Explanation
BACKGROUND: The City Attorney issued a Request for Statement of Qualifications pursuant to the requirements of city code section 329.13 in order to solicit proposals for special counsel legal services related to the Department of Public Utilities' Integrated Plan. Eleven statements of qualifications were received and reviewed, and, pursuant to city code section 329.13, proposals were requested from four of the responding law firms. Upon review of the four proposals received, it was determined that the proposal submitted by the law firm of Porter Wright Morris and Arthur would best meet the needs of the Department of Public Utilities for the Integrated Plan project. This legislation authorizes the City Attorney to enter into a contract for special legal counsel services on behalf of the Department of Public Utilities with the law firm of Porter Wright Morris and Arthur to provide legal support related to the Department of Public Utilities' Integrated Plan.
CONTRACT COMPLIANCE NO: 31-4373657 | MAJ | Exp. 11/13/2014
EMERGENCY DESIGNATION: Emergency designation is requested at this time.
FISCAL IMPACT: To transfer within and expend $250,000 from Sanitary Sewer General Obligation Bond Fund, Fund 664 and to amend the 2012 Capital Improvements Budget.
Title
To authorize the City Attorney to enter into a contract on the behalf of the Director of Public Utilities for special legal counsel services with the law firm of Porter Wright Morris and Arthur to provide legal support related to the Department of Public Utilities' Integrated Plan, to authorize the transfer within and expenditure of $250,000 from Sanitary Sewer General Obligation Bond Fund, and to declare an emergency ($250,000.00).
Body
WHEREAS, the Department of Public Utilities is under a mandate from Ohio EPA to eliminate sanitary sewer overflows and basement back-ups; and
WHEREAS, the Department previously submitted to Ohio EPA a plan to achieve the elimination of sewer overflows and basement back-ups, which plan was approved by Ohio EPA; and
WHEREAS, the approved plan relies exclusively on expensive tunnels and other gray infrastructure; and
WHEREAS, in 2012, the Department sought and received from Ohio EPA permission to investigates a new option, known as the Integrated Plan; and
WHEREAS, the Integrated Plan would eliminate sewer overflows and basement back-ups primarily by eliminating sources of clear water from sanitary sewers, such as leaking laterals, downspout connections, while also increasing green infrastructure to treat stormwater; and
WHEREAS, the Integrated Plan would require the Department to have access to private property to achieve the goal of eliminating clean water from the sanitary sewers, which raises certain legal issues; and
WHEREAS, the City Attorney and the Department of Public Utilities desire to obtain special legal counsel to assist in investigating the legal issues raised by the Integrated Plan; and
WHEREAS, the City Attorney solicited statements of qualifications and proposals pursuant to the requirements of city code section 329.13; and
WHEREAS, upon evaluation of all statements of qualifications and proposals, it was determined that the proposal submitted by the law firm of Porter Wright Morris and Arthur would best meet the needs of the Department of Public Utilities for the Integrated Plan project; and
WHEREAS, it is necessary to authorize the transfer within and expenditure of funds from the Sanitary Sewer General Obligation Bond Fund, Fund 664, in the amount of $250,000 for purposes of providing sufficient funding for the aforementioned project expenditure; and
WHEREAS, it is necessary to authorize an amendment to the 2012 Capital Improvements Budget for the purpose of providing sufficient spending authority for the aforementioned project expenditures and
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary for the public peace, property, health, safety and welfare of the city to enable the City Attorney to enter into the contract for such services to provide for timely assistance to the City; Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney be and hereby is authorized to enter into a contract on behalf of the Department of Public Utilities with Porter, Wright, Morris and Arthur, 41 South High Street, Columbus, Ohio 43215 for legal services pertaining to the Department of Public Utilities Integrated Plan.
SECTION 2. That the City Auditor is hereby authorized to transfer $250,000.00 within the Department of Public Utilities, Division of Sewerage and Drainage | Dept. / Div. No. 60-05 | Sanitary Sewer General Obligation Bond Fund | Fund No. 664 | Object Level Three 6684, as follows:
From:
Project No. | Project Name | OCA Code | Change
650100-100001 | Sanitary Sewer Contingency CA/CI | 664101 | -$250,000.00
To:
Project No. | Project Name | OCA Code | Change
650004-100001 | Legal Assistance for Integrated Plan / Sanitary Sewer Overflow / Green Infrastructure | 640401 | +$250,000.00
SECTION 3. That the Director of Public Utilities be and hereby is authorized to expend up to $250,000.00 from the Sanitary Sewer General Obligation Bond Fund into the Legal Assistance for Integrated Plan / Sanitary Sewer Overflow / Green Infrastructure Project | Fund 664 | Div. 60-05 | Proj. 650004-100001 | 640401 | Object Level Three 6684.
SECTION 4. That the 2012 Capital Improvements Budget Ordinance 0368-2012 is hereby amended as follows, to provide sufficient budget authority for the award of the agreement stated herein:
Project No. | Project Name | Current Authority | Revised Authority | (Change)
650100-100001 | Sanitary Sewer Contingency CA/CI | $455,172 | $205,172 | (-$250,000)
650004-100001 | Legal Assistance for Integrated Plan / Sanitary Sewer Overflow / Green Infrastructure | $0 | $250,000 | (+$250,000)
SECTION 5. That the City Auditor is hereby authorized to transfer any unencumbered balance in the project account to the unallocated balance within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project; except that no transfer shall be made from a project by monies from more than one source.
SECTION 6. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 7. 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 8. That for reasons stated in the preamble hereto, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.