2017-887-Resolution No. 2017-055 Recorded 12/21/2017REVIEWED /l7
���L^-
LEG L COUNSEL
Recorded in Deschutes County CJ2017-887
Nancy Blankenship, County Clerk
Commissioners' Journal 12/21/2017 11:02:49 AM
2017-887
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON
A Resolution Declaring a Sole Source
Procurement for New Fence and * RESOLUTION NO. 2017-055
Automated Gate Installation and Technical
Service
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 2796.075 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 Mike's Fence Center is the only local company available 24
hours a day, seven days a week to service the automatic gate and provide technical service
on demand.; and
WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole
source contract was published in the Bulletin on November 12, 2017 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,
PAGE 1 OF 5 - RESOLUTION NO. 2017-055
BE IT
DESCHUTES
as follows:
RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COUNTY, OREGON, acting in its capacity as the local contract review board,
The Board adopts the findings in Exhibit A, attached and incorporated by reference.
Dated this of 2C , 2017 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTE
ecording Sec etary
PAGE 2 of 5 - RESOLUTION NO. 2017-055
TAMMY - M -EY, C it
ANTHONY DEBONE, Vice Chair
PHILLIP G. NDER ON, Commissioner
TF
EXHIBIT A to Resolution 2017-055
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Bend, Oregon
DATE: November 20, 2017
TO: Deschutes County Board of County Commissioners
FROM: L. Shane Nelson, Sheriff
SUBJECT: Findings in Support of a sole -source procurement for New Fence and
Automated Gate Installation and 24/7 Technical Service
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
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.
OAR 137-047-0275 requires at least seven days public notice before award of the
contract.
PAGE 3 OF 5 - RESOLUTION NO. 2017-055
The attached Exhibit A-1, Notice of Intent to Award Sole Source Contract for the New
Fence and Automated Gate Installation and Technical Service, was published in The Bulletin
on November 12, 2017.
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 operates an automatic rolling gate and
security fencing around the Special Services and Automotive Unit offices, Search and
Rescue/Emergency Services staging areas, and vehicle storage areas located within the
Deschutes County Public Safety Campus at 63360 NW Britta Street, Building #3. Security
fencing with automatic gate enclosure is essential to this area due to the amount of marked
vehicles and value of specialized equipment being stored.
The current access gate to the area was originally installed in 1997. After frequent use
over 20 years, the gate is no longer functioning properly. The current rolling gate operates
with an automatic chain and wheel sprocket, which was not designed to handle the frequency
of operation that is being experienced. The rolling gate and chain are subject to frequent
break downs, as the chain is slipping off due to the worn gears that operate the wheel.
Furthermore, the Deschutes County Sheriff's Office Maintenance Unit has spent a significant
amount of time in recent years to keep the gate functioning, and there are no longer any
portions of the gate that do not need to be replaced.
Automatic tilt -a -way pivot gates allow for frequent operation and are better suited for
the 63360 NW Britta Street location in functionality. When obtaining quotes from local
fencing vendors to replace the tilt -a -way pivot gate, it was discovered that only Mike's Fence
Center is available to service this type of gate twenty-four hours a day, 7 days a week (24/7)
in Bend should the gate malfunction. American Fence Company provides repair service
through a contracted company in Portland, Metro Garage Door, which would delay repair
services to the gate by a minimum of 4 hours. Bend Fencing does not install or support tilt -a-
way pivot gates, and referred the Sheriff's Office to Mike's Fence Center.
It is critical that the Deschutes County Sheriff's Office Special Services, Emergency
Services, and Automotive Units have access to 24/7 support of the gate with unobstructed
access to these secure areas. Units respond to emergencies outside of business hours, and
cannot risk the potential of being trapped inside or outside of the secure areas at any time.
Delayed gate repairs may result in delayed response times to emergency situations and
could affect the safety and welfare of the public.
The Deschutes County Sheriff's Office finds that Mike's Fence center is the only
vendor available to provide immediate technical gate support to this location 24/7. Upon
approval of the Board, the Sheriff's Office intends to award Mike's Fence Center with
Deschutes County Sole Source Service Contract, Document No. 2017-706.
