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HomeMy WebLinkAboutRes 017 - Sheriff Communications SystemDeschutes 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 February 13, 2008 DATE: February 1, 2008 FROM: Sue Brewster, Asst. County Counsel Sheriffs Office 385-1714 TITLE OF AGENDA ITEM: Resolution 2008-017 Declaring Findings in Support of sole source procurement for Phase IV of the 800 MHz Sheriffs radio Communication system. Note: Resolution includes Exhibit B, the Communications System Agreement with Motorola, Inc. to purchase equipment and related support and software. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The findings support sole source procurement for the radio communication system to add a seventh radio site to the Sheriffs radio communication system to be located at the Pine Martin Lodge on Mt. Bachelor. Addition of this radio system will provide improved communications for law enforcement, search and rescue operations, and ODOT. FISCAL IMPLICATIONS: The cost of the agreement is $ 779, 761.00 to be paid from Sheriffs Office fund# 255 in the 07/08 and 08/09 budget years. Mt. Bachelor is providing space at Pine Martin Lodge for the placement of this equipment at no charge to the County. RECOMMENDATION & ACTION REQUESTED: Adoption of sole source procurement findings for Phase IV of the 800MHz Sheriffs radio communications system as required under ORS 279B.075 and signatures on Exhibit B of the resolution for Phase IV of the 800MHz Sheriffs radio communication system agreement with Motorola to extend coverage near Mt. Bachelor. ATTENDANCE: Sheriff Blanton, Sue Brewster, Jon Sholes DISTRIBUTION OF DOCUMENTS: Please return a copy of the findings in support of sole source procurement and a fully executed original of the agreement to Sue Brewster at the Sheriffs Office. The Sheriffs Office will return the signed original agreement to Motorola. DESCHUTES COUNTY DOCUMENT SUMMARY Date: 2-1-08 Department: Sheriffs Office Contact Person: Sue Brewster Phone #: 385-1714 Contractor/Supplier/Consultant Name: Motorola, Inc. Goods and/or Services: The goods and services to be acquired are: Motorola radio repeaters, microwave channel banks, remote site controllers, 10 -channel transmit combiner and receiver multicoupler, antennas, rubidium frequency standard and GPS receivers, firmware and power supplies, including software, installation and optimization of the network. Background & History: This sole source purchase is for the Sheriffs 800 MHz radio communication system to add an additional radio site at Mount Bachelor. Addition of this system will provide much needed communications coverage for law enforcement, search and rescue and ODOT. The Deschutes County Sheriffs Office currently owns and operates a Motorola Smartnet Simulcasted radio system that operates from six separate sites throughout the county. This radio system provides radio coverage for law enforcement and emergency communications within the county. The proposed Mt. Bachelor site will be the seventh Motorola Smartnet Simulcasted radio system site in the county. Agreement Starting Date: upon signatures Ending Date: upon completion Annual Value or Total Payment: $779,761 x Insurance Certificate Received (check box) Insurance Expiration Date: 7-1-08 Check all that apply: RFP, Solicitation or Bid Process Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process —sole source procurement, County Resolution 2008-017 Funding Source: Included in current budget and in 08/09 budget ® Yes Departmental Contact: Sue Brewster Phone #: Title: Legal Counsel for DCSO Department Director Approval: II 385-1714 No cl—j6 Date Distribution of Document: Include complete information if document is to be mailed. Official Review: County Signature Required (check one): X BOCC Legal Review Date Contract Number 2008-056 c)/ 7 2/4/2008 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring an Sole Source Procurement for Phase IV of the 800 MHz Sheriff's Office Radio Communication System RESOLUTION NO. 2008-017 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 2.36.020; and WHEREAS, Deschutes County code 2.36.030 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 Phase IV of the 800 MHz Sheriff's Office radio communications system is available from only Motorola, Inc.; and WHEREAS, pursuant to OAR 137-047-0275, public notice of intent to award sole source contract \A as published in the Bulletin on February 3, 2008 and no protests have been received; and WHEREAS, because only one source is available to provide the necessary software, equipment and services, the Board of County Commissioners ("Board") intends to award the contract attached as Exhibits B to Motorola, Inc.; 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. The Board adopts the findings in Exhibit A, attached and incorporated by reference. /// PAGE 1 OF 2 — RESOLUTION NO. 2008-017 Section 2. On February 13, 2008, at 10:00 am, or shortly thereafter, depending on the public meeting agenda, the Board shall award and execute the contract with Motorola, Inc., attached as Exhibit B and incorporated by reference. