Explanation
BACKGROUND: The Franklin County Public Defender Commission performs all the duties and responsibilities under Section 12 of the City Charter, Chapter 173 of the Columbus City Codes, 1959, and Sections 120.13 and 120.14(e) of the Ohio Revised Code in providing legal counsel to indigent persons charged with criminal offenses. Since 1976, the City has contracted with the Commission to represent in the Franklin County Municipal Court all indigent persons charged (based on poverty guidelines as determined by the United States Department of Health and Human Services) with the violations of an ordinance of the City of Columbus. Except for State charged misdemeanors, the City funds the Municipal Unit while the Franklin County Commissioners fund the balance.
Award of this contract meets the procurement provisions of Chapter 329.29 and 3901.01 of the Columbus City Codes, 1959. Emergency action is requested since the start of this contract was January 1, 2006.
FISCAL IMPACT: This contract is presented on the basis of an understanding that the total contract for services upon which the City will pay the Commission is $3,628,489.00 of which it is expected the State Public Defender Commission will reimburse an estimated 28%, and the Franklin County Commissioners will pay 65% of the remaining expenses that are the result of State charged misdemeanors for a net cost to the City of $914,379.00. In the event the State reimburses at a different rate and/or the actual State charged misdemeanors differs, the contract may be amended upward or the City may be due on reimbursement. Funds for this contract are included in City Council's 2006 budget.
Title
To authorize the City Clerk to enter into contract with the Franklin County Public Defender Commission to provide legal counsel to indigent persons charged with criminal offenses, to authorize the expenditure of $914,379.00 from the General Fund; and to declare an emergency. ($914,379.00)
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