Explanation
BACKGROUND: The Franklin County Public Defender Commission performs all the duties and responsibilities under Section 12 of the City Charter, Chapter 173 of the Columbus City Codes, 1959, and Sections 120.13 and 120.14(e) of the Ohio Revised Code in providing legal counsel to indigent persons charged with criminal offenses. Since 1976, the City has contracted with the Commission, for representation in the Franklin County Municipal Court, for all indigent persons charged (based on poverty guidelines as determined by the United States Department of Health and Human Services) with the violations of an ordinance of the City of Columbus. Except for State charged misdemeanors, the City funds the Municipal Unit while the Franklin County Commissioners fund the balance.
Award of this contract meets the procurement provisions of Chapter 329.29 and 3901.01 of the Columbus City Codes, 1959. Emergency action is requested to facilitate accounting processes.
FISCAL IMPACT: This contract is presented on the basis of an understanding that the total contract for services upon which the City will pay the Commission is $3,585,973 of which it is expected the State Public Defender Commission will reimburse an estimated 29%, and the Franklin County Commissioners will pay 61% of the remaining expenses that are the result of State charged misdemeanors for a projected net cost to the City of $992,956. In the event the State reimburses at a different rate and/or the actual State charged misdemeanors differs, the contract may be amended upward or the City may be due on reimbursement.
This legislation provides only $706,198 of the projected contract amount, with the balance to be secured after the Department of Finance completes its third quarter financial review. The delay gives time for a more accurate projection of costs, as additional history will have elapsed. And because recent monthly costs have trended downward, it is hoped that the amount necessary will be reduced.
Title
To authorize the City Clerk to enter into contract with the Franklin County Public Defender Commission to provide legal counsel to indigent persons charged with criminal offenses, to authorize the transfer of $100,000 within the Office of City Council, to authorize the expenditure of $706,198 from the General Fund; and to declare an emergency. ($706,198.00 )
Body
WHEREAS, The City of Columbus recognizes its responsibilities as defined in Section 12 of the City Charter, Chapter 173 of the Columbus City Codes, 1959, and Sections 120.13 and 120.14(e) of the Ohio Revised Code to provide legal counsel to indigent persons charged with criminal offenses; and
WHEREAS, the City of Columbus in furtherance of the execution of its legal responsibilities, desires to provide such legal services to the City's indigent citizens and others so situated, and to do so in cooperation with the Franklin County Public Defender Commission; and
WHEREAS, this contract is presented on the basis of an understanding that the total contract for services upon which the City will pay the Commission is $3,497,626 of which it is expected the State Public Defender Commission will reimburse an estimated 29%, and the Franklin County Commissioners will pay 61% of the remaining expenses that are the result of State charged misdemeanors for a net cost to the City of $992,956; and
WHEREAS, pending completion of the City's third quarter financial review in late October, only $706,198 of the projected contract amount is secured with this legislation, giving additional time to develop a more accurate projection of total City costs; and
WHEREAS, at that time, an additional transfer of funds and legislation to amend the contract is intended to accommodate the balance due based on that more accurate projection of costs; and
WHEREAS, at the completion of the contract a reconciliation payment is made or received by the City based on actual expenditures vs. anticipated expenditures, actual State charged misdemeanors vs. anticipated, and actual State Public Defender Commission reimbursement vs. anticipated reimbursements; and
WHEREAS, an emergency exists in the usual daily operation of government of the City of Columbus that it is immediately necessary to authorize a contract with the Franklin County Public Defender Commission in order to assure the continuity of legal services to indigent persons in Columbus thereby preserving the public peace, property, health, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Clerk be and is hereby authorized to contract with the Franklin County Public Defender Commission of Columbus, Ohio for the period of January 1, 2004 through December 31, 2004.
SECTION 2. That the sum of $100,000 be and hereby is authorized to be transferred from Fund 010, City Council, Department 20-01, OCA 200105, Object Level One 01, Object Level Three 1101 to Object Level One 03, Object Level Three 3337.
SECTION 3. That the sum of $706,198 be and hereby is authorized to be expended from the General Fund, 010, City Council, Department 20-01, Object Level One 03, OCA Code 200105, Object Level Three 3337, to pay the cost thereof.
SECTION 4. Award of this contract meets the procurement provisions of Chapter 329.29 and 3901.01 of the Columbus City Code, 1959.
SECTION 5. 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.