Published: 11/09/2007 Town sued over ambulance contract By Steve Landwehr Staff writer
IPSWICH - One of the ambulance companies that lost out on the bidding for the town's ambulance service contract this summer has sued the town and the winning bidder, Action Ambulance Service Inc. In court documents filed recently in Salem Superior Court, Beauport Ambulance Service Inc. claims the town did not follow its own bid requirements because Action Ambulance was operating under a provisional state license when bids were submitted. The lawsuit further alleges an Action Ambulance representative decreased the company's bid after it was opened, from $325,000 to $225,000, contrary to bidding specifications outlined by the town. Action's license status came up after it was awarded the contract. Its regular license was not renewed after inspectors found deficiencies in vehicle maintenance during routine inspections in February. Company President Michael Woronka said at the time that the state Board of Public Health was requiring the company to buy new ambulances to correct the deficiencies. Most of the problems in the older ambulances were minor items, such as rusted exhaust pipes or broken door seals, but Woronka said the vehicles the company would have had to buy at the time were known to have a much more serious problem - they wouldn't always start. Woronka said Ford's problems - which were corrected in the 2007 model year - were so widespread that 700 ambulance companies nationwide filed a class-action lawsuit against the company. Although the team that negotiated the contract with Action was not aware of the company's license status, fire Chief Art Howe, who was a member of that team, said the company's license status was "really not a big deal." William R. DiMento, the attorney representing Beauport, disagrees. "They're saying it's not the end of the world, we're saying it is the end of the world," DiMento said. Bidding rules require strict adherence, DiMento said, because the stakes are so high. Although the lawsuit only details what DiMento and his client believe are mistakes by the town, it was necessary to also name Action because it benefited from the town's errors. "Primarily, we're saying the mistakes made required rebidding the contract," DiMento said. Woronka would not comment on the suit yesterday because he hadn't seen it yet. Town Manager Robert Markel was not available for comment.
DiMento said he expects a judge's decision in about three months.
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