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File #: 23-1087    Version: 1 Name:
Type: Approval Status: Consent Agenda
File created: 10/31/2023 In control: Information Services
On agenda: 12/19/2023 Final action:
Title: Approval of Agreement with Nokia of America Corporation in the Amount of $2,148,697.58 for Microwave and IP/MPLS Deployment Services, Effective Upon Full Execution through December 31, 2024, and Finding That Competitive Bidding for the Project Would Be Undesirable, Impractical and Not Produce an Advantage to the County
Attachments: 1. Agreement 23-209, 2. Staff Memo
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromInformation Technology

Meeting DateDecember 19, 2023

 

Department Contact:  

Tony Rakes

Phone: 

707-234-6348

Department Contact:

Greg Glavich

Phone:

707-234-6348

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Approval of Agreement with Nokia of America Corporation in the Amount of $2,148,697.58 for Microwave and IP/MPLS Deployment Services, Effective Upon Full Execution through December 31, 2024, and Finding That Competitive Bidding for the Project Would Be Undesirable, Impractical and Not Produce an Advantage to the County

End

 

Recommended Action/Motion:

recommendation

Approve Agreement with Nokia of America Corporation in the amount of $2,148,697.58 for microwave and IP/MPLS deployment services, effective upon full execution through December 31, 2024, and finding that competitive bidding for the project would be undesirable, impractical and not produce an advantage to the County; authorize the Chief Executive Officer or designee to execute any and all documents in relation to the transaction; authorize the Chief Executive Officer or designee to sign any future amendments up to 5% of the original agreement amount; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

In November 2018 the Board of Supervisors approved the Information Technology (IT) Master Plan. On October 22, 2019, the Board accepted a presentation regarding an assessment and needs of the County’s public safety microwave radio communications network.

 

At the First Quarter Budget meeting in November 2021, the Board Approved PG&E settlement funding for microwave site hardening.

 

At the June 22, 2021, meeting the Board adopted Resolution 21-086 approving an allocation of $5,404,000 in funding and the execution of a grant agreement and any amendments thereto from CDBG_MIT program and fund county emergency communication projects.

 

Summary of Request

Initiative 69 of the IT Master Plan adopted in November 2018, included recommendations to replace various components of the County’s public safety microwave radio communications network as it is critical infrastructure that supports our public safety, emergency medical services, and fire protection stakeholders.

 

On October 22, 2019, the Board accepted a presentation from Information Services regarding an assessment and needs of the County’s Public Safety Microwave Radio Communications Network. This presentation included recommendations of phased replacements. Phase I included simulcast system implementation and replaced end of life repeater equipment. Phase II included replacing end of like multiprotocol label switching (MPLS) equipment. Phase III will include replacing end of life radio equipment with microwave and IP/MPLS deployment services.

 

Exhibits C and D - Statement of Work and Contractor Quote documents of the proposed contract have not been published with this agenda item and are being withheld. While agendas and other writings related to an agenda item are disclosable public records under the Public Records Act and pursuant to Government Code section 54957.5, that same section also specifies that it does not apply to a writing, or portion thereof, that is exempt from public disclosure.  Exhibits C and D contain technical details regarding the County’s public safety microwave radio communications network and information about installation. Public Records Act section 7922.000 provides that documents may be withheld if the public interest in not disclosing the record outweighs the public interest served by disclosure of the record. In the case of the technical specifications of the County’s public safety microwave radio communications network, providing additional detail to the public could place the security of this equipment at risk to outside manipulation. Given the importance of the County’s public safety microwave radio communications network, the public interest in keeping this system secure outweighs the interest served by disclosure.

 

Pricing identified in this agreement is based on competitively bid NASPO contract # 00318/7-22-70-49-15 and referenced as Exhibit A of the proposed agreement.

 

Pricing Overview:

                     Hardware/Software = $1,102,381

                     Transmission/Product Engineering = $119,428

                     Installation Services = 617,004

                     Additional Services including PMO = $96,668

                     Maintenance/Training = $4089,253

                     Adjustments = ($298,764)

                     Tax/Freight = 90,722

                     Bond = $12,965

                     Agreement Total = $2,148,697.58

 

Certain work within the contract scope may be considered a public work, such as installation of equipment cabinets. Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631 provides that even when competitive bidding is a statutory requirement, there are certain well recognized exceptions that rule.  One is where the nature of the subject of the contract is such that competitive proposals would be unavailing or would not produce an advantage and competitive bidding would be undesirable, impractical, or impossible. The majority of the services being provided involve installation and setup of specific technical equipment by the manufacturer itself.  It is highly desirable for the manufacturer to oversee and perform all aspects of the installation of the equipment to ensure it is installed properly.  Attempting to segregate any work, separately bid out such work, and coordinate additional contractors would necessarily slow down the implementation of a project necessary to upgrade public safety radio equipment, none of which would produce an advantage for the County.

 

The Executive Office - Information Technology division is requesting the Board of Supervisors approve the agreement with Nokia of America Corporation in the amount of $2,148,697.58, for microwave and IP/MPLS deployment services.

 

Alternative Action/Motion:

Do not approve agreement and provide alternate direction to staff.

 

Does This Item Support the General Plan? N/A

 

Strategic Plan Priority Designation: A Prepared and Resilient County

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: IT Reserve, Project IT050

budgeted in current f/y: Yes

current f/y cost: $2,148,697.58

if no, please describe:

annual recurring cost: N/A

revenue agreement: No

budget clarification: Funding sources include one-time Pacific Gas and Electric (PG&E) disaster settlement funds, Microwave Cost Recovery (MCRM) funds, and Community Block Grant (CDBG) funding. Qualified project costs for CDBG are submitted to HCD for reimbursement on a monthly basis.

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Approved

Date: December 19, 2023

Executed Item Type: Agreement   Number: 23-209