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HomeMy WebLinkAboutRES 2000-19 - Board Public Resolution No. 2000=19 DIRECTING THAT COMPETITIVE BIDDING BE DISPENSED WITH IN CONNECTION WITH THE PURCHASE OF A REMITTANCE PROCESSING SYSTEM WHEREAS, in February, 1999, the District authorized the purchase of a new computer system including hardware, software, training and support services from Central Area Data Processing (currently operating under the name of National Information Systems Cooperative or NISC) to process its utility billing and financial accounting data processing needs; and WHEREAS, the District converted to the NISC Cost and General Accounting software in November, 1999; and WHEREAS, the District will be converting to the NISC CAPS XL Plus Billing software in November, 2000; and WHEREAS, the Administrative Services Department has been implementing various technological solutions to improve its efficiency and response time to the customers; and WHEREAS, the District staff manually processes payments stubs and checks received from customers on a daily basis and wishes to purchase a hardware and software solution to automate these processes; and WHEREAS, NISC has many clients already using the Omega Systems NCR 7731 Flex Remittance System and has already developed the software to interface with the NISC Billing System; and WHEREAS, purchasing a remittance processor from another vendor and developing interface software would not be desirable and would be costly to the District; and WHEREAS, upon delivery of the remittance processor, an Omega Systems technician will come to the District to install the hardware and software, provide staff training and subsequent direct link support of such software; 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, 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 whicah 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, since Omega Systems.would provide a sole source of purchase, installation, training and subsequent support and that the installation and implementation would be smoother and more efficient because of it. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that it adopts the above stated recitals as its findings. BE IT FURTHER RESOLVED BY THE Board of Directors that for the reasons set forth above, the District finds that competitive bids for the purchase of a remittance processing system including hardware, software and support services 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 IT FURTHER RESOLVED that the District finds that computer hardware, software and support services 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 a remittance processing system and associated hardware and software, and the District staff is authorized to purchase from Omega Systems the necessary hardware, software and software licenses to operate said system including installation costs and training. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 4th day of October 2000 by the following roll call vote: AYES: Aguera, Maass, Sutton, Van Gundy and Hemig. NOES: None. ABSENT: None. TRUCKEE DONNE UBLIC UTILITY DISTRICT By: IrwI J. n ig, President of the 93oard ES r� Peter L. Holzmeister, CI of the Board