Explanation
BACKGROUND:
The Sutphen Corporation is engaged in a bitter labor dispute with Teamsters Local 284. This dispute has raised a question with Columbus City Council as to whether the Sutphen Corporation can deliver a vitally needed Heavy Duty 100’ Mid-Mount Aerial Ladder for the Columbus Division of Fire without delay. This delay issue was highlighted at the May 12, 2025 meeting of Columbus City Council by the conflicting testimony of Josh Plichta of the Sutphen Corporation and Mark Vandak, President of Teamsters Local 284. President Vandak stated that the Sutphen Corporation “cannot promise the City of Columbus uninterrupted production or the on-time delivery of the fire apparatus.”
The purpose of this ordinance is to require Sutphen Corporation to contractually bind itself to its commitment to deliver without delay. Moreover, should delay in delivery occur, then the City will avail itself of all available legal remedies.
Therefore, City Council will require that any contract with Sutphen Corporation include both a liquidated damages clause and the option for cancellation based on a failure to meet the delivery date, which is a material, fundamental and crucial term of the contract due to the significant apparatus needs of the City. For example, the contract could specify that the delivery date for this vehicle shall be xx months from date of contract; that any delivery delays occasioned by strikes, labor disputes, and/or quality changes due to the use of replacement workers will constitute a material breach; and that if a delivery delay occurs, the city will have the option of either cancelling the contract or receiving a credit in purchase price as liquidated damages for each and every day of late delivery.
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.
Emergency Designation:
Current build times (14 months for the ladder) 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.
Bid Waiver:
Due to reasons referenced below and on the attached form, the Division of Fire requests a waiver of the competitive bidding provisions of the Columbus City Codes.
The apparatus from The Sutphen Corporation have been 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 Division of Fire requested quotes from three vendors for this apparatus purchase. The Sutphen Corporation was the only responsive bidder.
Contractor:
The Sutphen Corporation ~ FID #310671786 / Vendor 004200 / SOS Entity 309414
FISCAL IMPACT: Cash is available upon transfer from various projects within the Safety Voted Bond Fund for this purchase. An amendment to the 2024 Capital Improvement Budget is also required
Title
To authorize and direct the City Auditor to transfer $2,515,613.00 within various projects of the Safety Voted Bond Fund; to amend the 2024 Capital Improvement Budget; to waive the competitive bidding provisions of the Columbus City Code; to authorize the Finance and Management Director to enter into contracts with and issue purchase orders to The Sutphen Corporation for the purchase of one (1) Sutphen Heavy Duty 100’ Mid-Mount Aerial Ladder and related equipment, which would allow for cancellation and/or liquidated damages in the event of delayed delivery, such as those delays resulting from labor disputes; and to authorize the expenditure of $2,515,613.00 from the Safety Voted Bond Fund. ($2,515,613.00); and to declare an emergency
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 2024 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 purchase orders to The Sutphen Corporation for the purchase of a platform ladder 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; Now, Therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to make funds available for the fire apparatus to be purchased, as it takes 14 months to complete the building of the ladder and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To authorize and direct the Finance and Management Director to enter into contracts with and issue purchase orders to The Sutphen Corporation for the purchase of a platform ladder and related equipment and to include both a stipulated damages clause and a cancellation opt-out clause for late delivery in the contract, including delivery delays occasioned by strikes and/or labor disputes.
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 $2,515,613.00 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 2024 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 Fire Apparatus Replacement - Medic (Voted Carryover) P340150-100000 $2,983,306.00 $3,630,636.00 $647,330.00 (to match cash)
7701 Police Substation - Hilltop Area (Voted Carryover) P330070-100000 $7,417,857.00 $5,550,574.00 ($1,868,283.00)
7701 Fire Apparatus Replacement - Medics (Voted Carryover) P340150-100000 $3,630,636.00 $2,983,306.00 ($647,330.00)
7701 Fire Apparatus Replacement - Platform Ladders (Voted Carryover) P340151-100000 $2,570,629.00 $5,086,242.00 $2,515,613.00
7701 Fire Apparatus Replacement (Voted 2022 ITSA Supported) P340101-100000 $2,281,430.00 $413,147.00 ($1,868,283.00)
7701 Police Substation - Hilltop Area (Sullivant Ave.) (Voted 2022 ITSA Supported) P330070-100000 $7,718,570.00 $9,586,853.00 $1,868,283.00
SECTION 5. That the expenditure of $2,515,613.00, or so much thereof as may be needed, is authorized in Fund 7701 (Safety Bond Fund), Dept-Div 3004 (Division of Fire), Project P340151-100000 (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 this Council finds it is in the best interest of the City of Columbus to waive the competitive bidding provisions of the Columbus City Code, Chapter 329, relating to the aforementioned purchases from The Sutphen Corporation for the Division of Fire.
SECTION 10. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 10. 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.