Explanation
Background: This ordinance provides for ongoing progress in the City's efforts to obtain from three (3) cable operators (WideOpenWest, Time Warner, and Insight) additional channel capacity as required by the existing service permit agreements and Columbus City Code Section 595.05(J). The City intends to use this additional capacity to deliver, via digital or internet protocal (IP) video, training programs to City employees and to establish an internal commmuncation channel for City employees.
The Baller Herbst Law Group, P.C., was selected through the RFP process in 2005 by the Department of Technology to begin review of the City's needs and the cable operators' capabilities to deliver the additional channel capacity. A professional services contract was executed by the City Attorney's Office for $20,000 (ED 024065)with Baller Herbst to begin the review and begin discussing technological options with the cable providers. Formal technical meetings with all three cable operators occurred the week of January 9, 2006. A contract modification in the amount of $35,000 is necessary to keep Baller Herbst retained on this project in order to present options for the City in light of the technical proposals suggested by the cable operators and to negotiate a final technical and cost estimate for this project.
This modification is an addition to the original scope of services, but is a continuation of the existing work being performed and it would not be practical to contract with different legal counsel and consultants.
This ordinance authorizes the City Attorney to modify the existing professional services contract with the Baller Herbst in the amount of $35,000.00 to complete this task. Baller Herbst's total revised contract amount (including this modification) will be $55,000.00
Fiscal Impact: The total cost of this contract modification is $35,000.00. This sum is available within the Department of Technology's Fund No. 514.
Contract Compliance Number: 521354253 (expires 10/25/06)
Emergency action is requested for immediate modification of the professional services contract so the negotiations with the cable operators can continue without interruption, timely completion of the negotations can occur within 90 days of the modification and the City begin implementation of the negotiated solution.
Title
To authorize the City Attorney to modify an agreement for special legal counsel with representatives of the law firm of the Baller Herbst Law Group, P.C.; to authorize the expenditure of the sum of Thirty-five Thousand Dollars and no cents ($35,000.00); and to declare an emergency.
Body
WHEREAS, funds are available in the Department of Technology's budget for various legal expenses; and
WHEREAS, contract ED024065 with Baller Herbst Law Group, P.C. was entered into by the City Attorney after the RFP process was completed by the Department of Technology in order to obtain special legal and technical expertise for this project ; and
WHEREAS, it is necessary for the City to modify and increase this contract by $35,000.00 to continue the retention of Baller Herbst in order to complete the planning for this project and achieve a negotiated solution with all three cable providers;
WHEREAS, an emergency exists in the usual daily operations of Department of Technology and City Attorney's Office in it is immediately necessary that the contract be modified and increased so the negotiations can continue to occur without interruption and the City obtain the additional channel capacity without delay, 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 City Attorney is hereby is authorized to modify Contract No. ED024065 with representatives the Baller Herbst Law Group, P.C. for special legal counsel services.
SECTION 2. That for the purpose of paying costs of the modification, the Department of Technology is hereby authorized to approve and expend Thirty-five Thousand Dollars and no/cents ($35,000.00), or so much thereof as may be necessary, in accordance with the terms and conditions of such agreement, from Fund 514, Department of Technology, Department No. 47-02, Subfund 001, OCA Code 472425, OBJ Level One 03 3336.
SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part herof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in full 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.