Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  25-000013

 

MEETING DATE:

03/11/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

5

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

John McCulloch (714) 647-1807 

 

 

Gary Lewellyn (949) 673-1025

 

 

Subject:  Approve Amendment Number One to Gravois Aluminum Boats DBA Metal Shark Contract

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $23,074

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   Yes

    Current Fiscal Year Revenue: N/A

   Funding Source:     Fund 13R (SCRAM): 100%

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         5/23/2023 #10, 3/28/2023 #13, 6/28/2022 #8

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or Deputized designee to execute Amendment Number One to the sole source purchase with Gravois Aluminum Boats dba Metal Shark to revise Attachment A, Scope of Work to revise Delivery and Sea Trials section, Attachment B, Compensation and Pricing Provision, to add Attachment D, Change Order 35DOCF2301 CO001, General Terms and Conditions, Additional Terms and Conditions, and to increase the contract amount by $23,074, for a new cumulative not to exceed amount of $1,494,300.

 

 

 

 

SUMMARY:

 

Approval of Amendment Number One to the sole source purchase of one 35-foot aluminum fireboat with Gravois Aluminum Boats dba Metal Shark will allow the Sheriff-Coroner Department to make design changes  to the deck layout and equipment location in order to keep continuity with the current fireboats, provide the best possible platform for Sheriff-Coroner operations, and keep staff/public safe. 

 

 

 

 

 

BACKGROUND INFORMATION:

 

The Orange County Sheriff's Department Harbor Patrol Bureau (Sheriff) is responsible for 24/7 maritime law enforcement, firefighting, and emergency response, serving as emergency first responders for everything in Orange County Harbors and coastline. Most of the Sheriff's 16 patrol boats and fireboats have exceeded their service life and are above the industry standard for years in service. Historically, the Sheriff purchased boats from multiple vendors.

 

The Sheriff put out an Invitation for Bid in 2020, and Gravois Aluminum Boats dba Metal Shark (Metal Shark) was the awarded bidder. The Sheriff purchased a patrol boat with that bid and due to the success of its implementation, another vessel was procured in 2022 as a Board-approved sole source contract. In 2023, the Sheriff purchased a third and fourth Metal Shark Patrol boat for the fleet. A sole source was issued and a fireboat was purchased administratively in 2023. The Sheriff intends to replace its entire fireboat fleet with Metal Shark boats to fulfill the desired standardization of the fleet.

 

The Sheriff has studied boat manufacturers for many years. The Sheriff searched for builders who constructed commercial-grade, mission-specific law enforcement vessels and found few builders who could deliver the long list of specific requirements. Of the small list of vessel builders who met the criteria, Metal Shark boats stood at the top of the list because of their high-grade materials used to construct the boats, the fit and finish of the welded parts, the design and delivery times, and the vessel's performance. Metal Shark boats provide all of the desired features and uniformity for a new fleet.

 

Sheriff's Deputies assigned to the Harbor Patrol Bureau often operate in highly stressful emergencies. Deputies must be sure how a vessel will work in these emergencies. It is helpful when control panels, switches, drive sticks, and steering wheels are consistent from boat to boat, so the boat operator can make the control inputs safely and securely while enforcing laws and conducting rescues in rough seas and stressful situations. Metal Shark furnishes every boat with the same equipment, in the similar locations on the boat. The uniformity of the boats re-enforces muscle memory of Deputies, who can operate faster and more efficiently during stressful situations. Using the same materials for each Metal Shark vessel also allows for easier maintenance and less money spent on parts over the vessel's lifetime.

 

As each new Metal Shark boat is delivered, a current Harbor Patrol boat will be retired. The Sheriff has implemented a strategic vessel replacement plan to replace the fleet over the next 15 years. Metal Shark is one of the few boat manufacturers with a history long enough to indicate that they will continue making boats for years to come. In addition, having purchased vessels from Metal Shark previously, the Sheriff now qualifies for multi-boat purchase discounts.

 

The table below shows the recent history with Metal Shark:

 

Board of Supervisors (Board) Approved

 

Amendment

 Number or

Contract

 

 

 

Contract Term

 

 

Contract

Amount

 

 

 

Comments

6/28/22

Contract

one-time purchase

$299,655

Sole source one-time purchase order PO-060-22011236. Purchase of one patrol boat.

 

3/28/23

Contract

one-time purchase

$691,826

Sole source one-time purchase order PO-060-23010718.

Purchase of two patrol boats.

 

5/23/23

Contract

one-time purchase

$1,471,227

Sole source one-time purchase order PO-060-23010911.

Purchase of one 35-foot fireboat.

 

 

Sheriff now requests Board approval Amendment Number One of the Metal Shark sole source purchase contract to revise Attachment A, Scope of Work, section Delivery and Sea Trials to extend delivery date to June 30, 2025, to revise Attachment B, Compensation and Pricing Provisions, Section 2. Fees and Charges to increase the contract not to exceed amount by $23,074, for a new cumulative not to exceed amount of $1,494,300, to add Attachment D, Change Order Number 35DOCF2301 CO001 to make design changes of equipment location, to add General Terms and Conditions, Paragraph T. Compliance with Laws, to add Additional Terms and Conditions, Paragraph 7. Conflict of Interest - Contractors Personnel, Paragraph 8. Conflict of Interest - County Personnel, and Paragraph 20. Sub-Contracting as noted in the Recommended Action. 

 

This contract does not include subcontractors or pass through to other providers. Please see attachment B for the Contract Summary. Through the normal County vetting process, the contract for one aluminum fireboat has been deemed a sole source due to its unique proprietary nature. Sheriff has verified that there are no concerns that must be addressed with respect to contractor's ownership/name, litigation status or conflicts with County interests. The Orange County Preference policy is not applicable to this sole source contract amendment. Additionally, Metal Shark is not an Orange County Local Small Business. Sheriff has conducted a due diligence check required by the revised 2024 Contract Policy Manual.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the Sheriff-Coroner’s FY 2024-25 budget for Fund 13R (SCRAM). The contract contains language allowing the Sheriff-Coroner Department to terminate the contract without penalty with cause or after 30 days of written notice without cause in the event that funding is reduced and/or not available to continue funding the contract.

 

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - Amendment Number One to Contract Number PO-060-23010911
Attachment B - Contract Summary