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SR-6-P (9) PU ~ ...mAl.fmj Council Meetlng 11/.2 ;Z t?5_007'sant.onlca, California b - P ~NOV 9 1982 TO: MAYOR AND CITY COUNCIL .J". /' ( (~(,. r-', . 1_ :'"';...-<, '- ~:.- "- ----..-----" ,'""': : r~.- I ... ~ l -..--.. -......~ ... ~ 1"' , CITY STAFF , '- ,A_ /) FROM: .-.:- . _I'- f <_ SUBJECT: Recommendation To ReJect Low Bld Of Prlnter Currently SubJect To Strike by Employees And Award Bid For City Newsletter, "Seascape" (6 lssues) to Rogers & McDonald. Introduction ThlS report concerns re]ectlng the low bid for prlnting "Seascape", the city newsletter, at the unit prices offered for six future lssUes and awardlng bid for Clty newsletter to second low bidder, Rogers & McDonald. Funds for this purchase have been budgeted in account number 01-700-274-000-411, non-asslgnable costs. Background In response to published Notice Invltlng Bids (published 9-1-82) to furnish and deliver seven issues of "Seascape" in accordance wlth Clty specifications, bids were recelved and publicly opened and read on September 28, 1982. Proposal forms were mailed to 33 vendors and notices were advertised 1n accordance with City Charter and Municipal Code prov1sions. Three proposals was received as follows: 4-page 8-page 12-page Andrews Printing Co., Inc. 34#Stock 40#Stock $1,615 $1,900 $2,135 $2,735 $2,835 $3,794 Independent Journal 34#Stock $1,658.50 $2,377.10 $3,095.70 Rogers & McDonald 40#Stock $2,732.50 $4,525.10 $6,317.70 34#Stock $1,5463.00 $2,310 $3,062 40#Stock $2,061 $3,327 $4,603 Labor Dispute It has come to the attention of City staff that low bidder, Andrews Printing Co., 1S currently 1nvolved in a strike wlth its prlnters. Andrews has informed us that the dlspute with ~ts printers is not likely to be resolved in the foreseeable future. 1 b-P NOV 9 1982' PU.:riNA:fmj . Counc~l Meeting 11/Jj82 sant~on1ca, California They have also indicated that they would have no problem producing our needs at the present time. It 1S the opinion of the City Attorney that the City Counc1l can properly reject a bid when when employees of b1dder are engaged in a str~ke: "The C1ty 15 not requ1red to assume the risk that the str1ke will interfere with bidder performance of the bld. Likewise, the C1ty 1S not required to embro~l 1tself in a labor dispute by being accused of taklng sides or cross~ng a picket l1ne. Accordingly, the bld can be reJected and the award made to the next lowest and responsible b~dder." (See attached Informal Opinion Number 82-46) Recommendation It 1S recommended City Council reJect the lowest bid and accept the bid submltted by the second lowest bidder, Rogers & McDonald. Prepared By: R. N. Aronoff, Director of Purchas1ng L1nda Sulllvan, Clty Manager's Offlce 2