the Contract. The final invoice has now been received and it is necessary to modify and increase the existing contract to allow for the additional funds to be added to the contract so that the final invoice may be processed for payment.
SUPPLIER: Porter Wright Morris & Arthur LLP (006060) MAJ, Expires 4/3/2027. Porter Wright Morris & Arthur LLP 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.
1. Amount of additional funds: Total amount of additional funds needed for this contract modification No. 1 is $24,488.25. Total contract amount including this modification is $74,488.25.
2. Reason additional funds were nor foreseen: The potential need for additional funds was known at the time of the initial contract. This legislation is to encumber the funds necessary to pay for the balance due on the final invoice.
3. Reason other procurement processes not used: Work under this modification is a continuation of services included in the scope of the original contract. No lower pricing/more attractive terms and conditions are anticipated at this time.
4. How cost was determined: The cost, terms and conditions are in accordance with the original agreement.
FISCAL IMPACT: $24,488.25 is needed for this service. Budget priorities will be reviewed and shifted to make funds available for the payment of this final invoice.
$17,875.00 has been spent to date in 2025.
$29,457.00 was spent in 2024
$0.00 was spent in 2023
EMERGENCY DESIGNATION: The City Attorney, on behalf of the Civil Service Commission, respectfully requests this legislation be considered for emergency action to allow for the prompt payment of this final invoice because, without emergency action, no less than thirty-seven days will be added to this procurement cycle and the timely payment of the additional services, provided by the vendor, will be delayed.
Title
To authorize the City Attorney, on behalf of the Civil Service Commission, to modify and increase the existing contract with Porter Wright Morris & Arthur LLP; to authorize the expenditure of $24,488.25 from the General Fund, and to declare an emergency. ($24,488.25)
Body
WHEREAS, the City Attorney, on behalf of the Civil Service Commission, entered into contract with Porter Wright Morris & Arthur, LLP for Special Legal Counsel; and
WHEREAS, the City Attorney, on behalf of the Civil Service Commission, has a need to modify and increase the Special Legal Counsel Agreement with Porter Wright Morris & Arthur LLP for the purpose of providing final payment for legal services pertaining to matters of employment as set forth in the Scope of Services of the original contract; and
WHEREAS, the contract language provided for the term of the Contract to be from October 15, 2024 until such time as the need for outside legal counsel concluded or the parties mutually agreed to terminate the Contract. The final invoice has now been received and it is necessary to modify and increase the existing contract to allow for the additional funds to be added to the contract so that the final invoice may be processed for payment; and
WHEREAS, this Ordinance is being submitted in accordance with the relevant provisions of Chapter 329 of City Code pertaining to contract modifications and renewals; and
WHEREAS, this Ordinance authorizes the expenditure of $24,488.25 or so much thereof as may be needed, from the General Fund; and
WHEREAS, an emergency exists in the usual daily operation of the City Attorney’s Office in that, it is immediately necessary to authorize the City Attorney, on behalf of the Civil Service Commission, to modify and increase its contract with Porter Wright Morris & Arthur LLP to allow for the timely payment of the additional services through the end of the contract period, all 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 be and is hereby authorized to modify and increase PO476599 with Porter Wright Morris & Arthur LLP for Special Legal Counsel Services pertaining to matters of employment, for the Civil Service Commission, in accordance with the terms and conditions on file in the Office of the Civil Service Commission. Total amount of modification No. 1 is ADD $24,488.25. Total contract amount including this modification is $74,488.25.
SECTION 2. That this modification is in accordance with the relevant provisions of Chapter 329 of City Code relating to contract modifications/renewals.
SECTION 3. That the expenditure of $24,488.25 or so much as may be needed, be and the same hereby is authorized in Fund 1000 General Fund in object class 3 Services per the accounting codes in the attachment to this 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 accounting codes as necessary.
SECTION 5. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contract and agreement modifications / renewals 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.