Explanation
Background: On November 28, 2005, ordinance 1678-2005 passed by the Columbus City Council, authorized the Franklin County Municipal Court, Clerk of Court to enter into contract EL005707 with 3SG Corporation for the purpose of converting existing civil, criminal, environmental and traffic case files into electronic images and provide shredding and offsite storage during the conversion process. This service is needed to comply with the Department of Public Safety, Division of Fire Codes by removing case files from all areas not designated for storage. Due to the unforeseen scope of the project by the previous administration, additional funds were needed to complete phase one of the project; thereby, contract modification EL006171 was authorized by ordinance 1127-2006 passed by Columbus City Council on July 10, 2006. Additional funds are needed to complete phase two, the last and final phase of the imaging project.
This ordinance authorizes the Franklin County Municipal Court Clerk to modify and extend the existing contract EL005707 with 3SG Corporation for phase two of the imaging project; to transfer $1,230,000.00 from the special income tax fund to the Municipal Court Clerk's capital improvement fund to fund the aforementioned project; to authorize a supplemental appropriation of $270,000.00 from the unappropriated balance of the Franklin County Municipal Court, Clerk of Court computer fund; to authorize the expenditure up to $1,500,000.00 with 3SG Corporation for the imaging project described above.
Contract Modifications:
1. Amount of additional funds to be expended under this modification: $1,500,00.00.
2. The magnitude of the project was unforeseen by the previous administration due to an inaccurate estimation of the documents, required to be imaged to complete said project.
3. The work under this second contract modification is the continuation of the work previously performed by the Contractor; therefore, negating costly start-up charges.
4. The second contact modification will allow the Contractor to continue to image the remaining number of documents for phase two of the project.
Contract Amount:
- Original Contract Amount: $1,066,907.00
- Modification Number One: $1,133,093.00
- Modification Number Two: $1,500,000.00
- New Contract Amount: $3,700,000.00
This 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.
Contract Compliance Number: 3SG Corporation, 31-1651723, expiration date 10/20/2008.
Emergency: Emergency action is requested for phase two of this project in order to ensure proper preservation, storage and access of the Franklin County Municipal Court's legal documents.
Fiscal Impact: Capital funds for this purpose are budgeted for the Franklin County Municipal Court, Clerk of Court. Funds totaling $1,500,000.00 are available as follows: $400,000.00 will be borrowed from the special income tax fund and will be repaid by issuing debt supported by the Franklin County Municipal Court, Clerk of Court computer fund; $830,000.00 will be transferred from the special income tax fund and will be repaid by issuing debt supported by the special income tax fund; a supplemental appropriation of $270,000.00 is available within the Franklin County Municipal Court Clerk's computer fund.
Title
To authorize and direct the City Auditor to transfer $1,230,000.00 from the special income tax fund to the Municipal Court Clerk capital improvement fund; to authorize a supplemental appropriation of $270,000.00 from the unappropriated balance of the Franklin County Municipal Court, Clerk of Court computer fund; to authorize the Franklin County Municipal Court, Clerk of Court to modify and extend the existing contract with 3SG Corporation for the purpose of converting case files into images, and to provide shredding and offsite storage during the process; to authorize the expenditure of $1,230,000.00 from the Municipal Court Clerk capital improvement fund; to authorize an expenditure of $270,000.00 from the Franklin County Municipal Court, Clerk of Court computer fund and to declare an emergency. ($1,500,000.00)
Body
Whereas, the Department of Public Safety, Division of Fire, conducted an inspection of the municipal court building that resulted in a citation of the Franklin Municipal Court, Clerk of Court and that requires the Clerk to remove case files from all areas not designated for records storage; and
Whereas, that to continue the service in order to ensure proper preservation, storage and access of the Franklin County Municipal Court's legal documents; and
Whereas, the original contract EL005707 was authorized by ordinance number 1678-2005; passed by Council on November 28, 2005; executed and approved by the City Attorney on December 8, 2005; and
Whereas, the first contract modification EL006171 was authorized by ordinance number 1127-2006; passed by Council on July 10, 2006; executed and approved by the City Attorney on 7/26/2006 for the completion of phase one of the imaging project ; and
Whereas, this second modification is for phase two of the imaging project; and
Whereas, the magnitude of the project was unforeseen resulting in a greater number of documents required to be imaged than anticipated for completing imaging project; and
Whereas, this legislation authorizes the Franklin County Municipal Court, Clerk of Court to modify and extend the contract with 3SG Corporation and authorizes the expenditure of $1,500,000.00 for the purpose of continuing to convert civil, criminal, environmental, and traffic case files into images, and to provide shredding and offsite storage during the conversion process; and
Whereas, the city will sell notes or bonds to fund $1,230,000.00 of this project; and
Whereas, until bonds are sold, a transfer of funds for the special income tax fund is necessary to fund $1,230,000.00 of this purchase and $400,000.00 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 $1,230,000.00; and
Whereas, as a supplemental appropriation of $270,000.00 from the unappropriated balance of the Franklin County Municipal Court, Clerk of Court computer fund is available within the Clerk's computer fund; and
Whereas, an emergency exists in the daily operations of the Franklin County Municipal Court Clerk, in that it is immediately necessary to modify and extend contract EL005707 to continue the on going service of converting case files into electronic images, to provide for shredding and offsite storage throughout the process, for the immediate preservation of the public peace, health, safety and welfare, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the sum of $1,230,000.00 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, 2007 to the City Auditor, department 22-01, object level one 10, oca code 902023, object level three 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 $1,230,000.00 is hereby transferred and appropriated to the Franklin County Municipal Court Clerk, organization 2601, capital improvement fund 780, project 780001, oca code 780001, object level one - 06, object level three - 6655.
Section 4. That from the unappropriated monies in the Franklin County Municipal Court, Clerk of Court computer fund, the sum of $270,000.00 be and is hereby appropriated within the Franklin County Municipal Court, Clerk of Court computer fund 227, sub fund 2, organization 2602, oca 260208, object level one 06, object level three 6655.
Section 5. That the Franklin County Municipal Court, Clerk of Court be and is hereby authorized to modify and extend contract EL005707 with 3SG Corporation for the purpose of converting civil, criminal, environmental, and traffic case files into images, to provide shredding and/or storage during the conversion process for an amount not to exceed $1,500,000.00.
Section 6. That the expenditure of $1,230,000.00 or so much thereof as may be necessary is hereby authorized from the Franklin County Municipal Court Clerk, organization 2601, capital improvement fund, fund 780, project 780001, oca 780001, object level one - 06, object level three - 6655.
Section 7. That pursuant to 329.16 of the Columbus City Code, this Council finds it in the best interest of the city to modify and extend the contract with 3SG Corporation.
Section 8. That upon obtaining other funds for the Franklin County Municipal Court, Clerk of Court document imaging of case files project, the City Auditor is hereby authorized and directed to repay the special income tax fund the amount of $400,000.00 transferred under Section 3, above, and said funds are hereby deemed appropriated for such purpose.
Section 9. The City intends that this ordinance constitute an "official intent" for the purposes of Section 1.150 (e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
Section 10. 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 11. That the debt service required on the $400,000.00 bond resulting from this transaction is to be paid from fund 227-002 in addtion to the debt service on the campainion bond of $1,200,000.00 issued in 2005 and $1,000,000.00 issued in 2006.
Section 12. All funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated.
Section 13. 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.