HomeMy WebLinkAboutRES 1993-27 - Board RESOLUTION NO' 93271-
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.........................-.......__.... ....... .. ...... . 11 , . MPETIIUE BIQDG (BE DISPE.............................. ...................... .......... .. ......
.............. ......... ....................... . NSED WITH rN
CC�NNECTIQN :WITH THE DISTRICT'S PURCHASE QF A NEW
TEEPHNE/UC) CE MAIL/CALL ACCC3UNTING INTEGRATED<;S'YSTEIVI
WHEREAS, staff has determined that the District's telephone system no longer meets the
growing needs of the District; and
WHEREAS, due to the technology of the current telephone system it cannot be upgraded
to add more extensions, voice mail features or to otherwise meet the needs of the
District; and
WHEREAS, a staff committee was appointed to review various phone systems on the
market which would meet the needs of the District; and
WHEREAS, the committee viewed presentations made by-three different vendors who
provide and maintain systems in the Truckee area; and
WHEREAS, while the committee found that there were some similarities among the three
systems presented, the unique features offered by one particular system better fit the
needs of the District and are much more desirable than the others; and
WHEREAS, the unique features offered by the Executone system, would allow staff to
process customer calls quicker and more efficiently, resulting in better communications
with customers and improving customer relations; and
WHEREAS, when the District purchased the existing telephone system, the District went
out to bid and awarded the bid to the lowest bidder. Since that time, the District has had
a difficult time purchasing new phones, having phones serviced and adding or changing
extensions since the company no longer exists, and
WHEREAS, current telephone/voice mail/call accounting systems are far more complex
than when the District bought the existing telephone system and include much more
complicated software; and
WHEREAS, the system selected is vital to the smooth operation of the District and the
image that the District presents to its customers, 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, 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
would not produce an advantage to the District and would be undesirable; and
WHEREAS, the Public Utilities 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 telephone/voice mail/call accounting
integrated systems 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/T RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District, for the reasons set forth above, that competitive proposals for a
telephone/voice mail/call accounting integrated system would be unavailing and would not
produce an advantage to the District and the advertisement for competitive bids would
not produce an advantage to the District and would be undesirable and costly.
BE /T FURTHER RESOLVED that the District finds that a telephone/voice mail/call
accounting integrated system more nearly resembles a special service, for which no
competitive bidding is required, as opposed to a "good."
BE /T FURTHER RESOLVED that the District shall therefore dispense with competitive
bidding for the acquisition of the telephone/voice mail/call accounting integrated system,
and District staff is authorized to negotiate an agreement with Executone to purchase said
system and ongoing services; and that said negotiated agreement will be brought back
to the Board for approval and acceptance.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held
within the District on the 7th day of June 1993 by the following roll call vote:
AYES: Corbett, Jones, Maass and Aguera.
NOES: Sutton.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
s4plf R. Aguer resident
ATTEST
Susan M. Craig, Deputy Distri Clerk
MC/smc