HomeMy WebLinkAboutWhatcom County, Washington - 040918_ WHATCOM COUNTY
CL ` 0� L) O IGINALERLOCAL COOPERATIVE PURCHASING GREEMEN7 CONTRACT NO.
BETWEEN JEFFERSON COUNTY AND WHATCOM COUNTY ZO I8-OL/o/a
This wreement, made and entered into by and between JEFFERSON OUNTY, ST5tFZT------
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
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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, ount ErL xecu�ive
Dated:
Approved as to form:
By: L411(,
€HiVf Civil Deputy
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
April 2018
JEFFERSON COUTY, WASHINGTON
BOARD OF C MISSICINE12S
JJs
Jr,
David Sullivan, Chair
ewlL��"C`'"`-
Kathleen
Klgr, Member
Katd Dean, Member
Approved as to form:
('•C Z -?/Z,90
�e
Philip C. Hunsucker Dade
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's Office
Page 2 of 2
Jefferson County
Board of County Commissioners
Consent Agenda Request
To: Board of County Commissioners
Philip Morley, County Administrator
3
From: Mark McCauley, Central Serv' IDirector
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:
PhilipOrley, County �"-nistrator
Date
CONTRACT REVIEW FORM
CONTRACT WITH: Whatcom County, Washington
CONTRACT FOR: Interlocal Cooperative Purchasing Agreement TERM: Until terminated
COUNTY DEPARTMENT: Central Services
For More Information Contact: Mark McCauley, Central Services Director
Contact Phone #: 360-385-9130
RETURN TO: Mark McCauley RETURN BY: As soon as possible
(Person in Department) (Date)
AMOUNT: $0
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 1: REVIEW
Review b
Date Iteview,d: i
APPROVED FORM
Comments
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
X Other
Returned for revision (See Comments)
St 2: REVIEW BY P EC Y ATTORNEY
Review by: �-
Date Reviewed:
APPROVED AS TO FORM Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)