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City Council

Regular Meeting

Hackensack, NJ · April 9, 1992

Minutes

Minutes

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, at 7:00 P. M., on Thursday, April 9, 1992. Mayor Zisa called the meeting to order and asked the City Clerk to call the roll. Present Mayor John F. Zisa, Deputy Mayor Sandra A. Robinson, Councilmen Mark A. Stein and Mauro A. Mecca, City Attorney Richard E. Salkin, City Manager James s. Lacava and City Clerk Doris L. Dukes. I Absent - Councilman Roger B. Mattei Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice to this meeting was provided by sending a notice to the Record and posting a copy on the Bulletin Board in City Hall ". Laura Carucci, Court Stenographer from the firm of Attorneys Court Reporting was present to stenographically recorded this meeting. Mayor Zisa called upon Mr. Salkin to give the details of the meeting. Mr. Salkin said January 23, 1992, bids were submitted for the refurbishment of Tower Ladder 314 and the Mayor and Council awarded --purporting to award the bid to Fire Apparatus Unlimited for the sum of $61,500.00. Information was submitted to Mr. Carnevale, Chief Financial Officer regarding the low bidder be able to conform to the terms of the contract. All bidders were notified of this meeting to hold a I "responsibility hearing " as to the low bid. The bidders were also requested to extend their bidding beyond the sixty -day period of time. The following were present Michael J. Sweeney, the Attorney and Stephen Gallagher were present for Fire Apparatus Unlimited, Inc. Joseph Mongelli, Sales Representative was present for Road Masters Repair, who indicated he was not a principal in the company. No one was present on behalf of Jacee Moore Industries or Baker Equipment Engineering Company. Fred Schmidt, was present for Cambria Auto Company. Raymond Carnevale, Chief Financial Officer for the City of Hackensack was sworn in by the City Clerk and questioned by the City Attorney as to the sequence of events occurring from the date of advertising for bids to the present. Mr. Carnevale read a letter from Fire Apparatus Unlimited, which stated Community Fire Equipment, located at 59 I Liberty Street, Passaic, N. J., is the approved service and warranty facility for Fire Apparatus Unlimited. Signed by Robert B. Gray, Marketing Representative. He said he received a telephone call from Scotty of Road Master, stating Community Fire Equipment does not have a CO at the Liberty Street address. Fire Apparatus Unlimited, was then so advised. Mr. Salkin also communicated with representatives of Road Master and Fire Apparatus and Community Fire Equipment, Inc. The City Attorney advised Council they must make a determination of whether the low bidder, Fire Apparatus Unlimited, Inc., is in compliance and can provide the service required, or they would have the option to reject all bids, or award the bid to the next lowest bidder, Road Master. He said that the question has come down basically to the Zoning Ordinance of the City of Passaic, in that he was advised by the Zoning Officer that Community Fire Equipment, Inc. had no C. 0. and cannot undertake any business to provide the warranty services after the refurbishment is done. Subsequently Mr. Gallagher of Community Fire t faxed a copy of their C. O. which read, "garage and warehouse continued use ". Mr. Sweeney and Mr. Gallagher, after being sworn in, both testified as to the history of the C. O. in question. Members of Council asked questions regarding the matter which were answered. Comments were also made by Mr. Mongelli of Road Master Repair. Mayor Zisa stated there is some question as to whether or not the low bidder is qualified to meet the bid specifications and if they have failed to meet those specifications, a decision would have to be made as to whether they would be disqualified. Fire Chief Freeman was also present and was questioned by the City Attorney as it relates to his review of the specifications and his recommendation of award to Fire Apparatus Unlimited. After a very lengthy and extensive discussion, the following resolution was acted upon by Council. Resolution #121 OFFERED BY: STEIN SE CONDED BY: ROBINSON WHEREA S, on March 16, 1992, the Mayor and Council of the City of t Hackensack did approve Resolution No. 80, incorporated herein by reference, which purported to award a contract to Fire Apparatus Unlimited, Inc., 3044 Industrial Boulevard, Bethel Park, Pennsylvania 15102, for the Refurbishment of the Tower Ladder #314; and WHEREAS, of the six bids received by the City, the $61,500.00 bid submitted by Fire Apparatus Unlimited, Inc. was the lowest received; and WHEREAS, subsequent to the approval of Resolution No. 80, the Chief Financial Officer of the City of Hackensack received information concerning the ability of Fire Apparatus Unlimited, Inc. to perform according to item No. 13 of the "Instructions to Bidders " which states, " Factory approved service facilities shall be provided within a fifty (50) mile radius of the City of Hackensack "; and WHEREA S, upon the receipt of said information the Chief Financial Officer duly notified all bidders of a "responsibility hearing " before the Mayor and Council of the City of Hackensack to be held 7:00 P. M. on Thursday, April 9, 1992; and WHEREAS, said hearing was held at the appointed time and place, at which time all interested- parties were permitted to come forward with any and all relevant information concerning the ability of Fire t Apparatus Unlimited, Inc. to perform according to the required specifications promulgated by the City of Hackensack in its invitation to bid; and WHEREAS, the "Instructions to Bidders " specifically reserved the right to the City Council for the rejection of all bids; and WHEREA S, in light of the facts, circumstances, and conduct of the bidders in this matter, it is the perception of the Mayor and Council that the entire bid process undertaken by the City of Hackensack has been tainted, if not compromised. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack as follows: 1. The approval on March 16, 1992, of Resolution No. 80 purporting to award a contract to Fire Apparatus Unlimited, Inc. for "The Refurbishment of Tower Ladder No. 314 " in the amount of $61,500.00 be and hereby is rescinded: and I 2. All bids received by the City of Hackensack on January 23, 1992, for the Refurbishment of the Tower Ladder No. 314 be and hereby are REJECTED. Roll Call: Mecca - No: Robinson, Stein, Zisa - Yes Absent - Mattei Motion offered by Robinson, seconded by Stein that the meeting be adjourned. Carried. (9:30 P. M. ) I ABSENT COUNCILMAN ROGER B. MATTEI ATTEST:/ _ ()(f-��v<P� e CITY CLERK I

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