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Cheektowaga awards one-year HVAC service contract to John W. Danforth Co.; town attorney flags procurement rationale

5681243 · August 27, 2025
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Summary

Town board approved a one-year facilities service proposal with John W. Danforth Company for HVAC maintenance and repairs at a lower cost than the prior contractor. The board discussed procurement procedure; the town attorney said an argument exists to treat this as professional services rather than a competitive-bid procurement.

The Town of Cheektowaga voted to approve a one-year facilities service proposal with John W. Danforth Company for HVAC maintenance and repairs beginning Aug. 27, 2025.

The resolution (20 25-5-83) presented by Council Member Thompson and seconded by Council Member Jasinski authorized a contract at a price of $112,717.95 (presented in the meeting materials as $112,000 $717.95). Board members said the company had provided recent preventive maintenance and prompt service calls and that the proposed contract represented significant cost savings compared with the prior arrangement. Several members praised the vendor for responsiveness and shorter parts lead times.

Council members discussed procurement procedure because the town is outside of a current contract with the prior vendor; they asked whether the town should have issued a competitive bid. Town Attorney told the board there is an argument that the arrangement qualifies as professional services under town procurement rules and that, while not a guaranteed sole-source justification, staff would defend the approach if challenged. The attorney said if a subsequent challenge found the board should have rebid, the town could rebid and would likely end up with the same company.

The board proceeded to a roll-call vote. The clerk recorded unanimous support: Council Member Bukowski — Yes; Council Member Benjkowski — Yes; Council Member Filipsky — Yes; Council Member Jasinski — Yes; Council Member Pularski — Yes; Council Member Thompson — Yes; Supervisor Nowak — Yes. The resolution passed.

The contract term includes an option to extend for up to three years at the same contractual price, per the resolution. Facilities staff will supervise implementation and will provide department-level allocations if the contract is extended townwide to special districts. The board directed staff to confirm any necessary procurement documentation and to report back to the board on the scope and any allocation between town funds and special district funds if the contract expands beyond the general fund.