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Home My WebLink AboutRES 1993-29 - Board RESOLUT[ N Nt' : 9329 ......... ... CIF THE ... ...... . ............ TFGKE DOWNER .PUBLIC UTIL...ITY D....I.. STR...-..-.................-........ IC............................................................................__ _ _.... ....._. ....._ _ _ .._. ............................................. ................................. .................................... .............................. ............ .................... ...... ...... .............'.............. ..................I............................. ............ .-... ........... .................. ............................. .... ..... ..... ............................. ....................................-... ... . ... _ _ _ _ ........ ...... ......... ..... ..... ............ __ _ _ _ _ _ _ ...._................__ ..........._..._. .........___.. ... _ _ . ..1...1... __......... _.- .........-.... .................... .......... .. ___ ......... .. .......... ..... DIR C`T1NG>T AT _MPETIT �/ ' 1DO G:BE DISPENSEQ VII'!Tf-t tIV ............. __. CC3NNECTION WITH !'THE D1STRtCT`S PURCHASE Ot= A CQI�fPUTER Sl�'STEM, ..................SOFTWARE: ttVSTALLAT[C�Ns TRAINING AI. D SUPPORT SERVICES __ _ _ ... . ... _ _ _ _ _ _....._. ...... ....... ........... .... . ............................... WHEREAS, the District purchased an IBM System 36 computer in 1987 and at the same time purchased software, training and support services from OrCom Systems, Inc.; and WHEREAS, the response time of the current system is very slow, it is virtually out of disk space for processing essential utility billing functions or to add additional programs; and adding terminals and printers would only slow the system down more; and WHEREAS, the District has determined that the existing hardware no longermeets the needs of the District and that it has reached its maximum capacity for expansion and .. that there is a need to upgrade its IBM System 36 computer to an IBM AS400 computer system; and WHEREAS, upgrading the computer hardware would also require an upgrade to the existing software, conversion of data files and training of staff to run such software provided by OrCom Systems, Inc.; 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 thus be undesirable or impractical, a public agency may dispense with competitive bidding; and WHEREAS, all of the District's utility billing and accounting functions have been converted to the current computer system at great expense to the District, and WHEREAS, converting all of these software packages to another vendor's hardware and/or software system would not be desirable and would be very costly to the District, and WHEREAS, the Orcom Systems, Inc. utility billing and financial software only operates on IBM equipment, 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, Public Utilities Code Section 20206.4 generally requires that the District seek competitive bids in connection with the purchase of goods; and WHEREAS, the District finds that the computer hardware, software and support services more nearly resembles a special service, for which no competitive bidding is required, as opposed to a "good'; 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, IBM offers to the State of California and local agencies a special volume discounted price on computer hardware, which staff has concluded is a far more favorable price than is available through any other IBM vendor; and WHEREAS, IBM also sells directly to "Value Added Remarketers" who add their own software product and sell the hardware and software as a complete package; and WHEREAS, OrCom Systems, Inc. is an authorized "Value Added Remarketer"of IBM equipment; and WHEREAS, OrCom Systems, Inc. has agreed to match the discount offered by IBM to the District; and WHEREAS, IBM has said that if OrCom Systems, Inc. has offered to match IBM's price, the District would be better off purchasing the hardware from OrCom Systems, Inc. since OrCom would provide a sole source of purchase, installation, conversion and training and that the installation and conversion would be smoother and more efficient because of it; and NOW, THEREFORE, BE lT RESOLVED by the Board of Directors that for the reasons set forth above, the District finds that competitive bids for an IBM AS400 computer system and utility billing and accounting software 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 lT FURTHER RESOL VED that the District finds that computer hardware, software and support services more nearlyresembles a special service, for which no competitive bidding is required, as opposed to a "good. " BE IT FURTHER RESOL VED that the District shall therefore dispense with competitive bidding for the acquisition of the IBM AS400 computer system and associated hardware and software, and District staff is authorized to negotiate directly with Orcom Systems, Inc. for the purchase of the IBM AS400 computer system and the upgrading of existing software 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: A YES: Corbett, Jones, Maass and Aguera. NOES: Sutton. ABSENT.• None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jo e0 R.'I'Agu'era, P ident ATTEST- Susan M. Craig, Deputy DistrW Clerk smc