Fire equipment bid sparks controversy among council members

After two meetings, council members award bid to low bidder on a 3-2 vote.

HARRIS – The fear of being blacklisted by Federal Emergency Management Agency (FEMA) drove the Harris City Council towards accepting the low bid for fire department equipment on Thursday, July 31, 2008.
The decision was the result of a meeting which began on Wednesday night, July 30 and continued the next night.
Two bids were opened on Wednesday morning, July 30. Alex Air Apparatus submitted the high bid at $129,088.68. The low bidder was Metro Fire at $111,235.46.
However, the issue wasn't as simple as accepting the low bid. It was complicated by the fact that members of the fire department – without the chief's knowledge – had ordered the equipment from Alex Air Apparatus without going out for bids. Staff at city hall became aware of the order when they received a bill.
To rectify the situation, city clerk Jennifer Wothe then compiled equipment specifications and followed the legal bidding process, as required by the $121,000 grant the city received from FEMA for the personal protective equipment (PPE) and self-contained breathing apparatus (SCBA) equipment.
During the meeting on Wednesday night, council members Doug Chaffee and John Pelant, both members of the fire department, requested to see Metro Fire's equipment in person. Arrangements were made for Metro Fire to show up on Thursday night.
Council members also discussed how Metro Fire had submitted a complete bid, while the one from Alex Air Apparatus did not include any equipment details, but merely an overall price.
"[Alex Air] dropped the ball for the bidding process," said Pelant.
Council member Doug Chaffee defended the company, stating that they were honest.
Prior to leaving the council chambers, members were instructed by Mayor Rick Smisson to have no contact with either of the two companies until the next night at the council meeting.
After looking at the Metro Fire equipment on Thursday night, Pelant questioned what the company's warranty was. He also expressed his belief that Alex Air's equipment was better because it had a swivel head that enable the packs to move with the firefighter when he/she turned.
Wothe pointed out that the equipment Metro Fire submitted matched the specifications that were part of the bidding process. She said that if the council members wished to change the specs, they would have to reject all bids, revise the specs, request bids and advertise all over again. She reminded council members that the city has a deadline of October to have the equipment.
Mayor Rick Smisson said he was concerned that because someone placed an order already, the city was then trying to amend its specifications in order to match the equipment that was lying around somewhere.
"The fire department kind of dropped the ball on this and didn't get enough information," said Pelant. "It was passed around to too many people."
Smisson stressed that the problem the city has now is following the proper process. "We will be taking on FEMA if we void out this process."
He pointed out that because the bids have been opened, the city has shown the hands of both companies. Regarding the option of rebidding, he said, "If you do that it looks like you're trying to rig the process. …
"I'm not going to vote for something that knowingly violates the law.
"If we wanted swivel whatever, we should have put it in the specs."
Smisson added, "You've got to think about the future rather than whether you want all the bells and whistles. I don't think they're worth being sued over. I don't think they're going to make a difference in saving your life."
Council member Doug Chaffee, who wrote the grant, stated that he was "totally disgusted" by what was occurring. "I am never going to write another grant," he said.
Pelant asked if the city could lose the FEMA grant.
"Yes," replied Smisson. "FEMA could step in and make us repay the grant and then we'd be blacklisted."
"In my opinion we go with the low bidder," said Pelant. Kathy Olson then made a motion to accept the bid from Metro Fire.
"And we learn our lesson and make sure next time we follow the process to a T," said Smisson.
He then called the vote. Voting for were council members Wayne Busiman, Kathy Olson and Smisson.
Voting against was Pelant and Chafee.