Explanation
Background: On May 24, 2010, ordinance 0717-2010 passed by the Columbus City Council authorized the Franklin County Municipal Court Clerk (hereinafter "Municipal Court Clerk") to enter into contract with 3SG Corporation, for the conversion of existing court documents into electronic images (hereinafter "imaging services").
The imaging services are necessary to optimize storage space and provide for more efficient access to court document information. The storage space in the Clerk's Office is inadequate to house the volume of court documents filed.
This ordinance authorizes the Municipal Court Clerk to modify and increase the existing contract in the amount of $486,200.00 for the provision of additional imaging services.
The purchase will be from the 3SG Corporation, State of Ohio, State Term Schedules (STS): 3SG Corporation, State Term Schedule # 800071, expiration date 8/31/2013. Due to time and storage constraints, as well as the continuity of the project, cost effectiveness and the minority certification of the company, it is deemed in the best interest of the City to purchase from the aforementioned State Term Schedule. Ordinance 582-87 authorizes the City of Columbus to purchase from cooperative purchasing contracts.
Imaging Service Contracts:
Ordinance 0717-2010; EL010419: $320,000.00
Contract Modification: Ordinance 1736-2010; EL011245; $128,000.00
Contract Modification: Ordinance 0432-2011: $486,200.00
Contract Compliance Number: 31-1651723
Expiration Date: 11/22/2012.
The 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.
Emergency: Emergency action is requested so that the project may be undertaken as quickly as possible due to unavailability of storage space for the Municipal Court documents.
Fiscal Impact: Funds in the amount of $486,200.00 will be transferred from the Special Income Tax Fund to the Municipal Court Clerk Capital Improvement Fund, and be repaid once bond proceeds are available.
Title
To authorize and direct the City Auditor to transfer $486,200.00 from the Special Income Tax Fund to the Municipal Court Clerk Capital Improvement Fund; to authorize the Municipal Court Clerk to modify and increase contract with 3SG Corporation for the provision of imaging services; to authorize the expenditure of $486,200.00 from the Municipal Court Clerk Capital Improvement Fund; and to declare an emergency. ($486,200.00)
Body
Whereas, the Municipal Court Clerk has an immediate need to modify and increase the existing contract for the provision of imaging services, due to unavailability of storage space for court documents; and
Whereas, the city will sell notes or bonds to fund this project; and
Whereas, until bonds are sold, a transfer of funds from 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 $486,200.00; 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"), and
Whereas, an emergency exists in the daily operations of the Municipal Court Clerk, in that it is immediately necessary for the Municipal Court Clerk to modify and increase the existing contract with 3SG Corporation; 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 sum of $486,200.00 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 1 - 10, oca code 902023, object level 3 - 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 $486,200.00 is hereby transferred and appropriated to the Municipal Court Clerk, organization 2601, Capital Improvement Fund 780, project 780001, oca code 780001, object level 1 - 06, object level 3 - 6655.
Section 4. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriate.
Section 5. That the Municipal Court Clerk be and is hereby authorized to enter into a contract with 3SG Corporation for imaging services in the amount of $486,200.00.
Section 6. That the expenditure of $486,200.00 or so much thereof as may be necessary is hereby authorized from the Municipal Court Clerk, organization 2601, Capital Improvement Fund, fund 780, project 780001, oca 780001, object level 1 - 06, object level 3 - 6655.
Section 7. That upon obtaining other funds for the Municipal Court Document Conversion 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. 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 $486,200.00(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 the 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. 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 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.