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12/09/87 SP City Council Minutes590 A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS BET AT 7:30 P.M. WEDNESDAY DECEMBER 9, 1987 IN THE CONFERENCE ROOM AT CITY HALL. MAYOR KENNEDY PRESIDED. COUNCILWOMAN HAFFERMAN WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and declared the purpose of the meeting is to consider opening some additional Computer Bids Northwest Business Equipment, Inc. Bid Councilman Schindler said Northwest Business Equipment would like to provide a Surety Bond and have their bid considered. ' Stacey Gutierez said he made a mistake in not submitting the bid bond, and his boss also missed the bid requirement. He said their bid was competitive and provided very good equipment and he asked the council to consider the bid. City Attorney Neier said the bid bond is clearly required by State Law. He didn't want the council to get in the habit of waiving this requirement. Councilman Grainger moved to accept a late bid bond from Northwest Business Equipment to get the issue up for vote. Council Ruiz seconded. Councilman Grainger then spoke against the motion because if we accepted bid bonds after the bids are opened then there would be no reason for the vendor to provide the bond until he knows if he is low bidder. Councilman Schindler pointed out the vendor was willing to provide the bid bond before the Council considers and evaluates all the bids. The motion failed with all opposed. Additional Unopened Bids Clerk/Treasurer Halver explained he found a bid from Valcom - The Computer Place on his desk when he came to work Tuesday morning. He asked his staff if they had seen someone bring in the bid and when. He was told the bid was brought in about 4:50 pm., with a ' man going back to Halver's office and leaving it. Halver said he was in a Finance Committee meeting until after 5:00, so his staff had gone home without informing him of the existence of the bid. Halver didn't notice it as he went through his office on his way home. Later Tuesday morning Halver went for the mail and found a package notice in the City Mailbox. This turned out to be an Express Mail package containing a bid from Radio Shack. Don asked the Postal Clerk specifically when the package had been received by the Kalispell Post Office and was shown the package slip showing it had arrived at 14:30 on December 4. Halver said there was no package slip in the mail box when he got the mail about 9:30 Monday morning. He felt Radio Shack had done all they could to get the bid in on time and the Post Office had caused the bid to not have been received in time. Mayor Kennedy asked the City Attorney's opinion. He said the law doesn't specifically address the issues. One bid clearly was in City Hall by 5:00 but the other one wasn't and we can't do anything about the Post Office. Councilman Grainger moved only the bid which was in the Clerk's office be considered. Councilman Saverud seconded. Councilman Schindler felt neither bid should be considered then, it was not the bidders fault, it was the Post Office. Other council members contended it was the bidder responsibility to get the bid to city hall. Councilman Nystul said the one bid was properly delivered, the other bidder should have called to make sure his bid was received. The motion carried with Councilman Schindler voting no. Open Bid - Valcom-Jrhe Computer Place The bid contained a bid bond check for $1,862.52. Alternate #1 $13,987.75. Alternate #2 $18,625.25. Councilman Saverud moved the bid be referred to the Safety Committee to report back. Councilman Schindler seconded and the motion carried. i 591 Adjourn Councilman Grainger moved thel meeting be adjourned, Councilman Schindler seconded and the motion carried. Adjourned at 7:58 pm. / �d L 1 John "Ed" Kennedy, Jr., Mayor ATTEST —'�— Don Halver, Clerk/Treasurer -- •� jai 'u CITY OF John "Ed" Kennedy, Jr s alyl ell Mayor DECEMBER 8, 1987 SPECIAL MEETING TO THE HONORABLE BOARD OF i CITY OF KALISPELL, MONTANA COUNCIL MEMBERS: 10 Drawer 1997 Kalispell, Montana 59903-1997 There will be a Special Meeting of -the -City Council Wednesday, December 9, 1987 at 7:30 P. M. in the Conference Room at City Hall for the following purpose: OPENING OF TWO POLICE DEPARTMENT COMPUTER BIDS We, the undersigned, members of the City Council, do hereby affirm we have been properly notified of the calling of this special meeting to be held Wednesday, December 9, 1987 at 7:30 P. M. in the Council Chambers at City Hall and consent to the transaction of the above business and any other business that may properly come before the City Counci a7rp.(,'V John Ed Kennedy, Jr. Mayor dy, Sch ndler / er, City Attorney EK/ms Louis B. Ruiz Nystul Clare Hafferman 1 m