Explanation
BACKGROUND
This ordinance appropriates funds within the Employee Benefits Fund, and authorizes the City Attorney, on behalf of the Department of Human Resources, to modify a special legal counsel agreement with the law firm Porter, Wright, Morris & Arthur, LLP to provide legal representation for special legal services and to add funds for payment of services. The law firm of Porter, Wright, Morris & Arthur, LLP has agreed to provide such representation.
The term of the original contract is from June 5, 2025, until such time as the need for outside legal counsel ceases or the parties mutually agree to terminate this contract, contingent on budgeted funds and City Council approval. The special counsel engagement pertains to legal advice concerning the Central Ohio Area Agency on Aging, as well as the Petition for Representation Election regarding the rank of Police Deputy Chiefs filed with the State Employment Relations Board at the agreed-upon blended rate of $275 per hour, and not to exceed $50,000.00 without prior approval of the Columbus City Council.
Ordinance 0491-2026 authorized the City Attorney, on behalf of the Department of Human Resources, to modify and increase a special legal counsel agreement in the amount of $75,00.00 with the law firm Porter, Wright, Morris & Arthur, LLP to provide legal representation pertaining to special legal services. Of the $75,000.00, $50,000.00 was for the Petition for Representation Election regarding the rank of Police Deputy Chiefs filed with the State Employment Relations Board.
This ordinance authorizes the City Attorney, on behalf of the Department of Human Resources, to modify the contract and add $225,000.00 in funds. The City of Columbus shall pay a blended rate of $275.00 per hour for said services after the submittal of detailed invoices documenting the work performed.
The original contract amount: $50,000.00 (PO522351)
The total of modification 1: $50,000.00 (PO561455, Ord. 0491-2026)
The total of modification 2: $225,000.00 (This ordinance, Ord 1941-2026)
The contract amount, including all modifications: $325,000.00
The need for additional funds was unknown at the time of the original contract, which was $1.00 with an available $50,000.00 (PO522351) for representation pertaining to the Central Ohio Area Agency on Against and a Petition for Representation Election regarding the rank of Police Deputy Chiefs filed with the State Employment Relations Board. This is a continuation of an agreement for legal services, and it is in the City's best interest to continue with the current representation, given the firm's experience and expertise with the matters at hand. The cost, terms, and conditions are in accordance with the original agreement, using the firm’s usual hourly billing rate of $275.00 per hour for this type of City matter.
CONTRACT COMPLIANCE
The contract compliance number for Porter, Wright, Morris & Arthur LLP is CC-006060 and expires on 4/3/2027.
FISCAL IMPACT
Funding for this contract modification will be available within Fund 5502, the Employee Benefits Fund. Supplemental appropriation is required to establish sufficient budget authority for this contract.
EMERGENCY DESIGNATION
Emergency action is respectfully requested to allow contract services to continue without interruption.
Title
To appropriate funds within the Employee Benefits Fund; to authorize the City Attorney, on behalf of the Department of Human Resources, to modify an existing agreement for special legal counsel services with Porter, Wright, Morris & Arthur, LLP; to authorize an expenditure up to $225,000.00 within the Employee Benefits Fund to pay for this contract; to authorize the reimbursement of expenses incurred prior to the issuance of a purchase order from and after December 1, 2025; and to declare an emergency. ($225,000.00)
Body
WHEREAS, the City Attorney, on behalf of the Department of Human Resources, entered into a contract with Porter, Wright, Morris & Arthur, LLP for special legal Counsel services for $50,000.00; and
WHEREAS, Ordinance 0491-2026 modified the original contract to add $50,000.00 to pay for services; and
WHEREAS, this ordinance modifies the original contract to add $225,000.00 to pay for services; and
WHEREAS, it is necessary to appropriate and authorize an expenditure of $225,000.00 of funds within the Employee Benefits Fund, or so much thereof as may be needed, for ongoing special legal counsel services and outstanding payments; and
WHEREAS, an emergency exists in the usual daily operation of the City Attorney’s Office in that, it is immediately necessary to authorize the City Attorney, on behalf of the Department of Human Resources, to modify and increase the agreement for special legal counsel services with Porter, Wright, Morris & Arthur, LLP, without delay to increase funding so that outstanding invoices and upcoming case deadlines can be met, all for the immediate preservation of public health, peace, property and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That from the unappropriated monies 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 ended December 31, 2026, the sum of 225,000.00 is appropriated in Fund 5502 (Employee Benefits Fund), Dept-Div 4601 (Human Resources Administration), in Object Class 03 (Purchased Services) per the account codes in the attachment to this ordinance.
SECTION 2. That the City Attorney, on behalf of the Department of Human Resources be, and is hereby authorized to modify and increase the agreement with Porter, Wright, Morris & Arthur, LLP, of 41 S. High St., Columbus, OH 43215, for special legal counsel services on behalf of the Department of Human Resources, in an amount up to $225,000.00.
SECTION 3. That the expenditure of $225,000.00, or so much thereof as may be needed, is hereby authorized in Fund 5502 (Employee Benefits Fund), Dept-Div 4601 (Human Resources Administration), in Object Class 03 (Purchased Services) per the accounting codes in the attachment to this ordinance, and that the reimbursement of expenses incurred prior to the issuance of a purchase order from and after December 1, 2025 is hereby authorized.
SECTION 4. That funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. 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 6. 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 days after passage if the Mayor neither approves nor vetoes the same.