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HomeMy WebLinkAboutRES 1992-23 - Board r RESOLUTION Nfl ............ 9223 THE .... ......... .. . ..... TRUCKEEDONNER, PUBLIC . UTILIT.Y.DISTRICT... ...... DiR ECTING .... .. ........ ...... ........... THAT COMPETITIVE BIDDING ..... . .... BE DiSPENSED WITH 1N CONNECTION WITH....... ...THE'.D1STR.ICT:S PURCHASE OF AN UPDATED METER( READING SYSTEM WHEREAS, in 1988 the District purchased meter reading software and hardware from OrCom Systems that interfaces with its utility billing system; and WHEREAS, in the last several months staff has experienced continuous problems with the reliability of the meter reading hardware causing inefficiency and low employee morale; and WHEREAS, the District contracts with OrCom systems to install, train and maintain its utility billing, meter reading and financial management system software package; and WHEREAS, OrCom systems has become the exclusive distributor for ITRON meter n reading devices (hardware) for utilities and is the only vendor who has designed a software program that interfaces with the District's utility billing system; and WHEREAS, the State of California has required that all water utilities install meters at all new residential service locations;and staff has determined that purchasing and installing meters with special sensors which would allow for automated meter reading is in the best interest of the District; and staff has also determined from its research that ITRON currently has the technology to do automated meter reading for electric meters and is developing the technology to automatically read water meters; 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 bids would be unavailing or would not produce an advantage, and the advertisement for competitive bids would thus be undesirable or impractical, a public agency may dispense with competitive bidding; and WHEREAS, it would be extremely time consuming and difficult for District staff to draft specifications for the necessary meter reading software and hardware 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 advertising for competitive bids and the delay that would therefore result, would be undesirable; and WHEREAS, the 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 trained and experienced and competent to perform the special services required, and WHEREAS, the District has determined that a meter reading 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 of the Truckee Donner Public Utility District, for the reasons set forth above, that the District finds that competitive proposals for an updated meter reading system 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 and costly. BE IT FURTHER RESOLVED that the District finds that a meter reading system 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 replacement meter reading devices and software interface, and District staff is authorized to purchase such system in the amount of $21,043.91 plus out-of-pocket expenses to install and train District staff on the operation of such system. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 20th day of July 1992 by the following roll call vote: AYES: Aguera, Corbett, Curran, Maass and Sutton. NOES: None. ABSENT.• None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By - Jt0h1A Aguera, ��Isident ATTEST-. Susan M. Craig, Deputy Distric Jerk smc