Explanation
1. BACKGROUND
The Division of Mobility Options is responsible for bikeway pavement markings such as sharrows and lane separation throughout the City to promote bikeway safety and expedite vehicular traffic flow. The Purchasing Office solicited formal competitive bids for the purchase of bikeway pavement marking materials and intends to establish a universal term contract (UTC) per Ordinance 1073-2010. This ordinance authorizes the expenditure of monies for these bikeway pavement marking materials per the terms and conditions of the universal term contract. The total cost of these materials totals $86,400.00.
This ordinance authorizes the purchases per the pending UTC contract with Flint Trading Inc. for anticipated needs for bikeway pavement marking materials in the amount of $86,400.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Flint Trading Inc.
2. CONTRACT COMPLIANCE
Flint Trading Inc.'s contract compliance # 561736552 and expires: 7/22/2010
3. FISCAL IMPACT:
This expense can be accommodated within the Streets and Highways G.O. Bonds Fund, Bikeway Development - Permanent Pavement Marking Commodities project, by appropriating and transferring $86,400 within the Special Income Tax Fund. This funding method is a temporary measure and this amount will be restored to the Special Income Tax Fund subsequent to the next note/bond sale for the Division of Design and Construction Capital Improvement Projects.
4. EMERGENCY DESIGNATION
Emergency action is requested to procure the needed bikeway pavement marking materials as soon as possible to provide sufficient supply to meet the Division's schedules at the earliest possible time for the safety of the traveling public.
Title
To authorize the Director of Finance and Management to establish a purchase order with Flint Trading Inc. for the purchase of bikeway pavement marking materials per the terms and conditions of a pending universal term contract for the Division of Mobility Options; to authorize and direct the City Auditor to transfer $86,400.00 from the Special Income Tax Fund to the Streets and Highways G.O. Bonds Fund; to authorize the City Auditor to appropriate $86,400.00 within the Streets and Highways G.O. Bonds Fund to authorize the expenditure of $86,400.00 from the Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($86,400.00)
Body
WHEREAS, the Purchasing Office solicited bids and is establishing a universal term contract for the purchase of bikeway pavement marking materials per Ordinance 1073-2010; and
WHEREAS, the Division of Mobility Options has a need to procure these materials in a timely manner so as not to delay scheduled placement of these pavement markings; 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 which the city will issue to finance this project is presently expected not to exceed $86,400.00; 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 Division of Mobility Options, Department of Public Service, in that it is immediately necessary to establish a purchase order for this purpose, 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 Director of Finance and Management be and hereby is authorized to establish a purchase order for the purchase of bikeway pavement marking materials per the terms and conditions of a pending universal term contract for the Division of Mobility Options as described below.
Fund/ Project #
704 / 540002-100026
SA003634
Flint Trading Inc.
Bikeway Pavement Marking Materials - $86,400.00
Section 2. The sum of $86,400.00 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, 2010 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, 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 $86,400.00 is hereby appropriated within Fund 704, the Streets and Highways G.O. Bonds Fund, Dept-Div. 59-10, Division of Mobility Options, Object Level One Code 06, Object Level Three Code 6631, OCA Code 740226 and Project 540002-100026 for the Bikeway Development - Permanent Pavement Marking Commodities project for the Division of Mobility Options.
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 to repay the Special Income Tax Fund the amount transferred under Section 3 above.
Section 7. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract(s) or contract modification(s) associated with the expenditure of the funds transferred under 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 $86,400.00 (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 $86,400.00 be and hereby is authorized from the Streets and Highways G.O. Bonds Fund, Fund 704, Dept.-Div. 59-10, Division of Mobility Options, O.L. 01-03 Codes 06-6631, OCA Code 740226, Project 540002-100026 for the Bikeway Development - Permanent Pavement Marking Commodities to pay the cost thereof.
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.