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HomeMy WebLinkAboutRes 023 - Communications Migration PlanDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 23, 2011 DATE: March 15, 2011 FROM: Darryl Nakahira Department: Sheriff's Office Phone#: 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution No. 2011-023, declaring a sole source procurement for the Central Oregon Regional Communication Migration Plan. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This resolution will allow a sole source procurement of a plan to be engineered and designed by Motorola, Inc. The plan will assist the Deschutes County Sheriff's Office in complying with Federal Communication Commission (FCC) requirements for the Sheriffs Office radio communications system. The plan will identify infrastructure and equipment needs for the radio systems operated by the Deschutes, Jefferson and Crook County Sheriff's Offices. The Federal Communications Commission has declared that VHF and LTHF radio systems will migrate to narrowband operation by December 31, 2012. Deschutes County has sole sourced radio communications 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. In order to be cost effective and minimize radio system downtime, the Sheriff s Office needs to maintain the current radio system and utilize as much of the current radio system as possible for the next generation radio system. FISCAL IMPLICATIONS: The Deschutes County Sheriff's Office submitted a grant application to the State Homeland Security Grant Program requesting funds to pay for the design of this plan at a cost of $155,575.00. The request was approved and the grant funds must be expended no later than December 31, 2012. RECOMMENDATION & ACTION REQUESTED: Approve and sign Resolution No. 2011-023. ATTENDANCE: Darryl Nakahira, Sheriff's Office Legal Counsel; Jon Sholes, Sheriff's Office Communications Technician DISTRIBUTION OF DOCUMENTS: Return one signed original to Darryl Nakahira, Sheriffs Office Legal Counsel, for distribution. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COLTNTY, 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. PAGE I of 6- RESOLUTION NO. 2011-023 Dated this of , 2011 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 6- RESOLUTION NO. 2011-023 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 Sheriffs 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 Sheriffs 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 Sheriffs 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 Sheriff's 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 279.6.075 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. PAGE 3 OF 6 - RESOLUTION NO. 2011-023 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 Sheriffs Office currently owns and operates a Motorola Smartnet Simulcast radio system that operates from seven separate sites in Deschutes County. The Deschutes County Sheriffs 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 Sheriffs 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. PAGE 5 OF 6- RESOLUTION NO. 2011-023 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 Sheriffs Office to comply with Federal Communication Commission requirements for the Deschutes County Sheriffs 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. PAGE 6 of 6 - RESOLUTION NO. 2011-023