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HomeMy WebLinkAbout061118_ca01 Jefferson County Board of County Commissioners Consent Agenda Request To: Board of County Commissioners Philip Morley, County Administrator iPik iG From: Mark McCauley,Central Servjr.es Director Agenda Date: June 11, 2018 < Subject: Interlocal Cooperative Purchasing Agreement with the City of Port Townsend, Washington, hereinafter referred to as Port Townsend Statement of Issue:Jefferson County's telephone system is decades old. It is expensive to maintain and the risk of system failure is high and increasing daily. Because of these factors Jefferson County has been evaluating telephony solutions offered by various vendors for over a year. Central Services/Information Services staff 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 Jive 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, Port Townsend has contracted with Hanson Electric Networks-a leader in providing effective telephony solutions as a value added reseller for Jive. Entering into this cooperative purchasing agreement will allow Jefferson County to immediately enter into contract negotiations with Hanson Electric Networks for the same system. Jive is a cloud based telephony solution in wide use across the country. It has excellent technical features, is easy to administer, provides excellent redundancy/survivability, is completely mobile and uses non-proprietary phones. Transitioning to Jive positions the County for the future and results in significantly lower telephony costs($575,000 over the next 10 years). 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/Information Services recommends that the Board execute the attached Interlocal Cooperative Purchasing Agreement with Port Townsend. Port Townsend has already signed the agreement. Department Contact: Mark McCauley,Central Services Director, 360-385-9130 Reviewed by: 7 AfiwariA (;A' Philip Morl- . .my AdtrrirriStator Date INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN JEFFERSON COUNTY AND CITY OF PORT TOWNSEND 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 the City of Port Townsend, State of Washington, a Washington municipal corporation (hereinafter referred to as "Port Townsend"), (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 Port Townsend. 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 Port Townsend 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 Port Townsend accept no responsibility of the performance of any contracts by the contractor,and Jefferson County and Port Townsend 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 Jefferson County Auditor or posted on the respective Party's website. INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 1 of 2 June 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 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. CITY OF PORT TOWNSEND,WASHINGTON JEFFERSON COUNTY,WASHINGTON BOARD OF COMMISSIONERS David Timmons, City Manager David Sullivan, Chair Dated: CA,3/i Kathleen Kler, Member Approved as to form: Kate Dean, Member By: L-e3 John Watts,Acting City Attorney Approved as to form: Dated: .S '022-- U C. /Ida" /e Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 2 of 2 June 2018