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HomeMy WebLinkAboutRES 2009-04 - Board • jk 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� ,, Michael D. Holley, Clerk of the Board Resolution 2009-04 2