Explanation
BACKGROUND: This legislation authorizes the Director of the Department of Public Safety to pay Air Flite Inc.’s (“Air Flite”) commission fee for serving as a broker in the sale of the Division of Police's Bell 407GXi helicopter serial number 54906. This ordinance also authorizes the sale of the helicopter to a buyer when such buyer is identified by Air Flite. The City of Columbus, pursuant to Ordinance No. 1217-2022, passed on April 24, 2023, authorized the Director of Public Safety to enter into a contract with Air Flite to serve as the City's marketing agent in the sale of a Division of Police Helicopter, all the proceeds of which will be deposited back into the Special Income Tax Fund. This ordinance will fulfill the City's obligation of paying the broker commission fee of 2.5% of the sale price of the helicopter with payment amount not to exceed $105,000.00 pursuant to the terms of the contract with Air Flite authorized by Ordinance No. 1217-2022 and to authorize the Director of Public Safety to execute all documents necessary to consummate and conclude the sale once the buyer is identified by Air Flite including the AirCraft Purchase Agreement provided by Air Flite.
Contract Compliance: Air Flite Inc's CC No. CC041640
This company is not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery certified search.
Emergency Designation: This ordinance is being submitted as an emergency measure in order to expedite the sale of the helicopter in order to obtain monies to be used to expedite the purchase of critical mission equipment for the remainder of the helicopter fleet.
FISCAL IMPACT: This ordinance authorizes the sale of a Division of Police helicopter and the appropriation of $105,000.00 within the Special Income Tax Fund to pay broker commission fee to Air Flite Inc. in an amount not to exceed $105,000.00 from the Special Income Tax Fund. Funds are available for this expense. The revenue generated from this sale will be deposited in the Special Income Tax Fund.
Title
To authorize the appropriation of $105,000.00 within the Special Income Tax Fund; to authorize the Director of the Department of Public Safety to pay an amount not to exceed $105,000.00 to Air Flite Inc. for serving as a broker in the sale of a Division of Police Bell helicopter Bell 407GXi helicopter serial number 54906 authorized by Ordinance No. 1217-2022; to authorize the Director of Public Safety to execute all such documents necessary to consummate the sale of the Division of Police Helicopter; to authorize the expenditure of an amount not to exceed $105,000.00; to waive the relevant provisions of Columbus City Codes, 1959, pertaining to the sale of city-owned personal property; and to declare an emergency ($105,000.00)
Body
WHEREAS, the City of Columbus contracted with Air Flite, Inc. via ordinance 1217-2022 passed on April 24, 2023, to serve as a broker for the sale of a Division of Police Bell 407GXi helicopter serial number 54906 which is no longer in use; and
WHEREAS, Ordinance No. 1217-2022 determined that the use of a broker was in the best interest of the City due to the uniqueness of this type of sale and to obtain the highest possible revenue; and
WHEREAS, it is necessary to waive the provisions of Section 329.30 of the Columbus City Codes; and
WHEREAS, this ordinance will fulfill the city's obligation to pay the broker commission fee of 2.5% of the sale price of the helicopter once Air Flite has identified a buyer and completed all steps to consummate the sale, the payment amount not to exceed $105,000.00; and
WHEREAS, Air Flite has been used previously as a broker to sell the Division of Police's helicopters; and
WHEREAS, an emergency exists in the usual and daily operation of the Department of Public Safety, Division of Police, in that it is immediately necessary to authorize the Director to make payment to Air Flite as fees for brokering the sale of a helicopter in order to expedite the sale of the helicopter in order to obtain monies to be used to expedite the purchase of critical mission equipment for the remainder of the helicopter fleet all for the immediate preservation of the public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Public Safety Director be and is hereby authorized and directed to make payment to Air Flite for brokering the sale of a Bell 407GXi helicopter serial number 54906 in the amount not to exceed $105,000.00 once a buyer for the helicopter is identified.
SECTION 2. That the sale of the Division of Police Bell 407GXi helicopter serial number 54906 is hereby authorized;
SECTION 3. That from the unappropriated monies in the Special Income Tax Debt Fund No. 4430, and from all monies estimated to come into said fund from any and all sources and unappropriated for another purpose during the fiscal year ending December 31, 2023, the sum of $105,000.00 is appropriated to the Division of Police, Department of Public Safety, per the accounting codes in the attachment to this legislation.
SECTION 4. That the expenditure of an amount not to exceed $105,000.00, or so much thereof as may be needed, be and is hereby authorized from the Special Income Tax Debt Fund to pay Air Flite Inc. per the accounting codes in the attachment to this legislation.
SECTION 5. That the 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 6. That it is in the City's best interests to waive the provisions of Section 329.30 of the Columbus City Codes and said provision is hereby waived.
SECTION 7. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from the after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.