Explanation
Background: The Juvenile Bureau of the Columbus Division of Police along with other area agencies have combined efforts with The Children's Hospital Center for Child and Family Advocacy since July 2005 to provide services in a collaborative approach from a central location for the assessment, treatment, protection, investigation and prosecution of child abuse and for the support and treatment for domestic violence victims. Participants include Franklin County Children Services, the Franklin County Prosecutor, the Franklin County Sheriff, and the Columbus Coalition Against Family Violence.
The Division of Police has occupied office space at The Children's Hospital Center for Child and Family Advocacy since July 2005, as authorized under Ordinance #1310-2005, passed on July 27, 2005 and pursuant to the terms of a Memorandum of Understanding and an Operating Agreement that addressed the requirements of the parties. The Operating Agreement requires the City to annually reimburse The Children's Hospital Center for Child and Family Advocacy for the City's prorata share of the operating expenses of the building housing The Children's Hospital Center for Child and Family Advocacy.
The Operating Agreement (Agreement) is actually a lease of office space. The Agreement identified a commencement date but failed to include a termination date, identified an annual office space reimbursement schedule through 2008, and did not provide for a renewal term. In 2007, the contracting corporate entity changed its name to "Center for Child Advocacy at Nationwide Children's Hospital". The Operating Agreement requires an amendment to correct deficiencies in the terms and reflect the change in name of the corporate entity. The City and the Center for Child Advocacy at Nationwide Children's Hospital desire to enter into an amendment to: extend the Agreement by establishing a new term with specified commencement and termination dates; reflect the change of the name of the contracting corporation; replace the existing Participant Exhibit with a new Participant Exhibit; establish the City's "Shared Cost" of office space for the new term; and update address information for the Parties. The Operating Agreement Amendment #1 shall have an effective date of January 1, 2009.
This legislation authorizes the Director of Finance and Management to execute those documents necessary to amend and extend the Operating Agreement for a one (1) year term, and include three (3) automatic one-year renewal terms, each period being subject to the appropriation of funding by City Council and certification of funds availability by the City Auditor; to expend funds for the payment of rent for the one (1) year term beginning January 1, 2009 and ending December 31, 2009 and appropriated within the 2009 Special Income Tax Fund.
Emergency action is requested to provide funding to reimburse the Center for Child Advocacy at Nationwide Children's Hospital in as timely a manner as possible for the 2009 term of the amended Operating Agreement.
Fiscal Impact: This ordinance authorizes the expenditure of $30,537.00 from the 2009 Special Income Tax Fund appropriated pursuant to Ordinance #0087-2009.
Title
To authorize the Director of Finance and Management to execute those documents necessary to amend and extend the Operating Agreement between the City of Columbus and the Center for Child Advocacy at Nationwide Children's Hospital, as successor in interest to The Children's Hospital Center for Child and Family Advocacy, to extend the Operating Agreement for a one (1) year term and provide three (3) automatic one-year renewal terms for the lease of 4,014 square feet of office space located at 655 E. Livingston Avenue, to authorize the expenditure of $30,537.00 from the 2009 Special Income Tax Fund; and to declare an emergency. ($30,537.00)
Body
WHEREAS, the City desires to enter into Operating Agreement Amendment #1 with the Center for Child Advocacy at Nationwide Children's Hospital, to amend and extend a lease of 4,014 square feet of office space located 655 E. Livingston Avenue, Columbus, Ohio for offices for the Juvenile Bureau of the Columbus Division of Police; and
WHEREAS, the parties have agreed that the rent consideration for the 2009 term of the lease shall be $30,537.00 payable in a single annual payment; and
WHEREAS, the City appropriated rental funds within the 2009 Special Income Tax Fund pursuant to Ordinance #0087-2009; and
WHEREAS, it is necessary to authorize the expenditure of rental funds; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to authorize the Director of Finance and Management to execute those documents necessary to enter into Operating Agreement Amendment #1for a one (1) year term, with three (3) automatic one-year renewal periods, each period being subject to the appropriation of funding by City Council, and to expend funds for the payment of rent for the one (1) year initial term to provide funding to immediately reimburse Children's Hospital for the 2009 rent payment, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Finance and Management be, and hereby is, authorized to execute those documents approved by the Department of Law, Division of Real Estate necessary to amend and extend the Operating Agreement, for a one (1) year term by and between the City of Columbus, and The Children's Hospital Center for Child and Family Advocacy for the lease of 4,014 square feet of office space located at 655 E. Livingston Avenue, Columbus, Ohio.
Section 2. That the terms and conditions of the amendment and extension shall be in form approved by the City Attorney's Office and shall include the following:
a) The annual rent shall be $30,537.00, payable in single installment due on January 1, 2009.
b) The term of this Agreement shall be for a one (1) year period commencing on 01/01/2009 and terminating on 12/31/2009, and automatically renewing for three (3) additional one (1) year periods, each period being subject to the appropriation of funding by City Council and certification of funds availability by the City Auditor, and commencing immediately upon the last day of the initial term or any subsequent term.
c) Such other terms and conditions as agreed to and approved by the City Attorney.
Section 3. That the Director of Finance and Management be, and hereby is, authorized to expend $30,537.00 for the one (1) year term of the amended and extended Agreement commencing on 01/01/2009 and terminating on 12/31/2009.
Section 4. That the expenditure of $30,537.00, or so much thereof that may be necessary in regard to the action authorized in Section 1, be and is hereby authorized and approved as follows:
Division: 45-51
Fund: 430
OCA Code: 430459
Object Level: 3:3301
Amount: $30,537.00
Section 5. That the City Auditor is authorized to make any accounting changes necessary to ensure that this contract is properly accounted for and recorded accurately on the City's financial records. That the City Auditor is authorized to make any changes to revise the funding source for any contract 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.