Fairhope, Alabama
PITTMAN TRACTOR COMPANY
After hearing again from city attorney Wynne that state law required the contract be awarded to the lowest bidder -- and that the city clerk had sought and gotten clearance from the state Ethics Commission, by a 3-2 vote the city council awarded a hurricane debris-cleanup contract to lowest bidder, Daphne-based Pittman Tractor Company.
Wynne added his opinion was concerning the awarding of the contract only, not the quality of the bid-tabulation process completed by the Public Works Dept.
After asking earlier that the vote be delayed so that city staff could re-compute the contract using a broader data base (more past storms as reference) Councilman Stankoski voted no.
Councilman Kingrea, an attorney himself, disagreed with Wynne, saying his reading of state law (and the city's bid specifications) allowed the city to award the contract to the "most qualified" bidder instead -- even if it cost more. Kingrea said that while he had no problem with Pittman's company receiving the contract, he thought it in the best interest of the city to award the contract to the "most qualified."
Councilmember Quinn suggested considering having no contract at all -- letting the Army Corps. of Engineers do the job in the event of a disaster - but received no support for that proposal.
Councilman Ford agreed with Wynne and said he thought the law was clear: low bidder Pittman must be awarded the contact.
Councilman Mixon voted yes, but had wanted a caveat added so the the contract could be nullified depending on the outcome of a federal investigation into the BP oil-boom matter.
(Pittman's company had been contracted by the city to lay out the protective boom in the bay during the BP oil spill two years ago, but legal issues arose because he, Pittman, was also one of those appointed by the Governor to distribute the emergency money used for the booming and other protective measures).
City Attorney Wynne advised against Mixon's proposal.
Full discussion follows:
After hearing again from city attorney Wynne that state law required the contract be awarded to the lowest bidder -- and that the city clerk had sought and gotten clearance from the state Ethics Commission, by a 3-2 vote the city council awarded a hurricane debris-cleanup contract to lowest bidder, Daphne-based Pittman Tractor Company.
Wynne added his opinion was concerning the awarding of the contract only, not the quality of the bid-tabulation process completed by the Public Works Dept.
After asking earlier that the vote be delayed so that city staff could re-compute the contract using a broader data base (more past storms as reference) Councilman Stankoski voted no.
Councilman Kingrea, an attorney himself, disagreed with Wynne, saying his reading of state law (and the city's bid specifications) allowed the city to award the contract to the "most qualified" bidder instead -- even if it cost more. Kingrea said that while he had no problem with Pittman's company receiving the contract, he thought it in the best interest of the city to award the contract to the "most qualified."
Councilmember Quinn suggested considering having no contract at all -- letting the Army Corps. of Engineers do the job in the event of a disaster - but received no support for that proposal.
Councilman Ford agreed with Wynne and said he thought the law was clear: low bidder Pittman must be awarded the contact.
Councilman Mixon voted yes, but had wanted a caveat added so the the contract could be nullified depending on the outcome of a federal investigation into the BP oil-boom matter.
(Pittman's company had been contracted by the city to lay out the protective boom in the bay during the BP oil spill two years ago, but legal issues arose because he, Pittman, was also one of those appointed by the Governor to distribute the emergency money used for the booming and other protective measures).
City Attorney Wynne advised against Mixon's proposal.
Full discussion follows:
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