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2004-1468-Resolution No. 2004-136 Recorded 12/29/2004REVIE ED DESCHUTES COUNTY OFFICIAL RECORDS r NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL iZ�Z9�Z444 43;4i;i5 PM L GAL COUNSEL 11111111 IIIIIII20-i4 8 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring an Exemption from Competitive Bidding Requirements for Environmental Access, Inc. RESOLUTION NO. 2004-136 WHEREAS, ORS 279.029 generally requires that all contracts for public improvements be let to the lowest responsible bidder; and WHEREAS, ORS 279.015(2) nonetheless allows certain exemptions to the general requirement for low competitive bidding upon the making of certain findings by the local contract review board of a public agency; and WHEREAS, The Deschutes County Code, Section 2.36.010, designates the Board of County Commissioners to act as the local contract review board; and WHEREAS, The Deschutes County Code, Section 4.06.170, authorizes the Board, by resolution, to declare an exemption from the obligation to seek competitive proposals; and WHEREAS, after due notice, the Board, acting in its capacity as the local contract review board, after publishing notice of public hearing and having received no comments on this proposed exemption; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, acting in its capacity as the local contract review board as follows: Section 1. Based upon the information stated in this Resolution and Exhibit "A," the Board hereby finds that Environmenal Access, Inc. possesses a level of experience and/or expertise which renders this contractor uniquely suited for the work, makes it possible for the County to obtain a superior quality of service from this particular contractor, and is reasonably expected to result in substanital cost savings to the County. Section 2. Based upon the above findings, a specific exemption to the low competitive bidding requirements of ORS Chapter 279 is hereby granted to Environmental Access and to enter into an appropriate contract therefor, the final terms and conditions of which are subject to legal review and Board approval. PAGE 1 OF 2 — RESOLUTION NO. 2004-136 (12/29/04) Section 3. This Resolution shall become effective immediately upon its adoption. DATED this day of DP- U-4yJAA_ , 2004. ATTEST: Recording Secretary PAGE 2 OF 2 - RESOLUTION NO. 2004-136 (12/29/04) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON S R. LUKE, Commissioner LEGAL NOTICE PUBLISHED FIRST TIME TODAY PUBLIC MEETING NOTICE AMERICANS WITH DISABILITIES ACT CONSULTING SERVICES EXEMPTION FROM COMPETITIVE BIDDING Notice is hereby given pursuant to ORS 279.015(3) that a public hearing on an exemption from the low competitive bid process will be held by the Deschutes County Board of Commissioners on December 29, 2004, at 10:00 a.m. The hearing is for the purpose of taking comments on the Commission's draft findings for the exemption from the competitive screening and selection requirements for a consultant to advise the County on issues arising from the Americans with Disabilities Act. The hearing will be held in the Commissioners' Hearing Room at the Deschutes Services Building, 1300 N.W. Wall St., Bend, Oregon 97701. Draft findings in support of the exemption are available by calling Susan Ross, Project Manager, at 541-383-6713 or by email at susanc c2deschutes.org. Published December 15, 2004. EXHIBIT A The Board of County Commissioners of Deschutes County, Oregon, sitting as the local contract review board (`Board") finds as follows: Authority to exempt contract from competitive bidding. ORS 279.015(2) and the Deschutes County Code authorize the Board, acting as the local contract review board, to exempt certain personal services contracts from competitive bidding upon approval of appropriate findings. Public contracts may be exempted from the competitive bidding requirements if a consultant has been reasonably established as a sole source contractor or if there already exists a unique relationships/experience with the consultant. The Board makes the following findings in support of the exemption and in compliance with the statutory requirements described above. Project Description The U.S.Department of Justice (DOJ) recently inspected County buildings to determine compliance with ADA accessibility standards. The DOJ determined that most buildings were deficient in ADA compliance and would require procedural and/or structural modification. The County entered into an agreement with DOJ that obligated the County to make necessary modifications within a particular timeframe. The County intends to enter into a contract with Environmental Access, Inc. to assist the County in identifying and overseeing the correction of existing and future ADA access issues. The County also will require a consultant with substantial experience in enforcement of ADA design guidelines, particularly where past design or construction contracts with the County are involved. Sole Source Contractor Environmental Access, Inc is a firm that specializes in ADA standards and requirements. The principal of the firm is also a practicing attorney who can assist the County in reviewing previous professional and construction contracts. Such assistance will encompass recommending appropriate legal remedies for inadequate design or construction of county buildings. Initially during negotiations with the Department of Justice, Deschutes County requested the advice of this Consultant to assist the County in confirming Department of Justice recommendations, developing a cost estimate for the required modifications, providing training to applicable staff, and advising the County on various ADA issues. Through a separate process, this Consultant was hired by the Secretary of State's Elections Office to review polling places throughout the State's counties. Deschutes County's elections offices were reviewed by Environmental Consultants, Inc. for compliance with State elections regulations. Environmental Consultants, Inc. obtained considerable knowledge of County building and facilities that had been identified by the DOJ for ADA deficiencies. Because of the experience and expertise concerning County facilities acquired by the Consultant during the course of the relationship with the County, it is reasonably likely that the contractor would be selected to perform this work if standard selection procedures were to be utilized. The County believes that the award of a personal service contract to Environmental Access, Inc. will result in the selection of the most qualified consultant at a fair and reasonable price. Conclusion The proposed project is exempt from the competitive bidding requirements of ORS 279.015(2).