Explanation
BACKGROUND
On May 19, 2025, Columbus City Council adopted Ordinance No. 1388-2025, which authorized the purchase of a Sutphen Corporation platform ladder truck and related equipment if the vendor agreed to a stipulated damages clause and a cancellation option clause for late delivery, including delays occasioned by strikes and/or labor disputes. However, the parties were unable to reach amicable terms, particularly concerning the inclusion of a liquidated damages clause and the specific duration and conditions of the contract.
As a result, the City is unable to proceed with the contract and must rescind and nullify the prior ordinance (1388-2025) that authorized the Director of Finance and Management to enter into an agreement with Sutphen. This ordinance repeals Ordinance No. 1388-2025 in its entirety.
FISCAL IMPACT: This ordinance will have no fiscal impact.
Emergency Designation:
Emergency action is necessary to nullify the prior authorization and contract expenditure for the purchase of a Heavy Duty 100’ Mid-Mount Aerial Ladder from The Sutphen Corporation. Timely action is required to prevent the continued encumbrance of funds for a contract that will not be executed, and to allow the Division of Fire to pursue alternative procurement options to meet its critical operational needs without delay.
Title
To repeal Ordinance No. 1388-2025, which authorized the purchase of a platform ladder truck and related equipment from Sutphen Corporation, in its entirety due to the fact that the parties were unable to reach amicable terms, particularly concerning the inclusion of a liquidated damages clause and the specific duration and conditions of the contract. ($0.00)
Body
WHEREAS, Ordinance No. 1388-2025 was adopted by Columbus City Council on May 19, 2025, and authorized the purchase of a platform ladder truck and related equipment from Sutphen Corporation if the vendor agreed to a stipulated damages clause and a cancellation option clause for late delivery, including delays occasioned by strikes and/or labor disputes; and
WHEREAS, following negotiations with The Sutphen Corporation, the City was unable to reach mutually acceptable contract terms, particularly with respect to the inclusion of a liquidated damages clause and firm delivery schedule provisions, rendering execution of the contract infeasible; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, Department of Public Safety in that it is immediately necessary to repeal ordinance 1388-2025 in its entirety in order to allow the Division of Fire to pursue alternate procurement options without delay; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Ordinance No. 1388-2025, passed on May 19, 2025, is hereby repealed in its entirety.
SECTION 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.