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HomeMy Public PortalAbout11-23-1981 - Special Meeting /S-7 SPECIAL MEETING • BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND., INDIANA, NOVEMBER 23, 1981 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met 2 in special session November 23, 1981 at the hour of 9:00.a.m. in the Municipal 3 Building in said City. Mr. Meredith presided with Mr. Ryder and Mr. Webb 4 present. The following business was had, to-wit: 5 6 Mr. Meredith announced the purpose of the meeting is to receive bids on patrol 7 cars for the Police Department and a computer hardware and software. 8 9 BIDS RECEIVED FOR PATROL CARS 10 11 City Attorney Ed Anderson examined proof of publication for 3 1982 or new 1981 12 4-door sedan Manufacturers Standard Production and 11 1982 4-door sedan Manu- 13 facturers Police Package and found it to be in order. 14 15 Mr. Webb moved the proof of publication be accepted and placed on file, 16 seconded by Mr. Ryder and on unanimous voice vote the motion was carried. 17 18 The following bids were received and recorded: 19 20 Bruce Hawkins Chrysler-Plymouth, Inc. 21 3 1982 PL41 Plymouth Reliance sedan 4-door $ 22 556.76 22 11 1982 PL41 Grand Fury 4-door 92,005.65 23 alternate 1982 PL41 Grand Fury 4-door 89,315.60 24 25 Wellings .Toyota Dodge, Inc. 26 11 .1982 Dodge Diplomat 4-door sedans . 91,265.35 27 alternate 318CID 2BBC adds $91.80 each 1,009.80 28 3 1982 Dodge Aries 22,387. 11 29 30 Tom Brookbank Chevrolet, Inc. III31 11 . 1982 Malibu Classic Sedans 102,394.16 32 3 1981 4-door Citation (front. wheel drive) 23,584.51 33 34 Mr. Webb moved the bids be taken under advisement for tabulation, . evaluation 35 and recommendation, seconded by Mr. Ryder and on unanimous voice vote the 36 motion was carried. 37 38 BIDS RECEIVED FOR COMPUTER 39 40 Mr. Anderson examined proof of publication. for Computer Hardware and Software 41 per Specifications for the City of Richmond and found it to be in order. 42 43 Mr. Ryder moved the proof of publication be accepted, seconded by Mr. Webb 44 and on unanimous voice vote the motion was carried. 45 46 The following bid was received and recorded : 47 • 48 NCR 49 1 NCR 19020 mini computer . . $ 66,571.23 50 Lease purchase annual payment 16,163.49 51 Alternate 64,206.98 52 53 Mr. Webb moved the bid be taken under advisement, seconded by Mr. Ryder and 54 on unanimous voice vote the motion was- carried. _ 111 55 56 PRESENTATION OF APPLICATION FOR POLICE COMMITTEE FOR POLICE MERIT SYSTEM-- 57 Chief Chris 58 • 59 Chief Chris stated pursuant to certain rules and regulations in ordinance 60 language concerning the Merit Commission, it is necessary to hold an election 61 for a member of the nomination election committee. This is a committee of 62 police officers who are responsible for locating the civilian members of the 63 Board who are elected by the Police Department. He presented an application 64 from Lt. Marshall Smith to that committee. The closing date for applications % Board of Works Special Meeting Cont'd. November 23, 1981 Page 2 1 to be filed is the 25th of November. Once this is closed an election date will 2 be set, the earliest of which would be December 9. The Board must set the date 3 and hold the election. Applications are presented .to the Board of Works. 4 5 Mr. Webb moved to acknowledge the subject notice of candidacy, seconded by Mr. 6 Ryder and on unanimous voice vote the motion was. carried. 7 8 RECESS 9 10 Mr. Meredith recessed the meeting until 1:00 p.m. to review the bids. 11 12 RECONVENED 13 14 Mr. Meredith reconvened the Board at 1 :09 p.m. He noted in reviewing the 15 specifications the bid of NCR included all of the hardware which was requested 16 on the specs and also the system software; however, it did not include the 17 application software.. This was to be.a .joint bid between NCR' and Systems Plus, 18 Inc. for the application software. At 10:00 a.m. Puralator delivered a bid from 19 Systems,Plus which was supposed to be a portion of the.NCR bid. On their delivery 20 receipt (and the bid was delivered- sealed) it does show thatthis was picked up 21 on November 19, 1981 by Puralator at 5 :23. It had been .in the possession of 