HomeMy WebLinkAboutRES 2007-02 - Board TRUCKEE R
Resolution No. 2007- 02
Directing that competitive bidding be dispensed with in
connection with the purchase of a new phone system including
hardware, software, support services and on-going training
WHEREAS, the District's current phone system is fourteen years old and needs to be
replaced; and
WHEREAS, purchasing a new phone system requires the purchase of hardware, software,
support and on-going training; and
WHEREAS, it is critical to the District's operation that the phone system including subsequent
support and on-going training meet the needs of the District; and
WHEREAS, upon delivery of the phone system the successful vendorwill come to the District
to install the hardware and software, provide staff training and subsequent support of such
., hardware and 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, the District will be soliciting proposals for the purchase of a new phone system in
the form of a Request for Proposals but the District will select a system including subsequent
support and on-going training based on how well the proposed system and vendor meet the
needs of the District; 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 Contract 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 phone system hardware, software, support services and
on-going training more nearly resembles a special service, forwhich no competitive bidding is
h 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
Resolution 2007-02 Dispense bidding-phone system
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 the phone system vendor 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 forthe reasons set forth above,
the District finds that competitive bids for the purchase of a phone system including hardware,
software, installation, support services and on-going training 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 phone system hardware, software,
installation, support services and on-going training 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 new phone system including hardware and software, and the
District staff is authorized
to seek proposals through the issuance of an RFP, review and evaluate all proposals
submitted with the assistance of the District's telecom consultant and bring them back to the
Board with a recommendation.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within
the District on the 17th day of January, 2007 by the following roll call vote:
AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason
NOES: None
ABSENT: None
TRUCKEE DONNER BLIC UTILITY DISTRICT
e,
By; �......,,,,,.
Tim F. Taylor, Board o ' ectors
ATTEST:
Peter L. Holzmeister, Clerk of the Board
Resolution 2007-02 Dispense bidding-phone system