13-C PEDC (01/20/04)MINUTES OF THE REGULAR MEETING OF THE PARIS ECONOMIC
DEVELOPMENT CORPORATION
January 20, 2004
The Paris Economic Development Corporation met in regular session on
Tuesday, January 20, 2004, 4:00 P.M., at Paris Junior College, Bobby R.
Walters Applied Technology Building, Room 1206, 2400 Clarksville Street,
Paris, Texas. President Don Wall called the meeting to order with the following
Directors present: Sims Norment, Richard Severson, Rodney Bass, and Mike
Dunn. Also present were Executive Director Gary Vest, City Manager
Michael E. Malone, City Attorney Larry W. Schenk, Mayor Curtis R. Fendley,
Ex-officio Member Pam Anglin, and Acting City Clerk Sherian Dixon.
President Wall called the meeting to order and stated that since some of the
members needed to leave early they would skip down to item number five,
which was consideration of PEDC Resolution No. 2004-001, awarding the bid
and authorizing the execution of a contract for the furnishing and delivery of
labor, materials, and equipment and for performing all work required for the
construction of Hearne Street from 1 st S.W. to 4th S.W. (subject to City Council
approval). Executive Director Vest read the resolution and asked everyone to
look over the bid tabulation list which had been provided. President Wall
opened up the floor for discussion.
Director Bass asked if all the bids were complete.
Executive Director Vest called everyone's attention to a notation on item No.
13 on the bid from Stephens and Sons. Reeves Hayter placed that notation to
show that Stephens and Sons had acknowledged item No. 13, a TxDOT type
III barricade, but did not quote a price. Mr. Vest said Stephens had said he
would absorb the cost of that item in the bid he had already quoted. President
Wall reiterated that Mr. Stephens did acknowledge the addendum, but he didn't
add the item or quote a price. President Wall questioned if that meant he
acknowledged the item to be done but wasn't going to charge for that.
Executive Director Vest asked for clarification on the item. The Stephens and
Sons representative agreed that they didn't want to charge for it.
Director Rodney Bass made a motion to award the bid to Stephens and Sons,
who was the lowest bidder. Director Wall called for a second to the motion;
there being none, the motion died for lack of a second.
President Wall called for further discussion. Director Severson stated that he
was unfamiliar with the bid process and asked how it worked if one bid was
different from another. Executive Director Vest stated that in some instances
that bid could be considered an incomplete bid and thrown out, but the PEDC
doesn't have those kinds of conditions or restrictions. He explained that the
decision was the prerogative of the Board, since they are a private corporation
and not a political subdivision of the State.
President Wall asked City Attorney Schenk if Stephens and Sons was the low
bidder, and he did acknowledge item No. 13 but did not charge for it, would
that be considered a valid bid. City Attorney Schenk agreed that this could be
considered a valid bid with the understanding that if the contractor refused the
award, then the bid could be awarded to the next lowest bidder. He indicated
that a zero dollar item in a bid is not unusual and that this would be considered
a valid bid. He also stated that the term "no bid" does not absolve the
contractor from completing the item.
Director Bass again made a motion to accept Stephens and Sons as the lowest
bid. Director Dunn seconded the motion. President Wall reopened the
discussion.
On a question by Director Dunn if this was recommended by Council, City
Attorney Schenk explained that the City Council needed to authorize the
proj ect, so it could be built on the City right of way, but this is a PEDC proj ect,
to be handled and paid for by PEDC and the decision of awarding the contract
is up to the PEDC board. City Attorney Schenk again confirmed that this bid
could be accepted. He indicated it is the lowest bid; if the bidder is qualified
and able to meet the bonding and insurance requirements, then the bid could
be accepted.
President Wall voiced his concern about setting a pattern that was above
reproach. The City Attorney stated that the PEDC is not subject to the
competitive bid law, and, hence, could award the bid as the Board deemed
appropriate. Because of that fact, City Attorney Schenk mentioned that the
PEDC had another option, which cities have and the PEDC would have even
more flexibility with. They have the right to waive what would be considered
an informality. He indicated there was no legal definition of informality, but,
it is, generally, a minor defect in something associated with the bid.
President Wall called for a vote approving PEDC Resolution 2004-001,
awarding the Hearne Street Project to Stephens and Sons. The vote carried
unanimously.
President Wall presented the next item SB, PEDC Resolution No. 2004-002,
which was to get the Board's approval to express support for HR2208. Director
Vest explained that was the resolution supporting the Federal Transportation
Bill and read the resolution. He related that this is the Federal Highway Bill
that is done every six years and he indicated the PEDC resolution was asking
for Texas to get more of its Federal Highway dollars back.
President Wall called for a motion to accept the resolution. Director Norment
made a motion which was seconded by Director Dunn. The motion carried
unanimously.
President Wall called for approval of minutes from previous meetings. Director
Severson made a motion to accept the minutes which was seconded by Director
Bass. There was a unanimous vote for approval.
President Wall called for the Financial Report. Gene Anderson, Director of
Finance for the City of Paris, came forward. Mr. Anderson called attention to
the sales tax payment on the handout provided. He indicated that the January
sales tax payment was slightly lower this year than what it was last year. He
indicated the PEDC received $296,531.00 this year to date, compared with
$308,028.00 last year. Mr. Anderson said this was $11,500.00 behind last
year and he felt this was an insignificant number and did not put them in any
danger. He related that the February sales tax payment would represent
December sales. Mr. Anderson reported there were no unusual items on the
Cash Flow Statement for December.
President Wall called for the Director's Report. Director Vest said that PEDC
had several prospects: Meixelsperger Food Group, a food processor from the
Metroplex; Niagra Drinking Waters, a lead from the postcard mailing; and
Project Go, a food processor obtained through Texas Economic Development.
Mr. Vest indicated that C-Tech had selected their site in the Industrial Park and
an architect is working on their building. He noted that a distribution center,
Greenball Corporation, would be in town Friday. They would be meeting with
Harrison, Walker and Harper and Pyler Construction from Sherman to try and
select a builder for their building in the Industrial Park. He said they had the
pre-construction meeting with Stephens and Sons last week and they were
ready to start the roads and the water and sewer. Director Vest said they were
really moving on the Industrial Park.
President Wall called for questions. There being none, the meeting adjourned.
DON WALL, PRESIDENT
ATTEST:
SHERIAN DIXON, ACTING CITY CLERK