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2023-194-Resolution No. 2023-038 Recorded 6/26/2023REVIEWED LEGAL COUNSEL Recorded in Deschutes County CJ2023-194 Steve Dennison, County Clerk 0 Commissioners' Journal 7/03/2023 4:33:21 PM 2023-194 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring a Sole Source Procurement for Consultant Services for Phase II * RESOLUTION NO. 2023-038 of the Solid Waste Management Facility Siting Proj ect WHEREAS, ORS 279A and applicable contracting rules in Deschutes County Code generally require that contracts for public improvements be let to the lowest bidder; and WHEREAS, Deschutes County has adopted the Model Rules of Public Contracting, including applicable provisions in OAR 137; and WHEREAS, the Board of County Commissioners is designated as Deschutes County's Local Public Contract Review Board; and WHEREAS, OAR 137-047-0275 authorizes the Local Public Contract Review Board to award a contract for goods or services without competition when it 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 Local Public Contract Review Board finds that the goods/services for Phase II of the Solid Waste Management Facility Siting Project is available in Oregon only from Parametrix, Inc.; and WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole source contract was published in the Bulletin Newspaper on 6/3/2023 through 6/10/2023 (Affidavit of Publication attached as Exhibit B) and no protests have been received; and WHEREAS, because only one source is available within Oregon to provide the necessary goods/services, the Board of County Commissioners intends to award the contract; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, acting in its capacity as the Local Public Contracting Review Board, as follows: Section 1. The Board adopts the findings in Exhibit A and authorizes awarding of the sole source contract to Parametrix, Inc. PAGE 1 OF 1— RESOLUTION NO. 2023-038 Section 2. Effective Date. This Resolution shall be effective upon adoption. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this of v 2023 AT EST: Recording Secretary . /1) /1), w, I A TONY DebONE, Chair s PATTI ADAIR, Vice Chair PHIL CHANG, Co loner PAGE 2 of I —RESOLUTION NO.2023-038 EXHIBIT A BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON, IN ITS CAPACITY AS THE COUNTY'S LOCAL PUBLIC CONTRACT REVIEW BOARD AGENDA ITEM: Award of contract for goods and services without competition, as a sole -source procurement, pursuant to ORS 27913.075, OAR 137 and Deschutes County Code 2.37. FINDINGS IN SUPPORT OF PROPOSED ACTION: 1. The Solid Waste Department has completed Phase I of the Solid Waste Facility Siting effort with Parametrix, Inc. providing consultant services to develop siting criteria, develop and implement publicity and public outreach components, performed a County- wide evaluation to identify candidate sites, and conduct broad and focused site screening to develop a short list of candidate sites. Through this work Parametrix has developed intimate familiarity with the challenges the siting the facility in Deschutes County. 2. Knott Landfill is projected to reach capacity in November, 2029 and time is of the essence in continuing the site screening process to select, acquire land use authorization, DEQ permits and construct facilities within this timeline. 3. Parametrix, the consultant for the Phase I Solid Waste Management Facility Siting Project was initially retained through a rigorous and competitive procurement process which included solicitation of Requests for Qualifications, interviews and presentations, culminating in a final Request for Proposals process. 4. Performing a solicitation for the Phase II project will require several months for the preparation and issuance of a Request for Proposals as well as the screening and selection process. The successful siting of a new facility is already in a tight timeline and continuing with the momentum of the Phase I process is integral to keeping the process on schedule. 5. The time required for an alternate consultant team to come up to speed with the work that has been performed to date will extend the schedule for the completion of Phase II. 6. The Parametrix team has detailed familiarity with the sites selected to date and the unique challenges the project poses. 7. The Parametrix team has interfaced with a number of regulatory and land use authorities during the Phase I project, developing working relationships with these agencies. 8. Parametrix has been an integral part of the siting team, meeting and working with the Solid Waste Department and the Solid Waste Advisory Committee for the past 16 months. Affidavit of Publication STATE OF OREGON, COUNTY OF DESCHUTES I, Julius Black, a citizen of the United State and a resident of the county aforesaid; I am over the age of eighteen years, and not part to or interested in the above -entitled matter. I am the principal clerk of the printer of The Bulletin P.O. BOX 6020, BEND, OR 97708 a daily newspaper of general circulation, published in the aforesaid county and state as defined by ORS 192.010 and ORS 192.020, that Acct Name: DESCHUTES COUNTY SOLID WASTE PO Number: Legal Description: PUBLIC NOTICE NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT DESCHUTES COUNTY INTENDS ENTER INTO AN AGREEMENT FOR CONSULTANT SERVICES WHICH HAS BEEN DETERMINED TO QUALIFY AS A "SOLE SOURCE" PURCHASE a printed copy of which is hereto affixed was published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates to wit: 6/03/23, 6104123, 6/06/23, 6/07/23, 6108/23, 6/09/23, 6/10/23 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Dated at Bend, Oregon, this 10th day of June, 2023 AdName: 382871 State of Oregon, County of Deschutes Subscribed and Sworn to before me this _day of JaML 20tD by G ,V� Notary Public for Oregon ., OFFICIAL STAMP LINfOA LEA F°siQN NOTARY PUBLIC-OREGON ('OMMISSION NO.998634 My COMMISSION EXPIRES APRIL6, 2024 No. in the Court of the STATE OF OREGON forthe COUNTY OF DESCHUTES AFFIDAVIT OF PUBLICATION Filed. By From the office of Attorney for PUBLIC NOTICE Notice of Intent to Award Sole Source Contract Deschutes County intends enter into an agreement for consultant services which has been deter- mined to qualify as a "Sole Source" purchase made in accor- dance with ORS 279B, OAR 137- 047 and DCC 2.37. The purpose of this Notice of Intent to Award is to publically announce the County's intent to award a sole source contract for Phase II of the Landfill Siting Consultant Serv- ices Project. The proposal price is: $799,220. Any Contractor who does not agree that the specified consult- ant services is available only from Parametrix, Inc, the only consult- ants qualified to provide and com- plete the services within the specified timeline and budget - determined to be the sole source - may protest the Notice of Intent to Award by contacting the De- schutes County Board of Com- missioners at 1300 NW Wall Street, Bend, OR 97703, within seven (7) days after the publica- tion date of this Notice. Your protest must be in writing and de- scribe the basis for the protest.