Explanation
1. BACKGROUND
The Division of Planning and Operations utilizes school flashers and traffic poles for the purpose of warning motorists of school zones and the speed limit within those school zones. To achieve this objective the Division of Planning and Operations requires the purchase of these commodities to install in school zones currently without or needing upgrades.
These items will be purchased per solicitations for each and the terms and conditions of 2 pending Citywide Universal Term Contracts. This ordinance authorizes the purchase of traffic poles per solicitation SA003916 and school flashers and accessories per solicitation SA003915 and the terms and conditions of these pending Citywide Universal Term Contracts to meet the majority of the Division of Planning and Operations' anticipated needs for 2011 in the amount of $133,016.00.
Searches in the Excluded Party List System(Federal) and the Findings for Recovery list (State) produced no findings against General Supply and Services, Inc. dba GEXPRO and Baldwin and Sours.
2. FISCAL IMPACT:
These commodities are budgeted in the 2011 Capital Improvement Budget. This expense can be accommodated by appropriating and transferring funds needed in the amount of $133,016.00 from the Special Income Tax Fund. Bonds have yet to be sold for the whole project, necessitating a certification of $133,016.00 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.
3. CONTRACT COMPLIANCE
General Supply and Services, Inc. dba GEXPRO has a contract compliance number 205021902 and it expires 5/12/2013.
Baldwin and Sours has a contract compliance number 311104513 and it expires 9/9/2012.
3. EMERGENCY DESIGNATION
Emergency action is requested to assure the timely availability of the traffic poles and school flashers and accessories for installation and replacement purposes and to promote and enhance pedestrian and motorist safety.
Title
To authorize the Finance and Management Director to establish purchase orders for the purchase of traffic poles per solicitation SA003916 and school flashers and accessories per solicitation SA003915 and the terms and conditions of these pending citywide universal term contracts for the Division of Planning and Operations; to authorize and direct the City Auditor to transfer $133,016.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $133,016.00 within the Streets and Highways G.O. Bonds Fund; to authorize the expenditure of $133,016.00 from the Streets and Highways G.O. Bonds Fund for this purpose; and to declare an emergency. ($133,016.00)
Body
WHEREAS, the Division of Planning and Operations utilizes traffic signal posts and school flashers to perform its mission; and
WHEREAS, these items can be purchased per the terms and conditions of pending citywide universal term contracts that are being established by the Purchasing Office; and
WHEREAS, this ordinance authorizes the purchase of the majority of the Division of Planning and Operation's anticipated 2011 needs for these commodities; 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 $133,016.00; 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 purchase school flasher poles and school flashers to assure their timely availability for original installation and replacement purposes and to promote and enhance pedestrian and motorist safety, 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 Finance and Management Director be and hereby is authorized to establish purchase orders totaling $133,016.00 per solicitation SA003915 for school flashers and accessories and SA003916 for traffic poles and the terms and conditions of the pending citywide Universal Term Contracts for the purchase of school flashers and accessories and traffic poles as follows:
Baldwin and Sours
5263 Trabue Road
Columbus, Ohio 43228
Solicitation - SA003915
UTC Ordinance 0755-2011
School Flashers and Accessories
(Total $106,000.00)
General Supply & Services, Inc. dba GEXPRO
2 Corporate Drive
Shelth, CT 06481
Solicitation - SA003916
UTC Ordinance 0781-2011
Traffic Poles
(Total $27,016.00)
SECTION 2. That the 2011 Capital Improvement Budget authorized by ordinance 0266-2011 be and is hereby amended to provide sufficient authority for this project as follows:
Fund/Project / Project Name /OCA/ Current / Change / Amended
704 / 530161-100000 / Roadway Improvements (Voted 2008) / $134,013.00 / ($58,016.00) / $75,997.00
704 / 540005-100001 / School Flashers - Commodities (Voted 2008) / $75,000.00 / $58,016.00 / $133,016.00
SECTION 2. The sum of $133,016.00 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 $133,016.00 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 / 540005-100001 / School Flashers - Commodities / 06-6600 / 740501 / $133,016.00
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 $133,016.00 (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 $133,016.00 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 / 540005-100001 / School Flashers - Commodities / 06-6651 / 740501 / $133,016.00
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 days after passage if the Mayor neither approves nor vetoes the same.