Explanation
1. BACKGROUND
The Division of Planning and Operations is responsible for pavement markings such as turn arrows and lane separation throughout the City to promote pedestrian safety and expedite vehicular traffic flow. The Purchasing Office has solicited formal competitive bids in the process of establishing universal term contracts (UTCs) for the purchase of Thermoplastic Pavment Marking Material. These materials will be used for various pavement marking operations througout the City such as the separation of traffic into lanes.
This ordinance authorizes the expenditure of monies for these pavement marking materials, per solicitation SA003907 and the terms and conditions of the pending universal term contract. The total cost of the commodities needed is $175,000.00.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Ennis Paint Inc.
2. CONTRACT COMPLIANCE
Ennis Paint, Inc., dba Ennis Traffic Safety Solution contract compliance number is: 752657523 and expires: 4/27/2013
3. FISCAL IMPACT:
Funding for these commodities is budgeted within the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $175,000.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $175,000.00 against the Special Income Tax Fund. Upon sale of bonds, this will be reimbursed. These Funds will then be transferred to the Streets and Highways G.O. Bonds Fund, appropriated and authorized to be expended.
4. EMERGENCY DESIGNATION
Emergency action is requested to procure the needed pavement marking commodities as soon as possible to provide sufficient supply for the needs of the Capital Improvement Program for the safety of the travelling public.
Title
To authorize the Director of Finance and Management to establish a purchase order with Ennis Paint, Inc. for the purchase of Thermoplastic Pavement Marking Material, per solicitation SA003907 and the terms and conditions of a pending universal term contract for the Division of Planning and Operations; to authorize and direct the City Auditor to transfer $175,000.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $175,000.00 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $175,000.00 from the Streets and Highways G.O. Bonds Fund for this purpose; and to declare an emergency. ($175,000.00)
Body
WHEREAS, the Purchasing Office has solicited bids and is in the process of establishing a universal term contract for the purchase of Thermoplastic Pavement Marking Material(ordinance 0762-2011); and
WHEREAS, the Division of Planning and Operations has a need to procure these items in a timely manner so as not to delay scheduled replacement of these pavement markings; and
WHEREAS, it is necessary to transfer funds from the Special Income Tax Fund to this project; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregate principal amount of obligations which the city will issue to finance this project is presently expected not to exceed $175,000.00; 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 project described in this ordinance (the "Project").
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Planning and Operations, in that it is immediately necessary to establish a purchase order for this purpose, 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 establish a purchase order for the purchase of Thermoplastic Pavement Marking Material, per solicitation SA003907 and the terms and conditions of a pending universal term contract for the Division of Planning and Operations as described below.
Fund/ Project #
704/ 540013-100000 Permanent Pavement Markings
1. SA003907 - (0762-2011)
Ennis Paint, Inc., dba Ennis Traffic Safety Solutions
PO Box 404
1509 Kaufman St
Ennis TX 75120
Thermoplastic Pavement Marking Material - $175,000.00
Total: $175,000.00
SECTION 2. The sum of $175,000.00 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, 2011 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 3. That the City Auditor is hereby authorized to transfer said funds to the Streets and Highways G.O. Bonds Fund, No. 704, at such time as it is deemed necessary by the City Auditor and to expend said funds or so much thereof as may be necessary.
SECTION 4. That $175,000.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-11, Division of Planning and Operations as follows:
Fund / Project / Project Name / O.L. 01-03 Codes / OCA / Amount
704 / 540013-100000 / Permanent Pavement Markings / 06-6600 / 591147 / $175,000.00
SECTION 5. That the monies appropriated in the foregoing Section 4 shall be paid upon order of the Director of Public Service and that no order shall be drawn or money paid except by voucher, the form of which shall be approved by the City Auditor.
SECTION 6. That upon obtaining other funds for this capital improvement, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 3 above.
SECTION 7. 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 Section 3, above.
SECTION 8. That the City intends that this ordinance constitute 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 $175,000.00 (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 9. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
SECTION 10. That the expenditure of $175,000.00 be and hereby is authorized from the Streets and Highways G.O. Bond Fund, Fund 704, Dept.-Div. 59-11, Division of Planning and Operations
Fund / Project # / Project / O.L. 01-03 Codes / OCA Code / Amount
704 / 540013-100000 / Permanent Pavement Markings / 06-6651 / 591147 / $175,000.00
SECTION 11. 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 12. 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