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2008-80-Resolution No. 2008-017 Recorded 2/14/2008REVIEWED LEGA COUNSEL dESCNUTES COUNTY OFFICIAL NANCY BLANKENSNIP, COUNTY COMMISSIONERS' JOURNAL ii IIIIIIIIIillllll RECO CLERKS U 2008.80 02/14/2008 12:25;33 PM For Recording Stamp Only ---- BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON A Resolution Declaring an Sole Source Procurement for Phase IV of the 800 MHz Sheriff's Office Radio Communication System * RESOLUTION NO. 2008-017 WHEREAS, ORS 279A.015 generally requires that all contracts for public improvements be let to the lowest responsible bidder; and WHEREAS, Deschutes County has adopted the Model Rules of Public Contract Procedure, OAR 137, divisions 46-49 in Deschutes County Code, Section 2.36.020; and WHEREAS, Deschutes County code 2.36.030 designates the Board of County Commissioners ("Board") to act as the local contract review board, and WHEREAS, ORS 27913.075 and OAR 137.047-0275 authorize the Board, acting as the local contract review board, to award a contract for goods or services without competition when the local contract review board determines in writing that the goods or services, or class of goods or services, are available from only one source, and WHEREAS, based on the findings in Exhibit A, attached and incorporated by reference, the Board finds that the Phase IV of the 800 MHz Sheriff's Office radio communications system is available from only Motorola, Inc.; and WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole source contract was published in the Bulletin on February 3, 2008 and no protests have been received; and WHEREAS, because only one source is available to provide the necessary software, equipment and services, the Board of County Commissioners ("Board") intends to award the contract attached as Exhibits B to Motorola, Inc.; therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, acting in its capacity as the local contract review board, as follows: Section 1. The Board adopts the findings in Exhibit A, attached and incorporated by reference. PAGE I OF 2 — RESOLUTION NO. 2008-017 Section 2. On February 13, 2008, at 10:00 am, or shortly thereafter, depending on the public meeting agenda, the Board shall award and execute the contract with Motorola, Inc., attached as Exhibit B and incorporated by reference. Dated this—of r a' , 2008 ATTEST: Ilk, Recording Secretary PAGE 2 OF 2 — RESOLUTION NO. 2008-017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTE COUNTY, OREGON eel- �i D IS R. LUKE, hair TAMMY (BANEY) MELTON, Vice Chair EXHIBIT A to Resolution 2008-017 DESCHUTES COUNTY BOARD OF COMMISSIONERS Bend, Oregon DATE: February 13, 2008 TO: The Commissioners FROM: Larry Blanton, Sheriff SUBJECT: Findings in Support of a sole -source procurement for Phase IV of 800MHz Smartnet Simlucast radio communication system to add an additional radio site to the Sheriffs radio communication system on Mt. Bachelor. A. BACKGROUND The findings herein support authorizing the Deschutes County Board of Commissioners ("Board"), acting as the Local Contract Review Board, to allow a sole source procurement of Phase IV of the Sheriffs radio communication system, consisting of purchasing equipment, software and installation, from Motorola, Inc. The project consists of installing an additional radio site in the Pine Martin Lodge on Mt. Bachelor to provide radio coverage to the North and West of Mt. Bachelor. B. STATUTORY REQUIREMENTS ORS 279.13.075 provides that sole -source procurements are exempt from the competitive bidding process when a person designated in writing by the director, board or state contracting agency with procurement authority under ORS 279A.050, determines in writing that the goods or services, or class of goods or services, are available from only one source and to negotiate and sign an agreement.. The determination of a sole source must be based on written findings that may include: (a) That the efficient utilization of existing goods requires the acquisition of compatible goods or services; (b) That the goods or services required for the exchange of software or data with other public or private agencies are available from only one source; (c) That the goods or services are for use in a pilot or an experimental project; or (d) Other findings that support the conclusion that the goods or services are available from only one source. (3) To the extent reasonably practical, the contracting agency shall negotiate with the sole source to obtain contract terms advantageous to the contracting agency. Deschutes County Findings in Support of Sole -Source Exemption from Competitive Bidding 1-08 Legal/C&A/Contract Exemptions/phase IV Motorola OAR 137-047-0275 requires at least seven days public notice before award of the contract. The attached Exhibit A-1, Notice of Intent to Award Sole Source Contract for Phase IV of the Sheriff's 800 MHz radio communication system was published in The Bulletin on February 3, 2008 C. FINDINGS The following findings are in support of the exemption and in compliance with the statutory requirements described above. The Deschutes County Sheriffs Office currently owns and operates a Motorola Smartnet Simulcasted radio system that operates from six separate sites throughout the county. This radio system provides radio coverage for law enforcement and emergency communications within the county. The proposed Mt. Bachelor site will be the seventh Motorola Smartnet Simulcasted radio system site in the county. The infrastructure equipment and subscriber units are proprietary to Motorola. The site system equipment includes Motorola radio repeaters, microwave channel banks, remote site controllers, 10 -channel transmit combiner and receiver multicoupler, antennas, rubidium frequency standard and GPS receivers, firmware and power supplies. The subscriber units include radios in the patrol cars as well as the handheld units manufactured by Motorola. There is no other manufacturer that can provide compatible equipment for this system. Deschutes County has sole sourced the equipment from Motorola for the last 11 years. To continue to have an operational system the county will need to continue to purchase Motorola equipment and support services until such time as system