HomeMy WebLinkAboutResolution 99-1991 � ;
RESOLUTION NO. 99-91
AUTHORIZING CHANGE ORDER NO. 1
FOR THREE 1992 CHEVROLET CAPRICE VEHICLES
BE IT RESOLVED by the City Commission that the following change
order be allowed for the three vehicles.
Unit Cost Total Cost
Three vehicles $17, 037. 00 $51, 111. 00
Three vehicles trade-in 2 .200. 00 6, 600. 00
Contract three vehicles $14,837. 00 $44,511. 00
Change Order No. 1 $51.550. 00) $ (4 , 650. 00)
New Contract Price $13,287. 00 $39,861. 00
No extension of time is authorized.
BE IT FURTHER RESOLVED that said attached agreement concurs with
Change Order No. 1 in the amount of $1, 550.00 per vehicle.
ed and approved this 19th day of November, 1991.
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Finance Offic
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AGREEMENT FOR E{ID ASSISTANCE
This agreerner,t made ar�d er�tered 3r�ta this 15th day c�f Nayernber�
1�91 betweer� F��ula Matars af E�rac�kir�gss SD ar�d the City af E�rac�kir�gs,
SD.
F��t►la Mc�tc�rs agrees tc� reduce the ir�itial bid fc�r three {3> f���
Che�•ralet Caprice vel-►icles by �4i 65C>. t�t> by rne�r�s c�f bid �ssistar�ce.
The r�ew car�tract price fc�r the three t3> vehicles wi 11 be �39i 861. t►G
as further st�tec! ir, Resc�lutic�r, Nc�. 99-91.
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FxArTs E. DENsor.l►s Men+ Omcs �xn I.��►aY�18 Fooxa�s sa�xaas
Posr Osncs Box 686
ALAN F. GLOvsa BROOKINGS, SOUTH DAKOTA 57006A686
STEVEN J. BRIIZMAN TELEPHONE (605) 69?-2111
gasrras Ornca: VoLca, Sovrs D�►soTs 57071
Taa.zrsoxs (605) 627-9421 (Ss:oaas�rs Oxsa)
To the Honorable Orrin P. Juel , iVIayor November 1 , 1991
and �VIembers of the Commi ss ion
City of Brookings - Municipal Building
Brookings , South Dakota 57006
Re : Procedure in Procurement/Bids and Bidding
Gentlemen :
The issue of negotiating downward the lowest bid in procure-
ment was before the governing body at the regular meeting of the
Commission on October 29 , 1991 .
It was my opinion then and it is my opinion after research of
the applicable law that notwithstanding the temptation of pro-
curement at less cost in the public interest that such an option
is not available to the governing body under the apolicable pro-
cedure prescribed by statute .
"Unless all bids presented are rejected , the
lowest responsible bid, in all cases , must be
accepted. . . " (SDCL 5-18-9) . Emphasis added .
The issue emerged as a result of an oQtional source of supply
through the sovereign state for qualified equipment at a cost
substantially less than the lowest bid received. The knowledge of
the optional source of supply precipitates a policy decision by
the governing body.
The voverning body may elect to reject all of the bids under
the applicable law and if that is not done the " . . . lowest re-
sponsible bid. . . " MUST be accepted.
The availability of procurement through the state is not
within the statutory guidelines of Bids and Bidding and although
a general knowledge of the existence of such an alternative source
is present it is not a competitive bid within the procedure of
statutory law and the lowest bid received is not subject to nego-
tiation against the optional source of procurement .
Sincerely,
DENHOLM, GLOVER ac BRITZNIAN LAW FIRM
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F ANK E DENHOLM
- Deput Corporate Counsel )
FED/srj
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cc : Mr . Ylichael Oster , Commissioner ( info)