HomeMy WebLinkAboutRes 085 - Exempt from Bidding - Animal SheltersDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 11,2012
Please see directions for completing this document on the next page.
DATE: July 2, 2012
FROM: Laurie Craghead Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and signature of Resolution 2012-085, A Resolution Declaring an Exemption from
Competitive Bidding Requirements for Animal Shelter Services with Humane Society of Central
Oregon and Humane Society of Redmond, respectively.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The three-year contracts contracts with the Humane Society of Central Oregon (tlHSCO") and the
Humane Society of Redmond (tlHSR") to provide animal shelter services for impounded animals and
for strays brought in by the public expired June 30, 2012. The resolution declares an exemption from
the normal public contracting regulations for competitive bidding on the grounds that only these two
shelters are capable of providing the necessary animal shelter services for, primarily, small animals
impounded or brought in by County authorized representatives and the public needing a place to take
found stray animals.
The Interim County Administrator and the Legal Counsel Department initiated the Sole Source. Legal
Counsel drafted proposed findings as to the necessity of the sole source. The findings are based on the
same findings provided for the 2006 sole source process because staff does not believe any facts have
changed since then. Staff provided legal notice of the intent to award the contract and that notice was
published in The Bulletin seven days prior to July 11,2013.
Should the Board of County Commissioners agree with the proposed findings, Resolution 2012-085
adopts those findings and awards the contracts to the respective shelter. The new contracts, however,
have a I-year expiration date rather than a 3-year expiration date as the 2003,2006 and 2009 contacts
had. This was done because ofHSR expressing a desire to possibly negotiate new terms in the next few
months. Because the County desired in the past that both contracts be the same, the l-yr expiration was
to assure that a contract was to allow time to engage in the negotiations but not bind the parties to a
lengthy contract. The contracts are also back-dated to July 1,2012 to assure no gap in payment of
services rendered by the shelters.
FISCAL IMPLICATIONS:
At this time, all dollar amounts in the contracts remain the same as the 2009 contract.
RECOMMENDATION & ACTION REQUESTED:
Motion: Move approval of Resolution 2012-085.
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Laurie Craghead, Originals of Contracts to be sent to the shelters by Board Clerk. Then, the
contracts will be returned to the Board for signature.
/II
REVIEWED
.LI(
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring an Exemption from *
Competitive Bidding Requirements for Animal * RESOLUTION NO. 2012-085
Shelter Services *
WHEREAS, the Deschutes County Code, Section 2.36.010, designates the Board of County
Commissioners to act as the local contract review board; and
WHEREAS, ORS 279B.075 and the Deschutes County Code 2.37.040(C) 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, the staff findings are attached as Exhibit A; and
WHEREAS, County staff has published notice of public hearing and has received no comments on this
proposed exemption; 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 incorporated by
reference herein, the Board hereby finds that the animal shelter services required by the County are available
from only one source.
Section 2. Based upon the above findings, a specific exemption to the selection process outlined in the
Deschutes County Code is hereby granted to the local humane societies and the County may enter into the
contracts attached as Exhibits Band C, incorporated by reference herein.
Page I of2 -RESOLUTION 2012-085
Section 3. This Resolution shall become effective immediately upon its adoption.
DATED this __day of ______, 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST: ALAN UNGER, Commissioner
Recording Secretary TAMMY BANEY, Commissioner
Page 2 0[2 -RESOLUTION 2012-085
The Board of County Commissioners ("Board"), sitting as the local contract review
board, finds as follows:
Authority to exempt contract from competitive bidding. ORS 279B.075 and
Deschutes County Code ("DCC") 2.37.040(C) 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 detennines in writing that the goods or services, or
class of goods or services, are available from only one source. Those statutory and DCC
provisions establish the basis for written findings to support the sole source contract.
Identification of Need
Deschutes County has a need to confine animals within a facility that can provide shelter,
food, care, disposition, quarantine, and/or euthanasia services. Animals may be placed in
the facility by either law enforcement officials or by members of the general public for a
variety of reasons, such as to comply with judicial or administrative orders or because the
animal is lost or injured. The County must have full access to the facility on a 24-hour
per day and 7 -day per week basis to accommodate law enforcement personnel and
emergency situations.
Sole Source Contractor
Deschutes County has been contracting with the local humane societies to provide animal
impoundment and maintenance services. The humane societies currently operate the only
facilities that are willing to allow 24-hour access for law enforcement personnel. In
addition, they provide community education and other valuable services related to the
care and treatment of animals, such as spay and neutering programs. The humane
societies are willing to work with owners and the general public to place and adopt pets
and to manage sick and injured animals when necessary.
In 2006, County staff made contact with local animal kennel and clinic providers. See
Exhibit A to Resolution 2006-044. None of the providers offered the range of services
desired by County. The Board finds that it is highly unlikely that anything would have
changed since that time. Additionally, it is obviously merely from viewing the size of
each of the veterinary clinics that it would be impossible for anyone the clinics to be able
to shelter all the animals surrendered by owners, picked up as strays by the public and
impounded by County authorized representatives. The shelters of the Humane Society of
Central Oregon and the Humane Society of Redmond are the only shelters with such
capacity. Therefore, humane societies are the only local contractors qualified and willing
to provide all of the required services at a fair and reasonable price.
Page 1 of2 -EXHIBIT A TO RESOLUTION 2012-085
Unique RelationshiplExperience
In addition to the above infonnation, over time, Deschutes County has established a
unique relationship with the local humane societies that has helped them attain a level of
experience and expertise particularly suited for the work required. In addition, the
contractors are already providing the necessary services to the satisfaction of the County.
Due to the experience and expertise acquired and demonstrated by the contractors during
the course of this relationship with the County, it is reasonable to expect that these
contractors would be chosen to perfonn this work if standard selection procedures were
applied.
Conclusion
The proposed project is exempt from the competitive bidding requirements of ORS
279B.075 and DCC 2.37.040(C).
Page 2 of2 -EXHIBIT A TO RESOLUTION 2012-085