HomeMy WebLinkAboutRES 2009-04 - Board •
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Resolution No. 2009 - 04
DIRECTING THAT COMPETITIVE BIDDING BE
DISPENSED WITH IN CONNECTION WITH
TELEVISING DISTRICT BOARD MEETINGS
WHEREAS,the District made a decision to televise Board meetings on February 2, 2005; and
WHEREAS, airing Board meetings allows the public access to District matters; and
WHEREAS, equipment was purchased and installed to enable televising the meetings; and
WHEREAS, Truckee Tahoe Community Television (TTCTV)televises public meetings; and
WHEREAS, no other vendor in the Truckee community provide these services; 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, the District finds that televising District Board meetings 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, since the Truckee Tahoe Community Television (TTCTV)would provide a sole
source of carriage of the District Board meetings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors that it adopts the above
stated recitals as its findings.
Resolution 2009-04 1
BE IT FURTHER RESOLVED BY THE Board of Directors that for the reasons set forth above,
the District finds that competitive bids for televising of Board meetings 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 the televising of Board meetings
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 televising of Board meetings.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within
the District on the 7th day of January 2009 by the following roll call vote:
AYES: Directors Aguera, Bender, Hemig, Hillstrom and Sutton
NOES: None
ABSENT: None
ABSTAIN: None
TRUCKEE DONN PUBLIC UT LITY DISTRICT
By:
J, o emig, President
ATTE�
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Michael D. Holley, Clerk of the Board
Resolution 2009-04 2