Explanation
Background:
This legislation authorizes the Franklin County Municipal Court Clerk (hereinafter "Municipal Court Clerk") to modify and extend the existing contract for one year and to increase funding in an amount up to $150,000.00 with Federal Express Corporation (“FedEx”) for the provision of commercial carrier service.
Ordinance 2248-2023 authorized the Municipal Court Clerk to enter a contract with FedEx for the provision of commercial carrier services on civil cases which allows for a more efficient and effective means of service.
The usage of the FedEx service has increased since the initial implementation. More funds are needed to be able to cover the costs of this increase.
Bid Information:
Ordinance 2248-2023 authorized the Municipal Court Clerk to waive the competitive bidding provisions of the Columbus City Code for the original contract.
The O.R.C. Section 9.48 (D) permits the Municipal Court Clerk to participate in a program operated by a state association of political subdivisions and any purchases made are exempt from any competitive selection processes otherwise required by law. FedEx offers a discounted rate as a part of the Courts Program and is the sole company offering this cost-saving program for courts, thus making it manifestly impractical to bid. The current expiration date for PO472572 is 10/18/2025.
Contract Compliance: 71-0427007
Expiration Date: 7/19/2025
DAX Vendor Number: 009933
Contracts:
Ordinance: 2248-2023; $200,000.00; PO411015
Ordinance: 1468-2024; $0.00; PO411015
Ordinance: 2573-2024; $100,000.00; PO472572
Ordinance: 2721-2024; $0.00; PO472572
Ordinance: 0302-2025; $0.00; PO472572
Ordinance: 1898-2025; $150,000.00
Contract Modification:
This Ordinance is being submitted in accordance with the relevant provisions of Chapter 329 of City Code pertaining to contract modifications.
1. Amount of additional funds: Amount of additional funds to be expended under this modification is $150,000.00.
2. Reason additional funds were not foreseen: Additional funds are needed due to the unforeseen increase in usage of the service by the public.
3. Reason other procurement processes were not used: Manifestly impractical to bid.
4. How was cost determined: Cost determination: The cost was determined by using the rates stated in the current contract.
In 2008, FedEx created a Courts Program specifically for the Ohio Association of Municipal/County Court Clerks (“OAMCCC”). The initial agreement was viewed as impractical to bid due to FedEx being the only commercial carrier service offering the cost saving program and therefore was not competitively bid. The program allows for courts to have exclusive pricing and service to aid in the delivery of court documents unmatched by the state term contract.
Fiscal Impact: Funds totaling $150,000.00 are available within the General Fund.
Emergency: There is an immediate need to continue FedEx for commercial carrier service to ensure proper service procedures are met and to avoid interruption in services.
Title
To authorize the Municipal Court Clerk to modify and extend the existing contract with FedEx for the provision of commercial carrier service; to waive the competitive bidding provisions of Columbus City Code; to authorize the expenditure of up to $150,000.00 within the Municipal Court Clerk General Fund; and to declare an emergency. ($150,000.00)
Body
WHEREAS, it is necessary to modify and extend the existing contract for the provision of commercial carrier services for the Franklin County Municipal Court; and
WHEREAS, it is in the City's best interest to waive the competitive bidding provisions of the Chapter 329 of the Columbus City Code for commercial carrier services; and
WHEREAS, an emergency exists in the usual daily operation of the Municipal Court Clerk’s Office in that it is immediately necessary to authorize the Clerk of Courts to modify and extend the existing contract with FedEx, for commercial carrier services to avoid interruption in services, 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 Municipal Court Clerk be and is hereby authorized to modify and extend the contract with FedEx for one year, in the amount of $150,000.00 for the provision of commercial carrier services for the Franklin County Municipal Court.
SECTION 2. That the expenditure sum of $150,000.00 or so much as may be needed, be and hereby is authorized in Fund 1000 (General Fund), Department-Division 2601 (Municipal Court Clerk), in Object Class 03 (Contractual Services), per the accounting codes in the attachment to this ordinance.
SECTION 3. This Council finds it is in the best interest of the City of Columbus to waive the competitive bidding provisions of Columbus City Code, to permit the aforementioned purchase.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, 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 are hereby made a part of 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.