Explanation
BACKGROUND:
This legislation authorizes the Director of Public Safety to issue purchase orders to Atlantic Emergency Solutions, Inc., for the purchase of Fire and EMS emergency response apparatus/vehicles and related equipment.
The purpose of this ordinance is also to require Atlantic Emergency Solutions 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 Atlantic Emergency Solutions 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.
Emergency Designation:
Current build times 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 Code. Apparatus from Atlantic Emergency Solutions, Inc. have been part of the Fire Division's standardized equipment for several years, as both the Divisions of Fire and Fleet Management believe th...
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