RESOLUTION NO. _________________
A RESOLUTION OF THE BAKERSFIELD CITY
COUNCIL DISPENSING WITH FORMAL
BIDDING PROCEDURES IN THE PURCHASE OF
ADOBE SOFTWARE PRODUCTS AND
SUBSCRIPTIONS AND AUTHORIZING THE USE
OF COOPERATIVE PROCUREMENT
CONTRACTS FOR THE PURCHASE OF ADOBE
SOFTWARE PRODUCTS AND SUBSCRIPTIONS.
WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and
WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and
WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City’s economic advantage and in the City’s best interest; and
WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies , equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and
WHEREAS, the City desires to utilize a competitively awarded cooperative procurement contract for the purchase of Adobe Software Products/Subscriptions directly from Dell, to obtain competitive prices and the best value for the City’s equipment needs; and
WHEREAS, the process used to determine the vendors for the cooperative procurement contracts referenced herein substantially comply with the City’s procurement process, including public advertisement for sealed bids and awards determined on the basis of best value.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein by reference.
2. The Council finds that the purchase of Adobe Software Products/Subscriptions is necessary for the City’s use, and that it is in the best interests of the City, and to the City’s economic advantage that such purchase be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract.
The Council finds that the purchase of Adobe Software Products/Subscriptions, in the types and quantities required by the City, is available from a company, Dell, which successfully obtained a contract that was competitively awarded by a governmental agency within the last 36 months and/or is still active and valid.
3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)( 6) of the Bakersfield Municipal Code and to negotiate the purchase of Adobe Software Products/Subscriptions.
4. The Finance Director or his designee is authorized to purchase Adobe Software Products and Subscriptions from Dell pursuant to the terms and conditions of OMNIA – National Cooperative Purchasing Alliance (NCPA) Contract No. C000001019611 and NCPA 01 -143, as may be amended from time to time and including any options to renew that may be exercised by the parties.
5. That in the event certain work, supplies, equipment, or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall pu rchase such work, supplies, equipment, or materials, from the vendor offering the lowest price.
6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from, the vendors herein.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ____________________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER ______________________________________________________________ ABSTAIN: COUNCIL MEMBER ______________________________________________________________ ABSENT: COUNCIL MEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ______________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney II