HomeMy WebLinkAbout06-11-1979 Special Meetings
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MICROFILMED 4 -24 -80
CITY COUNCIL
SPECIAL MEETING
JUNE 11, 1979
A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL WAS HELD ON JUNE 11, 1979 AT CITY HALL, 105
POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM
AT 5:12 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C.
BOYD, J. CALVERT AND P.T. LEE; CITY ATTORNEY RICHARD F.
SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J.
BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. °
ITEM 1. MOTION RE: RECONSIDERATION OF COUNCIL
ACTION AND AWARDING OF DIGESTER BID
MAYOR THURM REVIEWED THE OPINION OF BRILEY, WILD'S
ENGINEER, STEVE THAYER, WHICH RECOMMENDED THE CITY AWARD
THE BID TO FRENZ.
ATTORNEY SCOTT REVIEWED FOR COUNCIL THE OPINION IN
HIS MEMORANDUM DATED JUNE 11. MR. SCOTT'S MEMO IS ATTACHED
TO THESE MINUTES.
MAYOR THURM MOVED TO RECONSIDER THE MOTION PASSED AT
THE JUNE 5 MEETING WHICH REJECTED THE BIDS AND APPROVED
CLEANING
READVERTISING FORADIGESTER. MR. LEE SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
MAYOR THURM MOVED TO ACCEPT THE LOW BID OF FRENZ
ENTERPRISES IN THE AMOUNT OF $13,400. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
MAYOR THURM MOVED TO ADJOURN AT 5:18 P.M. MRS. BOYD
SECONDED MOTION. MEETING ADJOURNED.
APPROVED THIS 19 DAY OF JUNE , 1979.
CITY CLERK
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AND ATTACHMENT
MICROFILMED 4 -24 -80
MEMORANDUM
To: Mayor and City Council
Cape Canaveral, Florida
From: Richard F. Scott
City Attorney
Date: June 11, 1979
Subject: Bids for Cleaning Sewer Digester
This is in response to your request for my opinion regarding the following
questions:
1. May the City Council reconsider, at a special meeting, award of a bid
when previously all bids have been rejected by motion?
2. May the City Council waive or modify any of the requirements of the
specifications in the request for bids?
Regarding the first question, a motion by the City Council to reject or
accept a bid is not the final step in the bid process. The matter is not final
until all of the conditions precedent have been met. Rending such final
action, the City Council ordinarily may reconsider the bids or the action
previously taken thereupon. The request for bids on page B -2.. Section 5,
requires the City to give written notice to the successful bidder within 60
days after the opening of the bids. Since no written notice of either
acceptance or rejection has been given to any of the bidders, it appears
that the City Council still has the discretion or authority to proceed with the
award as it may determine in the best interest of the City. It is my opinion,
therefore, that the City Council may, at a special or regular meeting, re-
consider its, motion to reject the bids and adopt a motion awarding the contract
to the bidder of its choice.
Regarding the second question, it is the responsibility of the City to accept the
lowest responsible bidder. Such acceptance must be done in good faith, and
any discretion used by the City must be exercised fairly and reasonably. The
Florida courts have stated that the policy behind seeking bids for public works
is to insure that the public interest is maintained. Accordingly, City
legislative bodies have broad discretion in determining which bid is the one
that most nearly complies with the requirements of the bid specifications.
Again, in Section 5 of the Bid Proposals, the City reserves the right to accept
the bid which best serves the City interests. Based on all the facts at the
City's disposal, and based on the recommendation of the City Engineers, it
CITY COUNCIL SPECIAL NEETTNG
6 -11 -79
ATTAC BENT _ .
Page 2
Memorandum to City Council
June 11, 1979
does appear that Frenz Enterprises, Inc. is the lowest responsible bidder.
Please also refer to the letter dated June 5, 1979 from Briley, Wild &
Associates regarding this matter, in which they state it is their opinion
that Frenz Enterprises, Inc. possesses sufficient experience and
qualifications to do the work in question. It is my opinion, therefore, that
the bid may be awarded to Frenz Enterprises, Inc... despite the fact that
the experience factor as set forth in the Proposal for Bids has not been
strictly met.
Should you have any further questions, please let me know.
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