22 Puralator since that time until it was delivered. He did check with the City 23 Attorney as far as accepting this bid and requested the City Attorney give his 24 opinion at this time. 25 26 City Attorney Ed Anderson read the following opinion: 27 28 Indiana law requires competitive bidding according to (IC 36-1-9) . The 29 Notice of Publication in this instance requires that bids be filed in 30 the proper office within the time fixed,, which was 9 :00 o'clock this 31 date. The purpose of requiring bids .if. .for competitive bidding and 32 inviting competition and to secure work or supplies at .the lowest price 33 practical. In this particular case, all statutory requirements were 34 met and the notice to the bidders reserved to the Board the right "to .- 35 waive informalities". Through no fault of this bidder, by the facts, 36 as recited, part of the bid was not ,received at the appointed time for 37 opening bids but was received within an hour of the prescribed time. 38 This additional material was necessary for completion of -the bid. and - 39 to meet the specifications. .The specifications in no way, by receiving 40 this additional material, have been modified or changed prior to the 41 time for bids to be received and opened.. No way does this bid' depart 42 from the specifications and this irregularity or informality, in. my 43 opinion, does not invalidate the bid. It was necessary that the Board 44 have these additional facts from the delayed document, being a part of 45 the bid, to fully consider the bid. This irregularity in no way would 46 justify its rejection. 47 . 48 Further, in this case, there was only one bid or bidder but still the law 49 would hold it is competent to award a contract to such a.single bidder 50 and still preserve the element of competitive bidding. A contract may 51 be let to a sole bidder as long as fair opportunity for competition 52 existed. Thus, the waiver of this irregularity has placed no other 53 bidder on unequal footing or destroyed. the free and fair competition as 54 required by statute and law. In exercising the Board's discretion in 55 waiving this irregularity, we would see no abuse of its discretion. 56 57 So, Mr. Chairman, I would- recommend that the 'Board waive this irregularity 58 or informality and permit you to have accepted this bid and this addition- 59 al document. 60 61 Mr. Meredith stated on further advice from the City Attorney, in order to 62 properly consider the bid of NCR in conjunction with the software as requested 63 by our request for proposal, that it- would be proper to go ahead at the time 64 the bid was received and open the bid to review it for recommendation. mil/ Board of Works Special Meeting Cont'd. November 23, 1981 Page 3 - 1 Further, on his advice, this was opened in his presence as well as .the . Deputy 2 City Clerk's. He stated he believes it is also in the Indiana Statutes that 3 if a request for a. bid by the Board. of Works is made and that there are no 4 bids received in a timely manner that then the Board at its discretion may 5 keep that open and receive bids from day to day until.a satisfactory bid is 6 received and it can at that time be accepted and would not have to be re- 7 advertised. In this particular case today there were no bids for software 8 which would allow that to remain open from day to day until one is received. 9 This bid was received within one hour of the deadline set by the Board. This 10 bid is for application software which includes the budgetary accounting pack- 11 age, the payroll package etc. Mr. Meredith stated he feels there are two (2) 12 justifications for accepting the bid: (1) -the purpose..of setting a time ,is 13 so that someone can't run out and prepare a bid and then come back in and 14 submit. it. This particular bidder had no opportunity whatsoever to do that 15 and (2). also there were no competitive bids as no one else had submitted a 16 bid for software. 17 - - 18 Mr. Ryder moved to waive the informality and allow the subject bid to be 19 submitted, seconded by Mr.. Webb. Mr Ryder stated it is unfortunate that 20 the bid is late, he doesn't feel it should have been, but the fact that no 21 other bids were received is .the. basis of which he will decide how he votes. 