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193 <br /> <br /> Mr. Kenneth Barker, General Manager of Lionsgate Corporation, <br />stated he has been unfairly discriminated against in not receiving <br />the award of bid for this project as he submitted the lowest bid; <br />and that accusations in the report are untrue. Mr. Barker asked <br />Council if they had received a letter from his Attorney regarding <br />the matter. Mayor Mercer stated that Council did receive the <br />letter. <br /> <br /> Mr. Barker stated that statements made against him in the <br />report by other jurisdictions were untrue, and that he has written <br />documentation to prove the statements are untrue. <br /> <br /> Mr. Barker urged Council to reconsider this matter in light <br />of him being the lowest bidder, and state law requiring the bid to <br />be awarded to the lowest responsible bidder. He reinterated his <br />concern that lies had been told about him in the staff report. <br /> <br /> Mr. Roush advised that Mr. Barker has been convicted of <br />filing false claims with the government, which are felonies, and <br />therefore, it is his opinion that based on the convictions, this <br />Company is not a responsible bidder. <br /> <br /> It was moved by Councilmember Butler, and seconded by <br />Councilmember Mohr, that Resolution No. 89-208, rejecting the <br />lowest bid of $236,249 submitted by Lionsgate Corporation; <br />awarding the contract for the Foothill Road Booster Pump No. 1 - <br />NPID No. 2, to the second lowest bidder, Pleasanton Engineering <br />Contractors, in the amount of $245,000; and authorizing the City <br />Manager to execute the agreement, be adopted. <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler, Mohr, and Mayor Mercer <br />NOES: None <br />ABSENT: Councilmembers Brandes and Tarver <br /> <br />REPORTS OF THE CITY ATTORNEY <br />item 13a <br />Quarterly Claims Report <br /> Mr. Roush presented his report (IR 89:31) dated May 2, 1989, <br />regarding this matter. No action was required or taken by Council <br />on the item. <br /> <br />item 13b <br />Contract with J L Construction <br /> Mr. Roush presented his report (IR 89:35) dated May 2, 1989, <br />regarding this matter. No action was required or taken by Council <br />on the item. <br /> <br />COMMUNICATIONS <br /> There were no Communications presented at this meeting. <br /> <br />CITY COUNCIL CALENDAR <br /> Mr. Walker presented the City Council Calendar for the <br />information of the Council. <br /> <br /> - 14 - 5-2-89 <br /> <br /> <br />