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair Recording Secretary MICHAEL M. DALY, Commissioner PAGE 2 of 2 - RESOLUTION NO. 2008-017 EXHIBIT A to Resolution 2008-017 DESCHUTES COUNTY BOARD OF COMMISSIONERS Bend, Oregon DATE: February 13, 2008 TO: The Commissioners FROM: Larry Blanton, Sheriff SUBJECT: Findings in Support of a sole -source procurement for Phase IV of 800MHz Smartnet Simlucast radio communication system to add an additional radio site to the Sheriffs radio communication system on Mt. Bachelor. 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 Phase IV of the Sheriff's radio communication system, consisting of purchasing equipment, software and installation, from Motorola, Inc. The project consists of installing an additional radio site in the Pine Martin Lodge on Mt. Bachelor to provide radio coverage to the North and West of Mt. Bachelor. 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.. 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. Deschutes County Findings in Support of Sole -Source Exemption from Competitive Bidding 1-08 Legal/C&A/Contract Exemptions/phase IV Motorola 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 Phase IV of the Sheriff's 800 MHz radio communication system was published in The Bulletin on February 3, 2008 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 Simulcasted radio system that operates from six separate sites throughout the county. This radio system provides radio coverage for law enforcement and emergency communications within the county. The proposed Mt. Bachelor site will be the seventh Motorola Smartnet Simulcasted radio system site in the county. The infrastructure equipment and subscriber units are proprietary to Motorola. The site system equipment includes Motorola radio repeaters, microwave channel banks, remote site 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 11 years. To continue to have an operational system the county will need to continue to purchase Motorola equipment and support services until such time as system equipment is no longer available and no support exists. The estimated time for the system replacement is 2018. Deschutes County Findings in Support of Sole -Source Exemption from Competitive Bidding 1-08 Legal/C&A/Contract Exemptions/phase IV Motorola Exhibit A-1 to Resolution 2008-017 NOTICE OF INTENT TO AWARD SOLE SOURCE CONTRACT For Phase IV of the Deschutes County Sheriffs 800 MHz Radio 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: Motorola radio repeaters, microwave channel banks, remote site controllers, 10 -channel transmit combiner and receiver multicoupler, antennas, rubidium frequency standard and GPS receivers, firmware and power supplies, including software, installation and optimization of the network. 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 first 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 Tuesday, February 11, 2008. 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. Publication date: February 3, 2008 Leg a l/C&A/S h e riff/M oto ro l a MOTOROLA MEMORANDUM OF INSURANCE PRODUCER AON RISK SERVICES, INC. OF ILLINOIS AON CENTER THIS MEMORANDUM IS A MATTER OF INFORMATION ONLY. PHIS MEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE COVERAGES AFFORDED BY THE POLICIES BELOW. 200 EAST RANDOLPH STREET COMPANIES AFFORDING COVERAGE CHICAGO, ILLINOIS 60601 D/B/A Aon Risk Insurance Services of Illinois. CA License #0095623 COMPANY A LIBERTY MUTUAL FIRE INSURANCE COMPANY INSURED MOTOROLA INC. AND ITS SUBSIDARIES COMPANY B LIBERTY INSURANCE CORPORATION 1303 EAST ALGONGUIN ROAD COMPANY C SCHAUMBURG, IL 60196 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI 2ATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE M {Y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIOI S OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/TY) POLICY EXPIRATION DATE (MM/DD/YY/) LIMITS A GENERAL LIABILITY -Commercial General TB2-641-005169-077 7/01/2007 7/01/2008 GENERAL AGGREGATE $5,000,000 Liability -Occurrence PRODUCTS - COMP/OP AGG Included PERSONAL & ADV INJURY 55,000,000 EACH OCCURENCE $5,000,000 FIRE DAMAGE (any one fire) $250,000 MED EXP (any one person) $10,000 A AUTOMOBILE LIABILITY AS2-641-005169-017 (Domestic Auto- COMBINED SINGLE LIMIT $5,000,000 -Any Auto All Sates) 7/01/2007 7/01/2008 BODILY INJURY (per accident) BODILY INJURY (per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY (each accident) OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURENCE B WORICERS AGGREGATE B COMP & EMPLOYER'S LIABILITY WA7-64D-005169-087 (Deductible) WC7-641-005169-097 (Retro) 7/01/2007 7/01/2008 }{ WC States tory limits EL EACH ACCIDENT $1,000,000 EPPOLICY LIMIT $1,000,000 OTHER EL DISEASE — EA EMPLOYEE $1 000,000 FOR INFORMATIONAL - PURPOSES ONLY