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HomeMy WebLinkAbout012 18`. STATE OF WASHINGTON County of Jefferson In the Matter of Varium Media Media Sole) Source Contract Attachment "A" to this RESOLUTION NO. Resolution Findings 12-18 1. RCW 39.04.280 provides requirements for competitive bidding for counties. Per RC_ 'W 39.09 4.280(�1)(a), Jefferson County may waive competitive bidding requirements for purchases that are clearly and legitimately limited to a single source of supply; and, 2. Aaron Edwards of Varium Media has worked closely with Linda Atkins in Environmental Health since 2012 facilitating an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database; and, 3. The Tidemark Database was written by a staff person at Clallam County as a pilot project who has retired; and, 4. Mr. Edwards coordinated work with the staff at Clallam County who developed the program; and, 5. Over the last five years, Aaron has successfully worked through many issues that were not anticipated in the initial project to launch the program; and, 6. Mr. Edwards is the only person with the professional, technical expertise and the knowledge of the web -based training program, the Public Health website and the Tidemark database system, so that he is the only practical source to provide ongoing technical support service; and, 7. The memorandum in ATTACHMENT "A" further describes facts sufficient to allow for waiver of the competitive bidding requirements in RCW 39.04.280. Conclusion 8. The County Commissioners of Jefferson County resolve that based on the above findings, the sole source contract in ATTACHMENT `B" to this Resolution is approved, as a sole source contract and the competitive bidding requirements of RCW 39.04 280 are waived pursuant to RCW 29.04.28). APPROVED and ADOPTED this a?6-6_ day of ?, 2018. JEFFERSON COUNTY BOARD OF COMMISSIONERS /.? _ ATTEST: � Carolyn k(Ckw y Deputy Clerk of the Board APPROVE S TO FORM: 4 Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney David Suilivan,(Chair Kathleen Kler, Member -, a r, Kate ean, tuber 2 ATTACHMENT A to Resolution No. 12-18 Varium Media, LLC. Aaron Edwards of Varium Media, LLC has worked closely with Linda Atkins in Environmental Health since 2012 facilitating an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database. He has the professional, technical expertise and the knowledge of both the web -based training program, the Public Health website and the Tidemark database system and is clearly and justifiably the only practical source to provide ongoing technical support service for the following reasons: • Varium Media specializes in interactive media, web development and data services all of which greatly benefit this project. • Varium Media has been a perfect fit for this project with its limited focus and the hours we can afford. • Aaron Edwards has over 15 years of experience with database development and website interface. He is highly skilled in SQL database programing. • Since 2012, Aaron has worked directly with staff at Jefferson County in website development and web support. He has effectively coordinated the updates and links required for transition to the new CivicPlus county website. • Specifically on this project, Aaron has enabled us to leverage a web -based training program developed as a pilot project by Clallam County and adapt it to Jefferson County needs and requirements. He has coordinated work with the staff at Clallam County who developed the program. The original expectation was that the project would take less than one year to implement but the changes and adaptations required because of the Jefferson County IT system and code differences caused the project to extend to four years. • Aaron responsiveness throughout the process to reach a successful conclusion and launch of the training and authorization program utilizing funding through grants has been exemplary. • During the public launch of the program, Aaron was available at a moment's notice and his expertise and knowledge of the program enabled him to respond quickly and effectively to keep owners moving forward to get the training to inspect their septic system. • Over the last 5 years Aaron has successfully worked through many issues that were not anticipated in the initial project to launch the program. • The Clallam County staff person that wrote the program has since retired and Aaron has resolved many issues as they are identified without assistance. This has resulted in Aaron learning and becoming very familiar with our systems and their interaction with each other. • Aaron works directly on the web -based training program and provides training to staff. He coordinates his efforts with our database administration support, Tom Shindler. • Based on both his expertise with the web -based program, the Tidemark database, and his familiarity with our processes he assists us in improving the programs and efficiency and identifies weaknesses and troubleshoots problems. • Aaron has facilitated work through web -based meetings for process improvements and troubleshooting that greatly enhances and improves efficiency. The grant funds used for the initial implementation of the homeowner training program are now depleted. We recognize the need to retain qualified professional assistance to continue to improve and strengthen the program. Given the above items, Varium Media's demonstrated knowledge and familiarity with our existing systems, continuing our relationship with Varium Media and Aaron Edwards is the most appropriate solution to effectively support the program. F. ATTACHMENT B to Resolution No. 12-18 Professional Services Agreement for Varium Media, LLC PROFESSIONAL SERVICES AGREEMENT FOR Varium Media, LLC THIS AGREEMENT ("the Contract") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Varium Media, LLC ("the Contractor)," in consideration of the mutual benefits, terms, and conditions specified below. Project Designation.L The County retains the Contractor to upgrade and maintain the Homeowner Septic Education and Inspection Authorization website. 2. Scope of Services. The Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under the Contract shall commence upon the giving of written notice by the County to the Contractor to proceed. The Contractor receipt of a Purchase Order shall constitute said notice. The Contractor shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A" 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this agreement as follows: Payment for the work provided by The Contractor shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to The Contractor shall not exceed $10,000 per year without express written modification of the agreement signed by the County. b. The Contractor may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Contractor in the amount approved. C. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. Ownership and Use of Documents. All documents, drawings, specifications and other materials Varium Professional Services Agreement Page 1 of 7 produced by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with The Contractor's endeavors. 6. Compliance with laws. The Contractor shall, in performing the services contemplated by the Contract, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under the Contract. 7. Indemnification. The Contractor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to The Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 8. Insurance. a. The Contractor will maintain commercial general liability for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. b. The Contractor will maintain automobile liability insurance with a limit of not less than $250,000 each accident combined bodily injury and property damage. The aggregate limit will be at least $500,000. Coverage will include owned, hired and non -owned automobiles. c. The general liability and automobile liability insurance policies shall name the County as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of the Contract. d. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. Varium Professional Services Agreement Page 2 of 7 e. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Contractor is located. f. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide to comply with the Contract. g. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. h. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. 9. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to the Contract. Nothing in the Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded employees of the County by virtue of the services provided under the Contract. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to The Contractor, or any employee of The Contractor. 10. Covenant Against Contingent Fees, The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure the Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, the County shall have the right to annul the Contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Contractor, with regard to the work performed by it under the Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Contractor shall not sublet or assign any of the services covered by the Varium Professional Services Agreement Page 3 of 7 Contract without the express written consent of the County. 13. Non -Waiver. Waiver by the County of any provision of the Contract or any time limitation provided for in the Contract shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate the Contract at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of the Contract, if requested to do so by the County. This section shall not be a bar to renegotiations of the Contract between surviving members of the Contractor and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Notices to The Contractor shall be sent to the following address: Varium Media, LLC 1418 Willard Ave W. Seattle, WA 98119 16. Integrated Agreement. The Contract together with attachments or addenda, represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. The Contract may be amended only by written instrument signed by both The County and the Contractor. 17. Confidentiality. a. The County, its departments, employees, agents and the Contractors agree that they shall be bound by and shall abide by all present or hereinafter adopted policies, practices or procedures relating to confidentiality of clients records or information, as well as all other Federal and State statutes or regulations pertaining to the confidentiality of records and information. b. This Contract, once executed, becomes a "public record" subject to production to a requester in accordance with Ch. 42.56. RCW. DATED this Varium Professional Services Agreement Page 4 of 7 day of , 20 (SIGNATURES FOLLOW ON NEXT PAGE) SIGNATURE PAGE Varium Media, LLC t u n Uws'r-I j Authorized Representative (Please print) w (Signature) Title 151-201 Date Varium Professional Services Agreement Page 5 of 7 JEFFERSON COUNTY Kathleen Kler, Member ATTEST: Carolyn gallclway, Deputy derk of the Board Approved as to form only: Philip C. flunsucker to Chief Civil Deputy Prosecuting Attorney Q2k 3 1"l ley Stuart Whitford VDate Jefferson County Public Health, Environmental Health Director Exhibit A STATEMENT OF WORK This statement establishes the scope of services for the Contractor. 1. Provide support for the web -based homeowner septic system inspection training program. This includes amending and updating the website, the associated SQL database, coordination with the Tidemark database administration staff and improving administrative support tools for the website. 