HomeMy WebLinkAboutRES 1987-43 - Board RESOLUTION NO. 8743
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, the District has determined the need to acquire a
utility billing and financial management system software package,
for use with the District's computer systems; and
WHEREAS, District staff has conducted extensive research and
determined that the system offered by Orcom Systems is far
superior to any other and precisely fits the District's computer
needs; and
WHEREAS, Public Contract Section Code 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 impractical, a public agency may dispense with
competitive bidding; and
WHEREAS, the District has an immediate need for a utility
billing and financial management system software package; 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 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 trained and experienced and competent to perform the
special services required; and
WHEREAS, the District has determined that a utility billing
and financial management system software package 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 Code Contract 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 ongoing
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 a utility billing and financial
management system software package 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 a
utility billing and financial management system software package
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
utility billing and financial management system software package,
and District staff is authorized to negotiate with Orcom Systems
for the purchase of such system, the final purchase price for
which shall be approved by the Board prior to such purchase.
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 17th day of August, 1987,
by the following roll call vote:
AYES: Maass, Aguera, Corbett
NOES: Sutton, Cooley
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
r
By•
hn L. Corbett, President
ATTEST:
Susan McDonald, Deputy District Clerk