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 bui...
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