Explanation
BACKGROUND:
On October 26, 2004, and on behalf of the City, the City Attorney entered into a contract ("Contract") with the law firm, McNees Wallace & Nurick LLC, a Pennsylvania limited liability company ("McNees"), in order to retain McNees' specialized legal services in matters relating to the City's purchase of electric power. The City previously passed Ordinance Numbers 1519-2005 on September 26, 2005, 1384-2006 on July 31, 2006, 0097-2006 on February 13, 2006, 2215-2006 on January 22, 2007, 0748-2009 on June 1, 2009, 1157-2010 on July 26, 2010, 0426-2011 on April 4, 2011, 0989-2012 on June 25, 2012, 2644-2012 on December 10, 2012, and 2785-2013 on December 16, 2013, which all modified the Contract by authorizing various extensions and increases in funding to retain McNees' specialized legal services, including but not limited to legal services relating to (i) administering a Respond for Proposal ("RFP") and contract negotiation for the City's power supply for June 1, 2014 through December 31, 2016; (ii) existing power purchase agreements' contract issues; (iii) legal issues relating to demand response contracting for department facilities; (iv) legal issues relating to interconnection and power purchase arrangements with renewable energy projects; and (v) assisting in drafting and negotiating purchase power agreements ((i), (ii), (iii), (iv), & (v), collectively, "Services").
The Department of Public Utilities, Division of Power, continues to need the Services through December 31, 2016. However, additional funding is required in order retain the Services through December 31, 2016. Accordingly, it is necessary to authorize the City Attorney to modify the Contract by increasing McNees' compensation by up to Seventy-five Thousand and 00/100 U.S. Dollars ($75,000.00) in order to retain the Services through December 31, 2016.
Contract Compliance Number: 231256003 (Expires 12/3/2015)
FISCAL IMPACT: Funding for this expenditure will come from the Division of Power's Operating Fund, Fund Number 550.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to not delay payments necessary to continue the Services from McNees, which preserves the public peace, health, property, safety, and welfare.
Title
To authorize the City Attorney to modify an existing contract with the law firm, McNees, Wallace & Nurick, LLC, for specialized legal services in matters relating to the City's purchase of electric power; to authorize the expenditure from the Division of Electricity Operating Fund; and to declare an emergency. ($75,000.00)
Body
WHEREAS, an existing contract (i.e. Contract) between the City Attorney and the law firm, McNees, Wallace & Nurick LLC, a Pennsylvania limited liability company (i.e. McNees), needs to be modified to provide McNees additional compensation of up to Seventy-five Thousand and 00/100 U.S. Dollars ($75,000.00) for its specialized legal services in matters relating to electric purchase power issues through December 31, 2016;
WHEREAS, an emergency exists in the usual daily operation of Department of Public Utilities, Division of Power, in that it is immediately necessary to authorize the City Attorney to modify the Contract with McNees, Wallace & Nurick, LLC, in order to preserve the public peace, property, health, and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The City Attorney is authorized to modify an existing contract ("Contract") with McNees, Wallace & Nurick, LLC, a Pennsylvania limited liability company ("McNees"), in order to provide McNees additional compensation in the amount of Seventy-five Thousand and 00/100 U.S. Dollars ($75,000.00),for its specialized legal services in matters relating to the City's purchase of electric power.
SECTION 2. In order modify the Contract and appropriately compensate McNees, the City authorizes the expenditure of Seventy-five Thousand and 00/100 U.S. Dollars ($75,000.00), or as much is needed, from the Department of Public Utilities, Division of Power, Division 60-07, Electric Operating Fund 550, OCA 600830, Object Level 03: 3324.
SECTION 3. The City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 4. For the reasons stated in this ordinance's preamble, which are fully incorporated into this ordinance, this ordinance is declared to be an emergency measure and will take effect and be in force from and after this ordinance's passage and approval by the Mayor or ten (10) days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.