Explanation
BACKGROUND AND BID INFORMATION:
This legislation authorizes the Finance and Management Director to issue purchase orders to The Sutphen Corporation for the purchase of Fire and EMS emergency response apparatus/vehicles and related equipment.
Competitive bidding is being requested to be waived for the contract authorized by this ordinance. City agencies are required to obtain at least three actual quotes from State Term Schedules (STS). Due to reasons referenced below, the Fire Division request procurement via STS which requires a bid waiver. Therefore, all these requests for the following purchases, which are being made via STA contracts STS023111 / STS614, will require bid waiver.
Quotes Received Amount Build Times
Sutphen Corporation $2,432,621.00 15-17 Months
Atlantic Emergency Solutions $2,664,058.00 48 months
The apparatus from The Sutphen Corporation has been part of the Fire Division's standardized equipment for several years, as both the Divisions of Fire and Fleet Management, believe these products are the best for their operations given the quality, durability and customizability each manufacturer offers, as well as the cost-effective approach that has resulted from negotiating directly with each manufacturer during the build process. The subsequent contracts established by Fleet Management with each manufacturer have also simplified the managing of parts/service after purchase.
The delivery date is a material, fundamental and crucial term of the contract due to the significant apparatus needs of the City. The delivery date for this vehicle, as bid by the Contractor in Contractor's Proposal, shall be 17 months from the effective date of
the Contract. If the delivery date is delayed more than 17 months from the effective contract date, the City shall have the option to either cancel the contract or receive liquidated damages in the amount of $500.00 per day, beginning on the 1st day after that
17-month period and shall continue each day thereafter that Contractor fails to deliver the equipment. The parties irrevocably acknowledge and agree that this liquidated damage amount is only intended to compensate the City for the damages it incurs as a direct result of the Contractor's failure to deliver the equipment contemplated by this Contract and that such liquidated damage sum reasonably estimates the damage the City will incur due to delayed delivery of the equipment and the City's inability to use the equipment as contemplated by this Contract and is not intended as a penalty. The City and the Contractor each irrevocably waive the right (if any) to challenge the validity and enforceability of Section 21 of the Contract.
The Sutphen Corporation ~ FID #310671786 / Vendor 004200 / SOS Entity 309414 ~ The Division of Fire has a need to purchase one (1) Sutphen Heavy Duty 100’ Mid-Mount Aerial Ladder in the total amount of $2,432,621.00. This purchase will also include all pertinent equipment to be utilized on the respective vehicles.
EMERGENCY DESIGNATION: Current build times (15-17 months for ladders) for the fire apparatus purchased in this ordinance require emergency action to ensure funds are encumbered immediately to allow for the production of these custom apparatus to commence upon passage of this ordinance and confirmation of the subsequent purchase orders.
FISCAL IMPACT: Cash is available upon transfer from various projects within the Safety Voted Bond Fund for this purchase. An amendment to the 2025 Capital Improvement Budget is also required
Title
To authorize and direct the City Auditor to transfer $2,432,621.00 within various projects of the Safety Voted Bond Fund; to amend the 2025 Capital Improvement Budget; to waive the competitive bidding provisions of the Columbus City Codes, Chapter 329; to authorize the Finance and Management Director to enter into a contract with and issue a purchase order to Sutphen Corporation for the purchase of one (1) Sutphen Heavy Duty 100’ Mid-Mount Aerial Ladder; to authorize the expenditure of $2,432,621.00 from the Safety Voted Bond Fund; and to declare an emergency. ($2,432,621.00)
Body
WHEREAS, a need exists within the Fire Division to purchase front line response rescue and fire apparatus and related equipment; and,
WHEREAS, a transfer of funds within the Safety Voted Bond Fund is necessary to fund this purchase; and,
WHEREAS, it is necessary to amend the 2025 Capital Improvement Budget; and;
WHEREAS, it is necessary to authorize an expenditure of funds from the Safety Voted Bond Fund; and
WHEREAS, it is necessary to authorize the Director of Finance and Management to issue a purchase order to The Sutphen Corporation for the purchase of emergency response apparatus/vehicles and related equipment needed by the Division of Fire; and,
WHEREAS, a waiver to the competitive bidding provisions of the Columbus City Codes is necessary as per the attachment to this ordinance; and
WHEREAS, a liquidated damages cause will be included in the contract and will go into effect if the delivery date is delayed more than 17 months from the effective contract date; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety in that it is immediately necessary to authorize the Director of the Department of Finance and Management to make these purchases and transfer said funds from within the Safety Voted Bond Fund to purchase said equipment as current build times are 15-17 months for ladders, all for the immediate preservation of the public health, peace, property, safety, and welfare; Now, Therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To authorize the Finance and Management Director to enter into a contract with and issue a purchase order to The Sutphen Corporation for the purchase of emergency response apparatus/vehicles and related equipment.
SECTION 2. That the City Auditor is hereby authorized and directed to transfer said funds within the Safety Voted Bond Fund per the account codes in the attachment to this ordinance at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 3. That the transfer of cash and appropriation in the amount of $2,432,621.00 is hereby authorized between projects within the Safety Voted Bond Fund, per the account codes in the attachment to this ordinance
SECTION 4. That the 2025 Capital Improvement budget is hereby amended as follows in order to provide sufficient budget authority for this ordinance.
Fund | Project Name (Funding Source) | Project Number | Current Authority | Revised Authority | Difference__
7701 Public Safety Campus (Voted Carryover) P330045-100000 $6,063,469.00 $3,630,848.00 ($2,432,621.00)
7701 Fire Apparatus Replacement - Platform Ladders (Voted Carryover) P340151-100000 $5,466,962.00 $7,879,583.00 $2,432,621.00
SECTION 5. That the expenditure of $2,432,621.00, or so much thereof as may be needed, is authorized in Fund 7701 (Safety Bond Fund), Dept-Div 3004 (Division of Fire), Project P340151-10000 (Fire Apparatus Replacement - Platform Ladders) in Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 3 above.
SECTION 7. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account 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.
SECTION 8. That all 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 9. That a liquidated damages clause will be included in the purchase contract and will go into effect at a rate of $500.00 per day if the delivery date of the apparatus is delayed more than 17 months from the effective contract date.
SECTION 10. That this Council finds it is in the best interest of the City of Columbus to waive the competitive bidding equipment provisions of the Columbus City Code, Chapter 329, relating to the aforementioned purchases from Sutphen Corporation for the Division of Fire.
SECTION 11. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared 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.