A letter regarding a bid waiver approved by Derby's local legislators on Dec. 14.
DERBY — The city’s legislative body approved two no-bid contracts during a meeting Thursday.
The first contract was awarded to Controlled Air of Branford for $4,999 annually. The company was hired to maintain the heating, ventilation and air conditioning system at Payden Field House off Chatfield Street.
A memo included in the agenda packet for the meeting of the Board of Aldermen and Alderwomen — presumably written by the city’s corporation counsel — points out that city government was allowed to award the contract without going out to bid because the total cost is less than $5,000, the threshold set by the Derby City Charter.
The memo states a department head should have made a “reasonable effort” to obtain three written proposals. That didn’t come up during Thursday’s discussion, though parts of the audio recording from the meeting are difficult to hear.
The following two paragraphs are from the Derby City Charter and explain the circumstances regarding bid waivers:
“The regulations of this chapter shall not apply to purchases of, and contracts for, supplies, material and equipment where the cost of such purchase is below $1,000, such purchase being within the authority of the head of the department, subject to the approval of the Mayor, the City Clerk and the Finance Committee. The regulations of this chapter shall not apply to purchases of, and contracts for, supplies, materials and equipment where the cost of such purchases is greater than $1,000 and less than $5,000. In such event, the department head is required whenever possible to obtain three written price quotes in the open market. The department head must obtain the approval of the Mayor, the City Clerk and the Finance Committee prior to the issuance of purchase order for such item.
The meeting agenda cites the corporation counsel as okaying the move because Controlled Air is “an existing vendor for the City of Derby.”
The board also voted to waive going out to bid to replace failing equipment at the sewage treatment plant in downtown Derby. The city’s Water Pollution Control Authority (WPCA) needs to purchase a $625,000 rotary press dewatering system. A letter to the Alders from WCPA chairman Jack Walsh points out the current system recently failed and must be replaced.
Walsh said a bid waiver is needed because the company in question — Fournier — is the only vendor in the U.S. able to provide the equipment. A letter from the company to the WPCA further explains that the system’s technology is proprietary, meaning it can only be provided by the company.
Walsh pointed out the project and the company were vetted by both the WPCA board, engineers, and the city’s infrastructure committee.
The money to pay for the system is coming from a WPCA bond referendum Derby voters approved in 2014.
Dewatering machines separate solids from liquids in sewage treatment plants, creating what’s known as ‘cake,’ which can be trucked away for disposal.
At the same Dec. 14 meeting, the Alders:
* Officially authorized the John H. Collins American Legion Post 24 to maintain a World War I cannon in front of the Veterans Memorial building at 2 Atwater St. Though the cannon has been there for a very long time, the federal government apparently requires official authorization as to who maintains the cannon, which is technically on city property.
* Granted permission to Three Saints Orthodox Church of Ansonia to use the new Derby Fishing Pier so they can bless the Naugatuck and Housatonic rivers on Sunday, Jan. 7.
* Approved a request from the Derby-Shelton Rotary Club to use the perimeter of Derby City Hall and the Derby Green for the “Flags for Heroes” program.
* The board also met in executive session, a type of meeting closed to the public but allowed under specific circumstances outlined in state law. They interviewed (and then hired) a new interim finance director (story here). In addition, the Alders apparently received an update from the corporation counsel on efforts to move a scrapyard at 2 Factory St. from its current location. They also discussed “potential” litigation involving 17 – 25 Crescent St.
It should be noted that state law allows executive sessions for “pending,” not “potential” litigation. Source.
