Explanation
This ordinance will authorize the City Attorney to transfer funds within his budget, and to enter into a contract for special legal counsel services with Orville L. Reed, III, with the Akron office of the law firm, Buckingham, Doolittle and Burroughs, LLP, to assist the City Attorney in the defense of litigation entitled, Azzarella v. Frank Messer & Sons, et al. , Case Number CV 2000-03-1499, filed against the City of Columbus in the Summit County, Ohio Court of Common Pleas.
Fiscal Impact: Funds are available to be transferred within the City Attorney's budget for this purpose.
Title
To authorize the transfer of funds within the City Attorney's budget , to authorize the City Attorney to contract with Orville L. Reed, III for legal services in connection with Azzarella v. Frank Messer & Sons, et al., Case No. CV 2000-03-1499 in the Summit County Court of Common Pleas, to waive the competitive bidding provisions of the Columbus City Codes, to authorize the expenditure of One Hundred Thousand Dollars ($100,000.00), and to declare an emergency.
Body
WHEREAS, funds are available within the City Attorney's budget to be transferred to pay for Special Legal Counsel Services; and
WHEREAS, the City is involved in litigation with the case of Azzarella v. Frank Messer & Sons, et al., being Case No. CV 2000-03-1499, in the Summit County, Ohio Court of Common Pleas; and
WHEREAS, City Attorney Richard C. Pfeiffer, Jr. desires to enter into an contract with special legal counsel Orville L. Reed, III to assist in the City's representation; and
WHEREAS, by reason of the foregoing, an emergency exists in the usual operation of the City in the interest of timely defense of such litigation and for such other services and for the further preservation of the public peace, health, safety and welfare; now,therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That the City Auditor is hereby authorized and directed to transfer $100,000.00 within the City Attorney's budget as follows:
From: General Fund, Division 24-01, Fund Number 010, Object Level 3 - 5450, OCA Code - 900886.
To: General Fund, Division 24-01, Fund Number 010, Object Level 3 - 3324, OCA Code - 240101.
Section 2. That the City Attorney be, and he is hereby authorized to enter into a contract with attorney Orville L. Reed, III for special legal counsel services for the maximum contract obligation of One Hundered Thousand and 00/100 ($100,000.00) . Said expenditures shall be made from Division 24-01, Fund Nubmer 010, Object Level 3 - 3324, OCA Code - 240101.
Section 3. That the provisions of Chapter 329 Columbus City Codes relative to the procurement of professional services are hereby waived being deemed to be in the best interest of the City for the reason that this is a contract which requires specialized knowledge and services in litigation to which the City is a party.
Section 4. That there is hereby appropriated and authorized to be expended the sum of One Hundred Thousand Dollars and 00/100 ($100,000.00), or so much thereof that may be required, with Orville L. Reed, III, and the City Auditor is authorized to draw warrants upon the treasury for services thereunder upon receipt of invoices approved by the City Attorney.
Section 5. That for the reasons set forth in the preamble hereto, which is hereby incorporated by reference, this measure is hereby deemed to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and the same shall take effect and be in force from and immediately after its passage and signature by the Mayor, or within ten (10) days thereafter if the Mayor neither signs nor vetoes the same.