Loading...
HomeMy WebLinkAbout040918_ca07Jefferson County Board of County Commissioners Consent Agenda Request To: Board of County Commissioners Philip Morley, County Administrator 3 From: Mark McCauley, Central Serv' Director Agenda Date: April 9, 2018 Subject: Interlocal Cooperative Purchasing Agreement with Whatcom County, Washington Statement of Issue: Jefferson County's permit software, Tidemark, has been in use since 1990 and has had several upgrades, the last in 2012. It is getting old, is no longer actively supported by the company that developed it, and does not have a web accessible component/module. Additionally, the county has no internal database administrator and the regional Tidemark expert we contract with to help manage the system will soon retire. Because of these factors Jefferson County has been evaluating permitting systems offered by various software vendors for over two years. Staff from several county departments have been vigilant during this evaluation process since whatever system they choose will be the system they will use for the next ten to fifteen years or longer. They have determined that EnerGov by Tyler Technologies, Inc. is the best fit for Jefferson County. Analysis: The Revised Code of Washington, Chapter 39.34 permits public agencies to enter into interlocal cooperative purchasing agreements so that they can use competitively awarded contracts by other jurisdictions to obtain goods and services. This enhances the efficiency of public agencies by eliminating redundant bidding activities More specifically, Whatcom County has contracted with Tyler Technologies, Inc. -a leader in providing effective public sector software -for EnerGov. Entering into this cooperative purchase agreement will allow Jefferson County to immediately enter into contract negotiations with Tyler Technologies, Inc. for the same software. EnerGov is specifically designed to automate and centrally connect critical processes, including permit management, land use planning and project review, regulatory management, inspections, code enforcement, and citizen requests, among others. It will improve staff productivity and result in much improved service to our citizens. Fiscal Impact: None. This action will not result in the purchase of the software. The action allows staff to negotiate the best price and other terms with the vendor, so we can bring the most favorable terms possible to the BoCC. After these negotiations and assuming staff recommends entering into an actual agreement, staff will put the draft agreement before the BoCC for consideration. Recommendation: Central Services recommends that the Board execute the Interlocal Cooperative Purchasing Agreement with Whatcom County. Community Development, Public Health and Public Works agree with this recommendation. Whatcom County will execute/record and will return a signed original for Central Services and the Board. Department Contact: Mark McCauley, Central Services Director, 360-385-9130 Reviewed by: Philip orley, County 'nistrator Date INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN JEFFERSON COUNTY AND WHATCOM COUNTY This Agreement, made and entered into by and between JEFFERSON COUNTY, State of Washington, a Washington municipal corporation (hereinafter referred to as "Jefferson County") and WHATCOM COUNTY, State of Washington, a Washington municipal corporation (hereinafter referred to as "Whatcom County"), (collectively "Parties"), and whereby the Parties agree to cooperative governmental purchasing upon the following terms and conditions: 1. Cooperative Purchases. The Parties hereto, pursuant to Chapters 36 and 39 bidding laws, Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Code of Washington do hereby agree to cooperatively purchase supplies, goods, services, and equipment as a result of competitive bidding and within the qualifications or specifications established by and for Jefferson County and Whatcom County. Parties will finalize their own arrangements, including option selection, selections, trade- in, and delivery arrangements for goods, services, and equipment directly with the applicable contractor or vendor. Jefferson County and Whatcom County agree that each Party has no liability as far as the durability, serviceability, performance and warranty of the goods, services, and equipment selected. It is also agreed that the goods, services, and equipment selected shall be agreed upon by each individual Party and will not be perceived as selected by the other Party. Jefferson County and the Whatcom County accept no responsibility of the performance of any contracts by the contractor, and Jefferson County and Whatcom County accept no responsibility for payment of the purchase price for any contract entered into by the other Party. 2. Administration. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. Each Party reserves the right to contract independently for the purchase of any particular class of goods or services with or without notice to the other Party. The Parties reserve the right to exclude the other Party from any particular purchasing or services contract, with or without notice to the other Party. 3. Term. This Agreement shall take effect immediately and shall continue in effect until terminated. It may be terminated by either Party by giving ten (10) days written notice to the other; provided, however, that termination shall not affect or impair joint purchases of the Parties that are agreed to on or before the date of termination. 4. Compliance with Laws. Each Party accepts responsibility for compliance with federal, state, or local laws and regulations including, in particular, that Party's bidding requirements applicable to the acquisition of any goods, services, or equipment obtained through the cooperative process agreed to herein. 5. Indemnification. Each Party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither Party assumes responsibility to the other Party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. 6. Recording. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has (i) been duly executed by both parties, and (ii) either filed with the respective county Auditor or posted on the respective county's website. INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 1 of 2 April 2018 7. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs, and assigns. 8. Any provision of this Agreement which is declared invalid or illegal shall in no way effect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. 9. The venue for any dispute related to this Agreement shall be in Whatcom County if the bid is issued by Whatcom County or in Jefferson County if the bid is issued by Jefferson County. Failure of either Party to declare any breach or default by the other Party immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHERE OF, the parties have caused duplicate originals of this Agreement to be executed on the day and year the last signature hereto is affixed. WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive Dated: Approved as to form: By: Chief Civil Deputy INTERLOCAL COOPERATIVE PURCHASING AGREEMENT April 2018 JEFFERSON COUNTY, WASHINGTON BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member Approved as to form: 0. -7/zB /8 Philip C. Hunsucker D e Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office Page 2 of 2