2011-86-Resolution No. 2011-023 Recorded 3/24/2011REVIEWED
LE AL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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CLERKDS Q 2011-86
03/24/201111:47:12 AM
For Recording stamp vniy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Sole Source
Procurement for the Central Oregon Regional
Communication Migration Plan
* RESOLUTION NO. 2011-023
*
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 2.37.020; and
WHEREAS, Deschutes County code 2.37.030 designates the Board of County Commissioners
("Board") to act as the local contract review board, and
WHEREAS, ORS 279B.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 engineering design services for the Central Oregon Regional Communication
Migration Plan can be performed only by 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 March 13, 2011 and no protests have been received; and
WHEREAS, because only one source is available to provide the necessary services, the Board
of County Commissioners ("Board") intends to award the contract; 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:
The Board adopts the findings in Exhibit A, attached and incorporated by reference.
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Recording Secretary
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BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
OWIC3��
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
EXHIBIT A to Resolution 2011-023
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Bend, Oregon
DATE: March 23, 2011
TO: The Commissioners
FROM: Larry Blanton, Sheriff
SUBJECT: Findings in Support of a sole -source procurement for the Central Oregon
Regional Communication Migration Plan designed by Motorola, Inc. to assist
the Deschutes County Sheriffs Office in complying with Federal
Communication Commission requirements for the Deschutes County Sheriff's
Office radio communications system.
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 a Plan designed by Motorola, Inc. to assist the Deschutes County Sheriffs
Office in complying with Federal Communication Commission requirements for the
Deschutes County Sheriff's Office radio communications system.
The Central Oregon Regional Communication Migration Plan is a two-part plan. Part
one of the plan will identify infrastructure and equipment needs for the radio systems
operated by the Deschutes, Jefferson and Crook County Sheriff's Offices in order to comply
with mandated changes required by the Federal Communications Commission.
Part two of the plan will enable the Deschutes County Sheriffs Office to identify and
upgrade the components of the 800 MHz radio system over several years. The Deschutes
County Sheriffs Office radio system services the Bend Police Department, the Sunriver
Police Department, the Black Butte Ranch Police Department, U.S. Forest Service Law
Enforcement, Deschutes County Road Department, City of Bend Public Works Department,
and the Deschutes County Parole and Probation Department.
The Deschutes County Sheriffs Office submitted a grant application to the State
Homeland Security Grant Program requesting funds to pay for the design of this plan. The
amount of the award is $155,575.00.
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.
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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.
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 the
Central Oregon Regional Communication Migration Plan, was published in The Bulletin on
March 13, 2011.
C. FINDINGS
The following findings are in support of the exemption and in compliance with the
statutory requirements described above.
The Deschutes County Sheriff's Office currently owns and operates a Motorola
Smartnet Simulcast radio system that operates from seven separate sites in Deschutes
County. The Deschutes County Sheriff's Office also operates a county -wide VHF radio
system as a backup system and for interoperability with Jefferson and Crook County public
safety and emergency service agencies. This radio system provides radio coverage for law
enforcement and emergency communications within the county.
The Federal Communications Commission has declared that VHF and UHF radio
systems will migrate to narrowband operation by December 31, 2012.
The Central Oregon Regional Communication Migration Plan also includes planning
for Jefferson and Crook County public safety and emergency communications systems to
come into compliance with the FCC declaration for narrowband operation by December 31,
2012.
Deschutes County Sheriffs Office has used Motorola Smartnet equipment for public
safety and emergency services since 1997. The Deschutes County Sheriffs Office has
consistently expanded the Smartnet system until the last addition in 2008 and continues to
utilize Motorola proprietary equipment.
The Deschutes County law enforcement and emergency radio communications
system uses infrastructure equipment and subscriber units proprietary to Motorola. The site
system equipment includes Motorola radio repeaters, microwave channel banks, remote site
PAGE 4 OF 6 - RESOLUTION NO. 2011-023
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 thirteen
years. To continue to have an operational system and comply with FCC rules, Deschutes
County Sheriff's Office needs an engineered solution to migrate to the next generation radio
system while maintaining and operating our current Motorola Smartnet radio system.
Deschutes County Sheriffs Office needs to maintain the current radio system and utilize as
much of the current radio system for the next generation radio system in order to be cost
effective and minimize radio system downtime.
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Exhibit A-1 to Resolution 2011-023
NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT
For design of a Central Oregon Regional Communication Migration Plan to enable the
Deschutes County Sheriff's Office to comply with Federal Communication Commission
requirements for the Deschutes County Sheriff's Office radio communication 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: A two-part Central Oregon Regional Communication Migration Plan. Part
one of the plan will identify infrastructure and equipment needs for the radio systems
operated by the Deschutes, Crook, and Jefferson County Sheriffs Offices in order to comply
with mandated changes required by the Federal Communication Commission. Part two of the
plan will enable the Deschutes County Sheriffs Office to identify and upgrade the
components of the 800 MHz radio system over several years.
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 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 Monday, March 21, 2011.
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.
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