HomeMy WebLinkAboutRES 1990-06 - Board r
RESOLUTION NO. 9006
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
DIRECTING THAT COMPETITIVE BIDDING
BE DISPENSED WITH IN CONNECTION WITH THE DISTRICT S
PURCHASE OF COMPUTER SOFTWARE
WHEREAS, in 1987 the District evaluated its computer software
needs and determined the need to acquire a new utility billing and financial
management system software package; and
WHEREAS, the system that was determined to meet the District's programming
needs was purchased from Orcom Systems; and
WHEREAS, form time to time Orcom Systems develops additional programs to
enhance its original programming, adding more capabilities to improve utility
operations; and
WHEREAS, an enhancement has been made to the utility billing system that now
would enable the District to store the volumes of historical utility billing
data on an optical disk, thus enabling the District staff to readily access
that data on a personal computer; and
WHEREAS, the District staff has determined that this technology would provide
a quicker and more efficient method of researching customer records and would
save valuable time and computer record storage space and would restore
computer processing speed; and
WHEREAS, Public Contract Code Section 20206.4 generally requires that the
District seek competitive bids in connection with the purchase of goods; and
WHEREAS, various California court decisions, including Graydon v. Pasadena
Development Agency, 104 C.A. 3d 631 (1980) , hold that if the subject of a
contract is such that competitive proposals would be unavailing or would not
produce an advantage, and the advertisement for competitive bid would thus be
undesirable or practical, a public agency may dispense with competitive
bidding; and
WHEREAS, Orcom Systems is the only vendor who has designed a program that
interfaces with the District's utility billing system; and
WHEREAS, it would be extremely time consuming and difficult for District
staff to draft specifications for the necessary computer software package,
without such specifications pointing directly to the system offered by Orcom
Systems; and
WHEREAS, due to the facts set forth above, competitive bidding would be
unavailing and would not produce an advantage to the District, and the
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advertising for competitive bids and the delay that would therefore result,
would be undesirable; and
WHEREAS, Public Contract Code Section 16034 and Government Code Section 53060
provide that the District may, without competitive bidding, contract for
special services and advice in financial, economic, accounting, engineering,
legal, administrative, and professional matters if such persons are specially
trailed and experienced and competent to perform the special services
required; and
WHEREAS, the District has determined that an optical archive system more
nearly resembles a special service contract, within the meaning of the above-
cited code sections, rather than a "good, " as that term is used in Public
Contract Code Section 20206.4, because a software package includes, as an
integral part, specialized services in adapting the system to the District's
needs, installing the system, training District personnel, and providing on-
going services after installation;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors, that for the
reasons set forth above, the District finds that competitive proposals for an
optical archive system software enhancement would be unavailing and would not
produce an advantage to the District, and the advertisement for competitive
bids and the resulting delay would be undesirable.
�,.. BE IT FURTHER RESOLVED that the District finds that an optical archive system
software enhancement more nearly resembles a special service, for which no
competitive bidding is required, as opposed to a "good. "
BE IT FURTHER RESOLVED that the District shall therefore dispense with
competitive bidding for the acquisition of the optical archive system
software enhancement, and District staff is authorized to purchase such
system in the amount of $ 5, 500 plus $2, 120 for professional services to
install and train District staff on the operation of such system.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the
Truckee Donner Public Utility District duly called and held in said District
on the 20th day of February 1990 by the following roll call vote:
AYES: Corbett, Sutton and Aguera.
NOES: None.
ABSENT: Curran and Maass.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By `l
J s A. Maass, President
ATTEST* (-
Susan M. Craig, Deputy Dipfrict Clerk