PAGE 4 OF 5 - RESOLUTION NO. 2017-055
Exhibit A-1 to Resolution 2017-055
NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT
New Fence and Automated Gate Installation for the Deschutes County Sheriff's Office
Special Services and Automotive Units
The Board of County Commissioners of Deschutes County, Oregon, will consider
whether to award Mike's Fence Center the contract for the above -referenced project. The
goods and services to be acquired include a new fence and automated gate with sensors in
the secure parking lot areas for the Special Services and Automotive Units of the Sheriff's
Office. Technical services for the new gate must be available 24 hours a day, seven days a
week. Mike's Fence Center is the only local company that can install the fence and be ready
to service the gate on demand.
The Board of County Commissioners will decide whether the requirements to award
the contract to Mikes Fence Center 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 97703 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, November 20, 2017.
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.
PAGE 5 of 5 -RESOLUTION NO. 2017-055
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of December 18, 2017
DATE: December 7, 2017
FROM: L. Nelson, Sheriff's Office, 541-317-3118
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2017-055, Sole Source Procurement
Resolution
RECOMMENDATION & ACTION REQUESTED:
Board consideration and signing of resolution No. 2017-055 declaring a sole source
procurement for new fence and automated gate installation with 24/7 technical service.
Contractor/Supplier/Consultant Name: Mike's Fence Center
Contractor Contact: Ryan Eckman Contractor Phone #: (541) 213-9839
Goods and/or Services: New Gate and Fencing for the Sheriff's Office Special Services and
Automotive Units
Background & History:
The Deschutes County Sheriff's Office currently operates an automatic rolling gate and
security fencing around the Special Services and Automotive Unit offices, Search and
Rescue/Emergency Services staging areas, and vehicle storage areas located within the
Deschutes County Public Safety Campus at 63360 NW Britta Street, Building #3. Security
fencing with automatic gate enclosure is essential to this area due to the amount of marked
vehicles and value of specialized equipment being stored.
The current access gate to the area was originally installed in 1997. After frequent use over 20
years, the gate is no longer functioning properly. The current rolling gate operates with an
automatic chain and wheel sprocket, which was not designed to handle the frequency of
operation that is being experienced. The rolling gate and chain are subject to frequent break
downs, as the chain is slipping off due to the worn gears that operate the wheel. Furthermore,
the Deschutes County Sheriff's Office Maintenance Unit has spent a significant amount of time
in recent years to keep the gate functioning, and there are no longer any portions of the gate
that do not need to be replaced.
Automatic tilt -a -way pivot gates allow for frequent operation and are better suited for the 63360
NW Britta Street location in functionality. When obtaining quotes from local fencing vendors to
replace the tilt -a -way pivot gate, it was discovered that only Mike's Fence Center is available to
service this type of gate twenty-four hours a day, 7 days a week (24/7) in Bend should the gate
malfunction. American Fence Company provides repair service through a contracted company
in Portland, Metro Garage Door, which would delay repair services to the gate by a minimum
of 4 hours. Bend Fencing does not install or support tilt -a -way pivot gates, and referred the
Sheriff's Office to Mike's Fence Center.
It is critical that the Deschutes County Sheriff's Office Special Services, Emergency Services,
and Automotive Units have access to 24/7 support of the gate with unobstructed access to
these secure areas. Units respond to emergencies outside of business hours, and cannot risk
the potential of being trapped inside or outside of the secure areas at any time. Delayed gate
repairs may result in delayed response times to emergency situations and could affect the
safety and welfare of the public.
The Deschutes County Sheriff's Office finds that Mike's Fence center is the only vendor
available to provide immediate technical gate support to this location 24/7. Upon approval of
the Board Resolution No. 2017-055, the Sheriff's Office intends to award Mike's Fence Center
with Deschutes County Sole Source Service Contract, Document No. 2017-706.
Agreement Starting Date: Upon signature of all parties. Ending Date: July 1, 2018
Annual Value or Total Payment: $41,567.00
Departmental Contact and Title: Lt. Bryan Husband Phone #: (541) 388-6655