Explanation
BACKGROUND: The City of Bexley and the City of Columbus have a longstanding relationship whereby the Department of Public Safety, Division of Fire provides fire protection and emergency medical services to the City of Bexley. Pursuant to a contract in place between the Parties from 2018 to 2023 and the current contract which runs from 2024 through 2028, the City of Bexley compensates the City of Columbus for fifteen fire personnel and a portion of the costs for one fire engine. During a recent audit, the City of Bexley and the Division of Fire discovered that invoices submitted by the Division of Fire to the City of Bexley from 2018 through 2024 charged the City of Bexley for seventeen, rather than fifteen, fire personnel. Thus, the City of Bexley compensated the City of Columbus for two additional fire personnel for each year from 2018 through 2024. After revising the invoices to correctly reflect the number of fire personnel providing services, the City of Bexley and Division of Fire agree that the overpayment paid by the City of Bexley was one million five hundred seven thousand six hundred eighty three dollars and forty seven cents ($1,507,683.47) above the contractual amount from 2018 through 2024. To resolve this issue, the City of Bexley and the Division of Fire propose a credit of $1,507,683.47 to the amount the City of Bexley owes the City of Columbus for contractual services during calendar year 2025. The credit will be equally split between the invoices sent by the Division of Fire to the City of Bexley in April and October of 2025. The terms of this settlement shall be set forth in a Settlement Agreement and Addendum No. 1 Intergovernmental Agreement for Fire and Emergency Services between the Parties.
FISCAL IMPACT:
This ordinance authorizes a credit of $1,507,683.47 to be applied against amounts the City of Bexley will owe to the City of Columbus for the provision of fire protection and emergency medical services during calendar year 2025, equally split on invoices to be issued in April 2025 and October 2025. Monies will not be paid from City of Columbus funds. However, revenue expected to be received by the Division of Fire during calendar year 2025 will decrease by $1,507,683.47.
Emergency Designation: This ordinance is being processed as an emergency measure in order to ensure that the contract is amended and the Settlement Agreement and Addendum No. 1 Intergovernmental Agreement for Fire and Emergency Services are executed by both parties in advance of the issuance of the April 2025 invoice.
Title
To authorize the City Attorney, on behalf of the Director of the Department of Public Safety, Division of Fire, to enter into a settlement agreement with the City of Bexley to provide a credit of $1,507,683.47 against amounts the City of Bexley will owe for the provision of fire protection and emergency medical services for calendar year 2025 to resolve agreed upon overpayments made by Bexley for the period from 2018 through 2024; to authorize and direct the Director of the Department of Public Safety to amend the current fire and EMS contract with the City of Bexley by clarifying its terms to specifically define the number of personnel to provide fire and emergency medical services; and to declare an emergency. (0.00)
Body
WHEREAS, the Department of Public Safety, Division of Fire provides fire protection and emergency medical services for an annual fee to the City of Bexley pursuant to a contract; and
WHEREAS, an audit of invoices and payments made from 2018 through 2024 revealed the City of Bexley paid $1,507,683.47 over the amount required by the relevant contracts; and
WHEREAS, the Division of Fire and the City of Bexley propose a credit of $1,507,683.47 to be applied to the amount the City of Bexley will owe for calendar year 2025, equally split on invoices to be issued in April 2025 and October 2025 to resolve the overpayment issue; and
WHEREAS, the Division of Fire and City of Bexley agree to amend the current contract to clarify its terms by specifically defining the number of personnel to provide fire and emergency medical services; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, Division of Fire in that it is immediately necessary to authorize the City Attorney on behalf of the Director of Public Safety to enter into a Settlement Agreement with the City of Bexley to resolve the overpayment issue by authorizing Public Safety to apply the proposed credit to the invoices that will be sent in April 2025 and October 2025 and to authorize the Director of Public Safety to amend the current contract by clarifying its terms to specifically define the number of Division of Fire personnel to provide fire and emergency medical services, all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney, on behalf of the Director of the Department of Public Safety, Division of Fire is hereby authorized to enter into a Settlement Agreement with the City of Bexley to resolve the outstanding overpayment issue by providing a credit of $1,507,683.47 to the City of Bexley. The credit will be applied to the amounts that will be owed by the City of Bexley for calendar year 2025, equally split on invoices to be issued in April 2025 and October 2025 for the provision of fire protection and emergency medical services. And that the Director of the Department of Public Safety, Division of Fire is hereby authorized to amend the current contract by clarifying its terms to specifically define the number of Division of Fire personnel to provide fire and emergency medical services.
SECTION 2. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.