CC Min 2003-01-13 Reg - Laserfiche WebLink

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Council Member Hartnett stated that his understanding of the question is whether or not certain qualifications can be required when going out to bid. In this particular instance, we may not be requiring certain qualifications when soliciting bids to judge against in order to determine whether someone is responsible and lowest. If legal advice is such that it is possible to require some reasonable minimum requirements that were not necessarily specified in the Charter, but were consistent with what bidding allows, then could the Council reject all bids and resubmit specifying the clear criteria. City Attorney Yamamoto stated that, if directed, he would examine that possibility. Council Member Ruskin stated that over the last several years of comments on this issue, one of the criteria mentioned was, whether there was a significant difference in price. He further stated that while many enjoy reading the Daily News, the circulation is quite minimal and the Independent is delivered to most homes. He stated that the most salient point for him is whether there is confidence that a public notice placed in the Daily News would get to the public. He further stated that his answer is no, that it would be perfunctory. A notice, however, placed in the Independent, is not perfunctory. His conclusion was that to choose one over the other for a matter of $.03 per square inch, is upholding the letter of the law but violating the spirit and intent. Vice Mayor Ira stated that the issue is not achieving the intent of the public notices through the circulation and the mode of delivery of the Daily News. He stated that because of the total circulation and mode of circulation, that the Daily News would not be responsibly publishing the notices in Redwood City and therefore, should be rejected as not being a responsible bidder. Council Member Howard stated her pleasure with the discussion to study any interpretation that could make it a better choice each year. She further stated that an audit appears to be a requirement that would ensure circulation requirements are met. Public Comment: Rudy Luca stated that from his perspective, the Independent has been doing a good job posting the public notices and stated that he disagrees with the City Attorney that the lowest bid is taken. He stated that there have been cases where a low bid was submitted and contracts awarded to higher bidders. He asked does the Council or staff think they will obtain a better situation with $.03 less and stated that the Council should go with the Independent. Mayor Claire stated that this is not the first or the last time that this issue is before the Council. He stated that the Council has always accepted the lowest bid in REGULAR CITY COUNCIL MEETING JANUARY 13, 2003 MINUTES PAGE 6 MINUTES Book No. 59 Page No. 358