2. Coordinate with Jefferson County Information Services department. 3. Develop reports from the SQL database to facilitate program analysis and evaluation, time tracking, etc. 4. Coordinate with designated staff to evaluate the needs and goals for the use of the web site and the associated SQL database. Varium Professional Services Agreement Page 6 of 7 Exhibit B PAYMENT AND RECORD KEEPING Payment for the work provided by the Contractor shall be invoiced at the rate of $65/hour. Ongoing support will be provided at the hourly rate not to exceed $850 per month without a written agreement signed by both parties. In the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of the Contract, the Contract may be renegotiated or terminated as provided herein. The Contractor will provide an invoice to the County for payment for services rendered no less than quarterly and no more than monthly. Invoices shall contain the hours worked and will briefly describe the work performed in furtherance of the Statement of Work made Exhibit A to the Contract. The invoice represents a report and shall be submitted to Jefferson County Public Health in care of the Financial Manager, 615 Sheridan Street, Port Townsend, WA 98368. Varium Professional Services Agreement Page 7 of 7 January 31, 2018 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Supplemental information for sole source contract with Varium Media, LLC. Aaron Edwards of Varium Media, LLC has worked closely with Linda Atkins in Environmental Health since 2012 facilitating an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database. He has the professional, technical expertise and the knowledge of both the web - based training program, the Public Health website and the Tidemark database system and is clearly and justifiably the only practical source to provide ongoing technical support service for the following reasons: • Varium Media specializes in interactive media, web development and data services all of which greatly benefit this project. • Varium Media has been a perfect fit for this project with its limited focus and the hours we can afford. • Aaron Edwards has over 15 years of experience with database development and website interface. He is highly skilled in SQL database programing. • Since 2012, Aaron has worked directly with staff at Jefferson County in website development and web support. He has effectively coordinated the updates and links required for transition to the new CivicPlus county website. • Specifically on this project, Aaron has enabled us to leverage a web -based training program developed as a pilot project by Clallam County and adapt it to Jefferson County needs and requirements. He has coordinated work with the staff at Clallam County who developed the program. The original expectation was that the project would take less than one year to implement but the changes and adaptations required because of the Jefferson County IT system and code differences caused the project to extend to four years. • Aaron responsiveness throughout the process to reach a successful conclusion and launch of the training and authorization program utilizing funding through grants has been exemplary. • During the public launch of the program, Aaron was available at a moment's notice and his expertise and knowledge of the program enabled him to respond quickly and effectively to keep owners moving forward to get the training to inspect their septic system. • Over the last 5 years Aaron has successfully worked through many issues that were not anticipated in the initial project to launch the program. • The Clallam County staff person that wrote the program has since retired and Aaron has resolved many issues as they are identified without assistance. This has resulted in Aaron learning and becoming very familiar with our systems and their interaction with each other. • Aaron works directly on the web -based training program and provides training to staff. He coordinates his efforts with our database administration support, Tom Shindler. • Based on both his expertise with the web -based program, the Tidemark database, and his familiarity with our processes he assists us in improving the programs and efficiency and identifies weaknesses and troubleshoots problems. • Aaron has facilitated work through web -based meetings for process improvements and troubleshooting that greatly enhances and improves efficiency. The grant funds used for the initial implementation of the homeowner training program are now depleted. We recognize the need to retain qualified professional assistance to continue to improve and strengthen the program. Given the above items, Varium Media's demonstrated knowledge and familiarity with our existing systems, continuing our relationship with Varium Media and Aaron Edwards is the most appropriate solution to effectively support the program. