Explanation
Background: On November 28, 2005, ordinance 1678-2005 passed by the Columbus City Council, authorized the Franklin County Municipal Court to enter into a contract with 3SG Corporation to convert existing civil, criminal, environmental and traffic case files into electronic images, and to provide shredding and offsite storage during the conversion process in order to comply with Department of Public Safety, Division of Fire codes. Due to the unforeseen magnitude and scope of the project by the previous administration, the number of documents required to be imaged were underestimated. This contract modification will allow the Contractor to continue to image the remaining number of documents to complete the first phase of the project.
Columbus City Code 329.16 Contract Modifications:
1. Amount of additional funds to be expended under this modification: $1,133,093.00.
2. The magnitude of the project was unforeseen by the previous administration due to an inaccurate estimation of the documents required to be imaged to complete phase I of the project.
3. The work under this contract modification is the continuation of the work previously performed by the Contractor; therefore, to maintain the continuity and to complete the project as well as to negate costly start-up charges, it would not be in the City's best interest to have additional contract requirements awarded through other procurement processes specified in chapter 329.
4. The cost, and terms and conditions are in accordance with the original contract: number EL005707, negotiated between the Contractor and the City of Columbus (Clerk) as documented by the Contractor's proposal.
Contract Amount:
- Original Contract Amount: $1,066,907.00
- Modification Number One: $1,133,093.00
- New Contract Amount: $2,200,000.00
This ordinance authorizes the City Auditor to transfer $1,000,000.00 from the special income tax fund to the Franklin County Municipal Court Clerk's capital improvement fund to fund the aforementioned project; to authorize the Franklin County Municipal Court Clerk to modify and extend the existing contract with 3SG; to authorize the expenditure up to $1,133,093.00 with 3SG Corporation for the imaging project described above.
This 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 finding for recovery certified search.
Contract Compliance Number: 3SG Corporation, 31-1651723, expiration date 10/21/2006.
Emergency: Emergency action is requested for the continuity and completion of phase I of this project in order to ensure proper preservation, storage and access of the Franklin County Municipal Court's legal documents.
Fiscal Impact: Capital funds for this purpose are budgeted for the Municipal Court Clerk. Funds will be borrowed from the special income tax fund and repaid once bond proceeds are available.
Title
To authorize and direct the City Auditor to transfer $1,000,000.00 from the special income tax fund to the municipal court clerk capital improvement fund; to amend the 2006 Capital Improvements Budget; to authorize the Franklin County Municipal Court Clerk to modify and extend the existing contract with 3SG Corporation for the purpose of converting case files into images, and to provide shredding and offsite storage during the process; to authorize the expenditure of $1,133,093.00 from the municipal court clerk capital improvement fund; and to declare an emergency. ($1,133,093.00)
Body
Whereas, the Department of Public Safety, Division of Fire, conducted an inspection of the municipal court building that resulted in a citation of the Municipal Court Clerk and that requires the Clerk to remove case files from all areas not designated for records storage; and
Whereas, that to continue the service in order to ensure proper preservation, storage and access of the Franklin County Municipal Court's legal documents; and
Whereas, contract number EL005707 was authorized by ordinance number 1678-2005; passed by Council on November 28, 2005; executed and approved by the City Attorney on December 8, 2005; and
Whereas, the magnitude of the project was unforeseen by the previous administration, resulting in a greater number of documents required to be imaged than anticipated for completing phase I of the project; and
Whereas, this legislation authorizes the Franklin County Municipal Court Clerk to modify and extend the contract with 3SG Corporation and authorizes the expenditure of $1,133,093.00 for the purpose of continuing to convert civil, criminal, environmental, and traffic case files into images, and to provide shredding and offsite storage during the conversion process; and
Whereas, the city will sell notes or bonds to fund this project; and
Whereas, until bonds are sold, a transfer of funds for the special income tax fund is necessary to fund this purchase that will be reimbursed after bonds are sold; and
Whereas, the aggregate principal amount which the city will issue to finance this project is presently expected not to exceed $1,000,000.00; and
Whereas, an emergency exists in the daily operations of the Franklin County Municipal Court Clerk, in that it is immediately necessary to modify and extend contract number EL005707 to continue the on going service of converting all existing case files into electronic images, to provide for shredding and offsite storage throughout the process, for the immediate preservation of the public peace, health, safety and welfare, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the sum of $1,000,000.00 be and is hereby appropriated from the unappropriated balance of the special income tax fund, fund 430, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2006 to the City Auditor, department 22-01, object level one 10, oca code 902023, object level three 5502.
Section 2. That the City Auditor is hereby authorized to transfer said funds to the municipal court clerk capital improvement fund, fund 780, 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 3. That the amount of $1,000,000.00 is hereby transferred and appropriated to the Franklin County Municipal Court Clerk, organization 2601, capital improvement fund 780, project 780001, oca code 780001, object level 1 - 06, object level 3 - 6655.
Section 4. That the Franklin County Municipal Court Clerk be and is hereby authorized to modify and extend contract EL005707 with 3SG Corporation for the purpose of converting civil, criminal, environmental, and traffic case files into images, to provide shredding and/or storage during the conversion process for an amount not to exceed $1,133,093.00.
Section 5. That the expenditure of $1,133,093.00 or so much thereof as may be necessary is hereby authorized from the Franklin County Municipal Court Clerk, organization 2601, capital improvement fund, fund 780, project 780001, oca 780001, object level 1 - 06, object level 3 - 6655.
Section 6. That pursuant to 329.16 of the Columbus City Code, this Council finds it in the best interest of the city to modify and extend the contract with 3SG Corporation.
Section 7. That upon obtaining other funds for the Franklin County Municipal Court document imaging of case files project, the City Auditor is hereby authorized and directed to repay the special income tax fund the amount transferred under Section 3, above, and said funds are hereby deemed appropriated for such purpose.
Section 8. The City intends that this ordinance constitute an "official intent" for the purposes of Section 1.150 (e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
Section 9. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in the sections above.
Section 10. That the 2006 Capital Improvements Budget is hereby amended as follows, in order to establish sufficient funding authority:
Project Current CIB Amended CIB
Municipal Court Clerk Capital Project $ 0.00 $1,133,093.00
Section 11. That debt service required on the bond resulting from this transaction is to be paid from Fund 227-002 in addition to the debt service on the companion bond of $1,200,000 issued in 2005.
Section 12. The City Auditor shall establish Fund 227-006 and transfer thereto, from Fund 227-002, an amount estimated to equal the highest year's debt service during the life of the above referenced 2005 bond of $1.2 million and the 2006 bond of $1.0 million; presently estimated at $310,000.
Section 13. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
Section 10 11 14. That for reasons stated in the preamble hereto, where is hereby made a part hereof, this ordinance is hereby declared an emergency measure, which shall take effect and be in force from and after its passage and approved by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.