Explanation
This legislation authorizes the City Attorney, on behalf of the Department of Finance and Management, to modify and increase a special legal counsel agreement with the law firm Carpenter Lipps, LLP to provide legal representation pertaining to special legal services. The law firm of Carpenter Lipps has agreed to provide such representation.
The term of the original contract is from March 12, 2025 until such time as the need for outside legal counsel concludes or the parties mutually agree to terminate this contract, contingent on budgeted funds and approval of City Council. It is necessary to modify and increase the existing contract to allow for the additional funds to be added to the agreement.
Bid Waiver: It is in the City's best interest to waive competitive bidding because of the contractor's experience with the matters at hand and their expertise in this area of law.
1. Amount of additional funds: The total amount of additional funds needed for this contract modification is $660,000.00. The City of Columbus shall pay a blended rate of three hundred fifty dollars ($350.00) per hour for said services after the submittal of detailed invoices documenting the work performed.
2. Reason additional funds were not foreseen: The need for additional funds was unknown at the time of the original contract which was $50,000.00 (PO504045).
3. Reason other procurement processes were not used: This is a continuation of an agreement for legal services and it is in the best interest of the City to continue with current representation due to the firm's experience with the matters at hand and their expertise.
4. How cost was determined: The cost, terms, and conditions are in accordance with the original agreement.
SUPPLIER:
Carpenter Lipps, LLP | Vendor #047113
The contractor 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 Findings for Recovery Certified Search.
FISCAL IMPACT:
This legislation authorizes an expenditure of $660,000.00 from the General Fund. A transfer within the General Fund is necessary for this expenditure.
Emergency Designation: is requested to avoid any delay in the organization providing important upcoming case deadlines.
Title
To authorize the City Attorney, on behalf of the Department of Finance and Management, to modify an existing agreement for special legal counsel services with Carpenter Lipps, LLP; to waive competitive bidding and to increase funding; to authorize a transfer of $660,000.00 and an expenditure up to $660,000.00 within the General Fund; and to declare an emergency. ($660,000.00)
Body
WHEREAS, the City Attorney’s Office, on behalf of the Department of Finance and Management, entered into a contract with Carpenter Lipps, LLP for special legal Counsel services; and
WHEREAS, this Ordinance is being submitted in accordance with the relevant provisions of Chapter 329 of City Code pertaining to contract modifications and renewals; and
WHEREAS, due to Carpenter Lipps LLP's experience in the matters at hand and subject matter expertise, it is in the City's best interest to waive the competitive bidding provisions of the Columbus City Code; and
WHEREAS, it is necessary to authorize a transfer and expenditure of $660,000.00 of funds within the General 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 Finance and Management, to modify and increase the agreement for special legal counsel services with Carpenter Lipps, 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 the City Attorney is hereby authorized to modify and increase the agreement with Carpenter Lipps, LLP for special legal counsel services on behalf of the Department of Finance and Management, in accordance with the original agreement (PO504045) and the additional amount of $660,000.00.
SECTION 2. That the transfer of $660,000.00, or so much thereof as may be needed, is hereby authorized according to the attachment to this ordinance. And that Council finds it is in the City’s best interests to waive the relevant provisions of Chapter 329 of the Columbus City Codes regarding competitive bidding, and the same are hereby waived.
SECTION 3. That the expenditure of $660,000.00, or so much thereof as may be needed, is hereby authorized according to the attachment to this ordinance.
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 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.