2005-24-Resolution No. 2005-008 Recorded 1/12/2005I, I ---
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NANCY BLANKENSHIP, COUNTY CLERK COUNSEL COMMISSIONERS' I JOURNAL 01/1Z/Y005 04;21;Z4 PM
1111111111111111111111111I2005-24
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring an Exemption
From Competitive Solicitation Requirements
for Federal Lobbyist.
RESOLUTION NO. 2005-008
WHEREAS, ORS 279.029 generally requires that all contracts for public improvements be let to the
lowest responsible bidder; and
WHEREAS, ORS 279.051 and DCC 4.06.170(C) nonetheless allows certain exemptions to the general
requirement for a competitive process for personal services contracts upon the making of certain findings by the
local contract review board of a public agency; and
WHEREAS, after due notice and public hearing, concerning the declaration of exemption for a contract
for federal lobbying services, the Board is acting in its capacity as the Deschutes County contract review board;
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, which is adopted and
incorporated herein, the Board hereby finds that the contract for federal lobbying services to be provided by The
Ferguson Group satisfies the requirements for exemption from competitive solicitation.
Section 2. Based upon the above findings, a specific exemption to the competitive solicitation
requirements of ORS Chapter 279 is hereby granted to The Ferguson Group and to enter into an appropriate
contract therefor, the final terms and conditions of which are subject to legal review and Board approval.
Section 3. This Resolution shall become effective immediately upon its adoption.
DATED this 12th day of January, 2005.
ATTEST:
Recording Secretary
PAGE 1 OF 2 — RESOLUTION NO. 2005-008 (01/12/05)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNT ,OREGON
TOM DEWOLF, C
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 279.051 and the Deschutes County Code 4.06.170(C) authorize the Board, acting as the local contract
review board, to exempt certain contracts from competitive procurement upon approval of appropriate findings.
Contracts for personal services may be exempted from the competitive procurement requirements, if the
following findings are established:
1. The county has established over time a unique relationship with the desired contractor which:
a. Gives the particular contractor a level of experience and/or expertise which renders the contractor
uniquely suited for the work; and
b. Makes it possible for the department to obtain a superior quality of service from the particular
contractor; and
c. Is reasonably expected to result in substantial cost savings to the department and/or County; and
2. The experience and/or expertise acquired by the contractor in the course of the relationship make it
reasonably likely that the contractor would be selected to perform the service if standard selection procedures were
utilized; and
3. The benefits to the County derived from the exemption, including superior service and cost savings,
significantly outweigh any adverse effect on competition
The Board makes the following findings in support of the exemption and in compliance with the requirements
described above.
Description of Service
In late 2003 the Board of County Commissioners conducted an extensive search and evaluation process to
identify a consultant to furnish lobbying services in Washington D.C. That search resulted in the selection of The
Ferguson Group, LLC, with which the county executed a contract. This contract was for a term of one year,
which is set to expire on January 26, 2005. Under the exemption being considered here the County would enter
into a three-year contract with an option to renew for an additional year.
No Favoritism or Diminished Competition
Deschutes County followed the competitive solicitation requirements for the initial selection of The Ferguson
Group, LLC.
Cost Savings
There will be substantial cost savings to the County in awarding the contract for federal lobbying to the same
contractor because the contractor is already engaged in services on the county's behalf and there will be less
time devoted to meeting with county staff and determining the county's objectives in the federal arena. Further,
the County would be at a disadvantage if its spokesperson in Washington were to change, either in appearance
or approach. Continuity here is important in achieving county objectives.
Experience Acquired by the Contractor
During the course of the past year, The Ferguson Group has interacted with county officials and staff in
determining and pursuing the county's objectives and in so doing has a superior understanding of Deschutes
County's needs in the federal system, as well as established relationships with particular agencies' contacts that
can or may satisfy those needs. Given the level of experience gained during the course of representing the
county in Washington, it is likely that The Ferguson Group would be the selected consultant if a competitive
proposal process were conducted again.
Conclusion
The public improvement described herein is exempt from the competitive solicitation requirements of ORS
Chapter 279.
Page 2 of 2 - Exhibit A - Resolution 2005-008 (01/12/05)