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Home My WebLink AboutRES 1996-37 - Board r RESC? UT �1fO. 37 f�F TEE TR�!'CME Q NE 13LIC t1TILITY'DISTRICT DIRE�TiN THAT eE�1VIPETITIV BIDDING BE DISPENSED WITH IN aNlIfEqTI# t VI�tTt TiYE DtSTRfCT'S PURHaSE OF USED LOAL7ER WHEREAS, the District has determined that the acquisition of a loader would benefit its operation; and WHEREAS, purchase of a used loader in good and reliable working order would be more cost effective that purchasing a new piece of equipment; and WHEREAS, the loader must meet the reliability criteria and demonstrate a long term value to the District in terms of functionality, performance, and expendability; and WHEREAS, the following factors are relevant to the decision to purchase a used loader.initial cost, age, condition, delivery schedule, conditions of warranty; and WHEREAS, there are so many factors that determine the condition of a used loader and the condition, in turn, determines the fair price and, therefore, it is necessary to review the purchase of a used loader on a case-by-case basis using judgement and flexibility rather than written specifications; and WHEREAS Public Utilities Code Section 20206.4 generally requires that the District seek competitive bids in connection with the purchase of goods and equipment; and WHEREAS, various California court decisions, including Graydon v. Pasadena Development Ageng 104 Cal.App.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 has determined that, due to the numerous important factors in the acquisition of a used piece of equipment, it is in the District's best interest to investigate used loaders meeting the District's specifications that are advertised for sale, including price, but without price being the controlling factor, NOW, THEREFORE, BE/T RESOLVED that the Board of Directors adopts the above recitals as its findings; and �^ BE IT FURTHER RESOLVED by the Board of Directors that, for the reasons set forth above, the District finds that competitive bidding for a used loader 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. BE IT FURTHER RESOLVED that the District shall therefore dispense with competitive bidding for the acquisition of a used loader and that District staff is hereby authorized to purchase a used loader after negotiating with the seller of the equipment best suited to the District's needs and as set forth above. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the eighteenth day of December 1996 by the following roll call vote: AYES: Aguera, Jones, Maass and Hemig. NOES: Sutton. ABSENT: None. TRUC EE DONNER PUBLIC UTILITY DISTRICT .... Peter L. Holzmelster, Clerk of the Board ATTEST: Susan M. Craig, Deputy Distric Jerk smc ADOPTION COPY TRUCKEE DONNER PUBLIC UTILITY DISTRICT FINANCING CORPORATION RESOLUTION NO. 96-1 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT FINANCING CORPORATION APPROVING AN INSTALLMENT PURCHASE AGREEMENT AND CERTAIN OTHER DOCUMENTS AUTHORIZING THE PREPARATION, SALE AND DELIVERY OF REFUNDING CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the Truckee Donner Public Utility District Financing Corporation is a nonprofit public benefit corporation organized and existing under the laws of the State of California (the "Corporation") with the authority to assist in the financing and refinancing of water system improvements on behalf of the Truckee Donner Public Utility District (the "District"); and WHEREAS, the District has previously caused First Interstate Bank, Ltd. to execute and deliver the District's $10,510,000 principal amount of Certificates of Participation (the "Prior Certificates") of which $10,080,000 currently remains outstanding, pursuant to a Trust Agreement, dated as of May 1, 1991 (the "Prior Indenture"), by and among the District, Wells Fargo Bank, National Association, as successor trustee to First Interstate Bank Ltd., as Trustee thereunder (the "Prior Trustee") and Truckee Donner Public Utility District Financing Corporation (the "Corporation"); WHEREAS, in connection with the execution and delivery of the Prior Certificates, the District entered in to an Installment Purchase Agreement, dated as of May 1, 1991 (the "Prior Purchase Agreement"), with the Corporation; WHEREAS, the District and the Corporation now desire to enter into that certain Installment Purchase Agreement, dated as of November 1, 1996, by and between the District and the Corporation (the "Installment Purchase Agreement"), the form of which has been presented to this Board of Directors at this meeting, pursuant to which the District will agree to purchase the Project (as defined in the Installment Purchase Agreement) from the Corporation and to pay certain Installment Payments (as defined in the Installment Purchase Agreement) which will be pledged to the owners of the Refunding Certificates of Participation (defined below) by the Corporation pursuant to a Trust Agreement, dated as of November 1, 1996, by and among U.S. Trust Company of California, N.A., the District and the Corporation (the "Trust Agreement"), the form of which has been presented to this Board of Directors at this meeting; and f.\45496.3\537\22925-01 WHEREAS, the Corporation will assign to the Trustee payments under the Installment Purchase Agreement, such assignment to be made pursuant to an Assignment Agreement, dated as of November 1, 1996 by and between the Corporation and the Trustee (the "Assignment Agreement"), the form of which has been presented to this Board of Directors at this meeting; and WHEREAS, the Corporation and the District have determined that it would be in the best interests of the Corporation, the District and the citizens of the community to authorize the preparation, sale and delivery of refunding certificates of participation in an aggregate principal amount not to exceed $12,500,000 (the "Certificates"), which Certificates evidence proportionate interests in certain installment payments to be made pursuant to the Installment Purchase Agreement; NOW, THEREFORE, the Board of Directors of the Corporation do hereby resolve as follows: SECTION 1: Certificates. This Board of Directors hereby authorizes the preparation, sale and delivery of the Certificates in an aggregate principal amount not to exceed $12,500,000 in accordance with the terms and provisions of the Trust Agreement. The proceeds of the sale of the Certificates shall be applied to refinance the acquisition and construction of a portion of the District's capital improvement program through the advance refunding of the District's Prior Certificates, to fund a reserve fund, and to pay the costs of the sale and delivery of the Certificates. SECTION 2: Certificate Documents. The Installment Purchase Agreement, the Assignment Agreement and the Trust Agreement presented at this meeting are approved. The President or Vice-President of the Corporation or the President's designee is authorized and directed to execute and deliver said agreements. The agreements shall be executed in substantially the forms hereby approved, with such additions thereto and changes therein as are recommended or approved by Special Counsel to the Corporation and approved by such officers of the Corporation executing the documents, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3: Other Actions. The President and the Secretary, and such other officers of the Corporation are authorized and directed,jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale and delivery of the Certificates, and the delivery of the Installment Purchase Agreement, Assignment Agreement and Trust Agreement, and otherwise effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 4: Effect. This Resolution shall take effect from and after its date of adoption. f.\45496.31537122925-01 Y PASSED AND ADOPTED THIS 12th day of November, 1996 by the following vote of the Board: Ayes: Nayes: Absent: TRUCKEE DONNER PUPLYC UTIL CT F ANCING CO IO 'Presiclent Attest: ; 1 (Secret I, the undersigned, hereby certify: That I am the duly appointed and acting Secretary of the Truckee Donner Public Utility District Financing Corporation and that a special meeting of the Board of Directors of said District was held on November 12, 1996, the minutes of the regular meeting of the Board of Directors were duly and regularly adopted by said Board, and that said minutes have not been rescinded or amended since the date of their adoption, and that they are now in full force and effect. Dated: November 12, 1996LQ � r Secretary Truckee Donner Public Utility District Financing Corporation f.\45496.3\537122925-01