Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with O.A. Spencer, Inc. for the North Star Playground Project. The modification will add additional funding and extend the contract term. The additional funding being authorized by this ordinance is $133,529.00, with a contingency of $16,471.00, for a total of $150,000.00.
This modification involves detailed design, including the preparation of construction plans and specifications. It will also involve permits and bidding documents. The North Star Playground Project seeks to capture the historical, cultural, and geographical relevance of the hidden passage to freedom through the installation of thematic playground equipment and safety surfacing. This project will create the opportunity to educate visitors about an important time in history. It will also engage all ages and abilities in physical activity and play. This portion of the project is now called North Star. The original project completion date of the project was October 17, 2025. The modified project completion date, as a result of the proposed modification, will be March 13, 2026.
The Alum Creek Corridor served as a major hidden passage to freedom route for enslaved people to escape from the south to the north in the decades leading up to the American Civil War. The Recreation and Parks Department is seeking to highlight this time in history and how it has shaped the region. The Department plans to accomplish this through a series of installments in the parks and trails along the Alum Creek Corridor. The Department intends to develop a new installation annually, unveiling the design each February during Black History Month. North Star will be located on the south side of the Hayden Park parcel and will be the first of these installations. Alum Creek Greenway Trail is to the east, Nelson Road on the west, and a piece of land owned by the Columbus Metropolitan Library will serve as the connector trail to the amenities from Shepard Library.
Amount of Additional Funds: $150,000.00
Why Additional Services Were Not Foreseen: The original parcel where this project was planned is now being utilized by Columbus Metropolitan Library and is unavailable to the Recreation and Parks Department. The design will be relocated to the adjacent Hayden Park rather than the library parcel. These funds cover the redesign needed due to the relocation.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: The design started in November 2024. We were informed recently that we no longer have access to the parcel where the project was originally planned. It is in the best interest that the contract is modified so that the design process is not interrupted. Most of the design that is already complete is not impacted by the changed site location. This modification allows for the completed work that is transferable to still be used.
How The Price For The Additional Services Was Determined: The rates were established in the original contract to determine the fee. The hours needed to finish the scoped tasks were reviewed and approved by the Recreation and Parks Department.
Principal Parties:
O.A. Spencer, Inc.
343 East Livingston Avenue
Columbus, Ohio 43215
Othelda Spencer, (614) 461-1035
Contract Compliance Number: 005585
Contract Compliance Expiration Date: September 24, 2026
Emergency Justification: Emergency action is requested to minimize project interruption after being informed that the original site location is no longer available and an adjacent parcel will be used instead.
Benefits to the Public: This project will provide cultural, educational, and recreational opportunities for the public.
Community Input/Issues: The inspiration for this project came from a community request.
Area(s) Affected: North Central (49)
Master Plan Relation: This project will support the Recreation and Parks Master Plan by providing equitable outdoor play opportunities for the public.
Fiscal Impact: The expenditure of $200,924.00 was legislated for the North Star Playground Project by Ordinance 2707-2024. This ordinance will provide funding that will modify the previously authorized amount by $150,000.00. $150,000.00 is budgeted and available from within the Recreation and Parks Voted Bond Fund 7702 to meet the financial obligations of this expenditure. The aggregate total amount authorized, including this modification, is $350,924.00. The funds will not be available to the Recreation and Parks Department until the proceeds of the 2024-2025 bond sale are available at a future date. Therefore, it is necessary to certify the required funds against the General Fund 1000, Income Tax Set Aside Subfund 100099. Upon the sale of bonds, this will be reimbursed.
Title
To authorize the Director of the Recreation and Parks Department to modify an existing contract with O.A. Spencer, INC. for the North Star Playground Project to additional funding and extend the contract term; to authorize the transfer of $150,000.00 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $150,000.00 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the expenditure of $150,000.00 from the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($150,000.00)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to modify an existing contract with O.A. Spencer, Inc. for the North Star Playground Project; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended, with respect to the construction of the project described in this ordinance (the "Project"); and
WHEREAS, it is necessary to authorize the transfer of $150,000.00 between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Recreation and Parks Bond Fund, Fund 7702; and
WHEREAS, funds will need to be appropriated within the General Fund 1000, Income Tax Set Aside Subfund 100099 and within the Recreation and Parks Bond Fund, Fund 7702; and
WHEREAS, the City will reimburse the General Fund 1000, Income Tax Set Aside Subfund 100099; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregated principal amount of obligations which the City will issue to finance this project is presently expected not to exceed $150,000.00; and
WHEREAS, it is necessary to authorize the expenditure of $150,000.00 from the Recreation and Parks Voted Bond Fund 7702; and
WHEREAS, an emergency exists in the usual daily operations of the Recreation and Parks Department in that it is immediately necessary to authorize the Director to modify an existing contract with O.A. Spencer, Inc., to minimize project interruption after being informed that the original site location is no longer available and an adjacent parcel will be used instead, all for the immediate preservation of the public health, peace, property, safety, and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Recreation and Parks Department be and is hereby authorized to modify an existing contract with O.A. Spencer, Inc. for the North Star Playground Project to add additional funding in the amount of One Hundred Fifty Thousand Dollars $150,000.00) and to extend the contract term to March 13, 2026.
SECTION 2. 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 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 the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 5. That from the unappropriated monies and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2025, the sum of $150,000.00 is appropriated in General Fund 1000, Income Tax Set Aside Subfund 100099, in Object Class 10 Transfer Out Operating, and in Fund 7702, Recreation and Parks Bond Fund, in Object Class 06 Capital Outlay per the account codes in the attachment to this ordinance.
SECTION 6. That the transfer of $150,000.00 or so much thereof as may be needed, is hereby authorized between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Recreation and Parks Bond Fund, Fund 7702, per the account codes in the attachment to this ordinance.
SECTION 7. That the City Auditor is hereby authorized to transfer said funds to the Recreation and Parks Voted Bond Fund 7702, at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 8. That upon obtaining other funds from the 2024-2025 Bond Sale for the City of Columbus, the City Auditor is hereby authorized and directed to repay the General Fund 1000, Income Tax Set Aside Subfund 100099 the amount transferred under Section 5.
SECTION 9. That the City intends that this ordinance constitutes an "official intent" for purposes of Section 1.150 2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $150,000.00 (the "Obligations"). The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150 2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 10. That for the purpose stated in Section 1, the expenditure of $150,000.00, or so much thereof as may be necessary to pay the cost thereof, be and is hereby authorized from the Recreation and Parks Voted Bond Fund 7702 in object class 06 Capital Outlay per the accounting codes in the attachments to this ordinance.
SECTION 11. That for the reasons stated in the preamble hereto, which is hereby mad 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 tend days after passage if the Mayor neither approves nor vetoes the same.