equipment is no longer available and no support exists. The estimated time for the system replacement is 2018. Deschutes County Findings in Support of Sole -Source Exemption from Competitive Bidding 1-08 Legal/C&A/Contract Exemptions/phase IV Motorola Exhibit A-1 to Resolution 2008-017 NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT For Phase IV of the Deschutes County Sheriffs 800 MHz Radio System The Board of County Commissioners of Deschutes County, Oregon, will consider whether to award Motorola, Inc. the contract for the above -referenced project. The goods and services to be acquired are: Motorola radio repeaters, microwave channel banks, remote site controllers, 10 -channel transmit combiner and receiver multicoupler, antennas, rubidium frequency standard and GPS receivers, firmware and power supplies, including software, installation and optimization of the network. The Board of County Commissioners will decide whether the requirements to award the contract to Motorola, Inc. based on sole source procurement are met. This Notice is based upon Oregon Administrative Rule (OAR) 137-047-0275. Affected or aggrieved persons may protest the County's intent to award the contract as sole source procurement to the Board of County Commissioners of Deschutes County, Oregon, at 1300 NW Wall St., Suite 200, Bend Oregon 97701 within seven (7) days after the first publication date of this Notice of Intent to Award Sole Source Contract. The seven (7) day protest period will expire at 5:00 PM on Tuesday, February 11, 2008. Any protest must be in writing and must include: a detailed statement of the legal and factual grounds for the protest; a description of the resulting harm to the Affected Person; and the relief requested. If no timely protest is filed, this Notice of Intent to Award Contract becomes an Award of Contract without further action by the Board. Publication date: February 3, 2008 Legal/C&A/Sheriff/Moto rola MEMORANDUM OF INSURANCE PRODUCER THIS MEMORANDUM IS A MATTER OF INFORMATION ONLY. THIS AON RISK SERVICES, INC. OF ILLINOIS MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE AON CENTER COVERAGES AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 200 EAST RANDOLPH STREET CHICAGO, ILLINOIS 60601 D/B/A Aon Risk Insurance Services of Illinois. CA License 90095623 COMPANY A LIBERTY MUTUAL FIRE INSURANCE COMPANY INSURED COMPANY B LIBERTY INSURANCE CORPORATION MOTOROLA INC. AND ITS SUBSIDARIES 1303 EAST ALGONGUIN ROAD COMPANY C SCHAUMBURG, IL 60196 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY GENERAL -Commercial General TB2-641-005169-077 7/01/2007 7/01/2008 AGGREGATE $5,000,000 PRODUCTS- COMP/OP AGG Included Liability -Occurrence PERSONAL & ADV INJURY $5,000,000 EACH OCCURENCE $5,000,000 FIRE DAMAGE (any one fire) $250,000 MED EXP (any one person) $10,000 AUTOMOBILE COMBINED A LIABILITY AS2-641-005169-017 (Domestic Auto- All Sates) SINGLE LIMIT $5,000,000 BODILY INJURY -Any Auto 7/01/2007 7/01/2008 (per accident) BODILY INJURY (per accident PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY each accident OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURENCE AGGREGATE B WORKERS COMP & WA7-64D-005169-087 (Deductible) WC Statu- EMPLOYER'S 7/01/2007 7/01/2008 tory limits B LIABILITY WC7-641-005169-097 (Retro) EL EACH ACCIDENT $1,000,000 EL DISEASE - POLICY LIMIT $1,000,000 EL DISEASE — EA EMPLOYEE $1,000,000 OTHER FOR INFORMATIONAL PURPOSES ONLY Exhibit B to Resolution # 2008 - 017 • Q MOTOROLA Deschutes County Sheriffs Office Mt. Bachelor 800 MHz Site Addition October 15, 2007 Data Restrictions This proposal is considered Motorola confidential and restricted. The proposal is submitted with the restriction that it is to be used for evaluation purposes only, and is not to be disclosed publicly or in any manner to anyone other than those employed by the Deschutes County Sheriffs Office required to evaluate this proposal without the express permission of Motorola. MOTOROLA and the Stylized M Logo are registered in the U.S. Patent & Trademark Office. All other product or service names are the property of their respective owners. © Motorola, Inc. 2007 Motorola, Inc. 6450 Sequence Drive San Diego, CA 92121 • MOTOROLA • October 15, 2007 Sheriff Larry Blanton Deschutes County Sheriff's Office 63333 West Hwy 20 Bend, Oregon 97701 Dear Sheriff Blanton: Motorola is pleased to present this proposal for the Phase IV expansion of the County's _800 MHz SmartNet Simulcast Communications System. This latest expansion is part of a multiphase plan to address the present and anticipated future communications needs of Deschutes County. The proposal addresses the issues described in your emailed letter dated January 34, 2007, directing Motorola to proceed with developing an additional (7th) site to improve coverage in the northwest. comer in and around Mt. Bachelor. In this proposal. Motorola has used the pricing structure found in the City of Portland/ Washington • County, Oregon Communications Contract. As is our standard practice, the core of this proposal is a Communications System Agreement ("CSA") which will serve as the basis for the contract be.tween .Motorola and Deschutes County relating to this expansion. In this you will find our standard terms for payment, along with a custoinized financing plan. In this proposal you will find comprehensive design and implementation plans and pricing for the addition of a7 1h site on Mt. Bachelor's Pine Martin site. It should be noted here that because of harsh high alpine conditions, the window of opportunity for equipment installation on Mt. bachelor is limited to the summer months only. To utilize this window effectively, itis necessary that the contract be signed and approved by the end of November, 2007. As the industry's leading supplier of 800 MHz SmartNet Simulcast Systems, Motorola's commitment to quality assures Deschutes County Sheriff's Office a system that will perform well into the future. We look forward to continuing our strong partnership with the Sheriff's Office in this exciting and vital project. Sincerely, J Daniel J. De hey Vice President, Motorola Sales and Services, Inc Motorola, Inc., Networks & Enterprise 5450 Sequence Drive. San Diego. CA 92121 U.S.A. Tel: +1 858 578 2222 Communications System Agreement • •