22 Had there been another bid received, he would not have made such a motion. 23 There isn't any other interest.. 24 25 Mr. Meredith stated he feels the Board would have, in. any case, had the right 26 to waive an informality of this nature as this was reserved in the legal ad. 27 Even had there been other bids, the Board would still have had to consider 28 waiving informalities which he thinks would have been justified. 29 30 On unanimous voice vote the motion was carried. - 31III - 32 A bid from Systems Plus is to furnish, install and do the data entry and 33 all the training for- the following application software to be processed on 34 an NCR Model 9020 Computer. . 35 36 The following bid from Systems Plus, Inc. of Cleveland, Ohio was recorded : 37 - 38 Budgetary Accounting Package $14,000 39 Payroll Package 7,000 40 Personnel Package .5,000 41 TOTAL $26,000 42 43 This is just to get the computer running. There is also a service contract 44 for software maintenance available.with 24 hour phone support and 1 day on 45 site which is $300 per month. Mr. Meredith intends to do this. It was not 46 on the formal proposal. The software charge which is shown is for the 47 license fee that one must purchase in order to operate someone else's program . 48 from scratch. You buy it from someoneelse which is called a license fee. We 49 do not have a personnel..software: at this present time, so he does not re- 50 commend including that in this package.. He finds both bids in. order. There 51 was an alternate bid. The difference in the bid is for ten (10) disc cart- 52 ridges. This has to be purchased one place or another. He recommended the 53 bid be received on the primary bid and that it .be under the lease purchase 54 provision rather than the outright purchase. 55 56 AWARD OF COMPUTER HARDWARE BID III 57 58 Mr. Ryder moved to award the bid from NCR on a lease purchase basis and. 59 including ten (10) disc cartridges which is the primary bid as submitted, 60 seconded by Mr. Webb. The monthly payments will be $1 ,294.14. On unanimous 61 voice vote the motion was carried. 62 63 AWARD OF COMPUTER SOFTWARE BID 64 65 Mr. Ryder moved to award the bid in budgetary accounting and payroll of System Board of Works Special Meeting Cont'd. November 23, 1981 Page 4 1 Plus totaling $21,000, seconded by Mr. Webb and on unanimous voice vote the 2 motion was carried. 3 4 Mr. Meredith noted one requirement of the bid which both NCR and System Plus 5 have agreed to meet it to be up and running by January 1, 1982. 6 7 AWARD OF POLICE CARS 8 9 Chief Chris has reviewed the bids and recommends the following: 10 11 Taking the special division cars first which was an offer for three (3) 1981 12 or 1982 4-door sedans three (3) bids were received; : The lowest bid being from 13 Wellings Dodge for three (3) Aries 4-door sedans at $22,387. 11. This bid meets 14 specifications and he recommends awarding the bid to Wellings. 15 16 Mr. Webb so moved, seconded by Mr. Ryder and on unanimous voice vote the motion 17 was carried. 18 19 Bids were also received for eleven (11) police cars with police package which 20 were bid as 1982 only 4-door sedans. Some of the bids met specifications and 21 some did not. With an option of V 8 engines, Wellings. Dodge has bid 11 Diplo- 22 mats with the V 8 as an option for a total of $92,275.15. Welling also entered 23 a bid only on 6 cylinder engines as did Hawkins. The specifications called-for 24 a V 8 or a V 6 and, inasmuch as those two did not have a V,;'8 or a V 6 a straight 25 6 does not meet the specifications. . The bid received from .Brookbank Chevrolet 26 did meet specifications but is a higher bidder; therefore, he recommends 27 Welling Dodge be awarded the,bid for 11 Diplomats at $92,275.15, including the 28 V 8 option, which does make the vehicle meet the specifications. 29 30 Mr. Webb so moved , seconded by Mr. Ryder and on unanimous voice vote the motion 31 was carried. 32 ' 33 ADJOURNMENT 34 35 There being no further business on motion duly made, seconded and passed 36 the meeting was adjourned. - 37 38 Donald E. Meredith 39 President 40 41 ATTEST: JoEllen Trimble 42 Clerk of the Board