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Qualify 360-385-9444 (f) 360-379-4487 615 Sheridan Street /� Port Townsend, WA 98368 Aff' son www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt February 2, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Director of Environmental Health DATE: (`�(Q 20I RE:�- -�Resolution for Varium Media Sole Source Contract STATEMENT OF ISSUE: The Board of County Commissioners (`BoCC") will consider adoption of a resolution to approve a sole source contract with Varium Media pursuant to RCW 39.04.280(1)(a). ANALYSIS: Jefferson County Environmental Health uses an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database. Aaron Edwards of Varium Media has worked closely with Linda Atkins in Environmental Health since 2012 facilitating an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database. A staff person at Clallam County wrote the Tidemark Database as a pilot project, but has retired. Mr. Edwards coordinated work with the staff at Clallam County who developed the program. Over the last five years, Aaron has successfully worked through many issues that were not anticipated in the initial project to launch the program. Mr. Edwards is the only person with the professional, technical expertise and the knowledge of the web -based training program, the Public Health website and the Tidemark database system, so that he is the only practical source to provide ongoing technical support service. RCW 39.04.280(1)(a) authorizes a waiver of the competitive bidding requirements in RCW 39.04.280 by resolution of the BoCC. The memorandum in ATTACHMENT "A" further describes facts sufficient to allow for waiver of the competitive bidding requirements in RCW 39.04.280. The resolution in ATTACHEMENT "B" fulfills the requirements of RCW 39.04.280(1)(a). Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 AMon 51 Public Heealt FISCAL IMPACT: 615 Sheridan Street Port Townsend, WA 98368 www. Jeff ersonCountyPublicHealth.org Adoption of the proposed resolution will reduce the cost to retain a qualified professional assistance to continue to improve and strengthen the program. The funds to pay for this work were included in the 2018 budget and come from the fee adopted by the Board of Health on November 3, 2016 to support the Septic Operations and Monitoring Program activities that include Jefferson County Staff assistance to homeowners to learn about monitoring and maintaining their septic system and how to inspect and report the results as required by JC Code 8.15 and WAC246-272A. RECOMMENDATION: Either adopt the resolution as presented, or direct staff to prepare further amendments to the resolution for future BoCC adoption` REVIEWED BY: 2,A Morley, oun y'7�d-mmistrator Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Date 2 Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 www..ieffersonCountyPublicHealth.org Public Hea January 31, 2018 Supplemental information for sole source contract with Varium Media, LLC. Aaron Edwards of Varium Media, LLC has worked closely with Linda Atkins in Environmental Health since 2012 facilitating an interface on the Jefferson County Public Health website for the Homeowner Inspection web -based training program as well as integration with the Tidemark Database. He has the professional, technical expertise and the knowledge of both the web - based training program, the Public Health website and the Tidemark database system and is clearly and justifiably the only practical source to provide ongoing technical support service for the following reasons: • Varium Media specializes in interactive media, web development and data services all of which greatly benefit this project. • Varium Media has been a perfect fit for this project with its limited focus and the hours we can afford. • Aaron Edwards has over 15 years of experience with database development and website interface. He is highly skilled in SQL database programing. • Since 2012, Aaron has worked directly with staff at Jefferson County in website development and web support. He has effectively coordinated the updates and links required for transition to the new CivicPlus county website. • Specifically on this project, Aaron has enabled us to leverage a web -based training program developed as a pilot project by Clallam County and adapt it to Jefferson County needs and requirements. He has coordinated work with the staff at Clallam County who developed the program. The original expectation was that the project would take less than one year to implement but the changes and adaptations required because of the Jefferson County IT system and code differences caused the project to extend to four years. • Aaron responsiveness throughout the process to reach a successful conclusion and launch of the training and authorization program utilizing funding through grants has been exemplary. • During the public launch of the program, Aaron was available at a moment's notice and his expertise and knowledge of the program enabled him to respond quickly and effectively to keep owners moving forward to get the training to inspect their septic system. • Over the last 5 years Aaron has successfully worked through many issues that were not anticipated in the initial project to launch the program. • The Clallam County staff person that wrote the program has since retired and Aaron has resolved many issues as they are identified without assistance. This has resulted in Aaron learning and becoming very familiar with our systems and their interaction with each other. • Aaron works directly on the web -based training program and provides training to staff. He coordinates his efforts with our database administration support, Tom Shindler. • Based on both his expertise with the web -based program, the Tidemark database, and his familiarity with our processes he assists us in improving the programs and efficiency and identifies weaknesses and troubleshoots problems. • Aaron has facilitated work through web -based meetings for process improvements and troubleshooting that greatly enhances and improves efficiency. The grant funds used for the initial implementation of the homeowner training program are now depleted. We recognize the need to retain qualified professional assistance to continue to improve and strengthen the program. Given the above items, Varium Media's demonstrated knowledge and familiarity with our existing systems, continuing our relationship with Varium Media and Aaron Edwards is the most appropriate solution to effectively support the program. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487