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HomeMy WebLinkAbout032122ca07Department of Public Works O Consent Agenda Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: March 14, 2022 Subject: Approval of Sourcewell Agreement Statement of Issue: Approval of an Agreement with Sourcewell to provide for cooperative purchasing. Analysis/Strategic Goals/Pro's Et Con's: Sourcewell is a governmental cooperative purchasing agency which facilitates "piggybacking" onto existing contracts which have been competitively solicited and publicly awarded following applicable procurement laws and regulations. Execution of the Sourcewell Agreement will maintain Jefferson County's membership (Member #34582) and assure that the most current agreement is on file. Fiscal Impact/Cost Benefit Analysis: Utilizing Sourcewell's competitively solicited and publicly awarded cooperative contracts provides time and cost saving efficiencies by not duplicating procurement requirements. Recommendation: Public Works recommends that the Board sign two (2) originals of the attached Agreement and return one (1) original to Public Works. Department Contact: Anna Romcevich, P.E., Project Manager, 385-9380. Reviewed By: Date Sourcewell 'Pl Formerly NJPA SOURCEWELL AGREEMENT This Agreement, made effective on the date hereof, by and between Sourcewell (formerly known as National Joint Powers Alliance) and Jefferson County, Washington (hereinafter referred to as the "Member"). Agreement Sourcewell, a public entity whose creation was authorized by Minn. Stat. § 123A.21, has followed procurement procedures for products and services offered by this Agreement in accordance with Minn. Stat. § 471.345. Sourcewell is permitted to engage in cooperative purchasing pursuant to Minn. Stat. § 123A.21 Subd. 7(23), It is the sole responsibility of each Member to follow state and local procurement statutes and rules as it pertains to cooperative purchasing or joint power Agreements with in -state or out-of-state public agencies. 3. Sourcewell makes cooperative purchasing contracts available to Members "as is," and is under no obligation to revise the terms, conditions, scope, price, and/or any other conditions of the contract for the benefit of the Member. Members are permitted to negotiate and agree to additional terms and conditions with Vendors directly. 4. Each party shall be responsible for its acts and the results thereof, to the extent authorized by law, and will not be responsible for the acts of the other party and the results thereof. The Member will be responsible for all aspects of its purchase, including ordering its goods and/or services, inspecting and accepting the goods and/or services, and paying the Vendor who will have directly billed the Member placing the order. 5. The use of each contract by the Member will adhere to the terms and conditions of the Sourcewell contract. 6. Any dispute which may arise between the Member and the Vendor are to be resolved between the Member and the Vendor. This Agreement incorporates all Agreements, covenants and understandings between Sourcewell and the Member. No prior Agreement or understanding, verbal or otherwise, by the parties or their agents, shall be valid or enforceable unless embodied in this Agreement. This Agreement shall not be altered, changed or amended except by written amendment executed by both parties. Member Name Sourcewell DotuSigned by: By Jefferson County, Washington F"l Its eatw6vmoad rector/CEO TITLE TITLE March 3, 2022 3/3/2022 ) 2:49 PM CST DATE Approved as to.form only: DATE r' �i C March 14, 2022 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 688-894-1930 1 r•v ,r J, ..,._,� i:1n .7,� UuL,u Jllyll CIIvv upv w. LJCk,%-,r i. r_-Doou-•4/Lit -or Lo-uJM/ IJMLI-000 MEMBER INFORMATION Indicate an address to which correspondence may be delivered. Organization Name* Jefferson County Address* 1820 Jefferson Street City Port Townsend State/Province Code Washingon Country USA Employer Identification Number 916001322 Website ZIP code* 98368 https://www.co.jefferson.wa.us/ Contact person* (First, Last) Eric Kuzma Job Title* Eng. Services Mgr./Asst PW Director Job Role* E-mail* ekuzma@co.jefferson.wa.us Phone* 360385167 Organization Type: Government Federal State X County Municipality Tribal Township Special District Education Pre-K Public K-12 Private K-12 Public Higher Ed Private Higher Ed 202 12th Street NE I P.O. Box 219 Staples, MN 56479 Sou rcewe l I Formerly NJPA 888-894-1930 1 www.S0urcewell-n1n.g0v L/ul:uoiyf i CI Ivviupu lu. ur-u%,r i ur_-ouou-•f / u! -or lu-uumt ! uHLliuuu Sourcewell . �v Formerly NJPA Non -Profit (Please include documentation demonstrating non-profit status) Church _ Medical Facility Other REFERRED BY Advertisement Colleague/Friend Vendor Representative Conference/Trade Show Search Engine/Web Search RETURN COMPLETED AGREEMENT TO: Sourcewell 202 121h5treet NE P.O. Box 219 Staples, MN 56479 877-S85-9706 membership@sourcewell-mn.gov *Denotes required information 202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 888-994-1930 1 www.sourcewell-mn.gov Sourcewell 71 Washington Legal References State Agencies: Wash. Rev. Code § 39.26.060 (2017). Cooperative purchasing (1) On behalf of the state, the department may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any goods or services with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state, in accordance with an agreement entered into between the participants. The cooperative purchasing may include, but is not limited to, joint or multiparty contracts between the entities, and master contracts or convenience contracts that are made available to other public agencies. (2) All cooperative purchasing conducted under this chapter must be through contracts awarded through a competitive solicitation process. Local Governments: Wash Rev. Code § 39.34.030 (2019). Joint powers --Agreements for joint or cooperative action, requisites, effect on responsibilities of component agencies (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency. (2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter, except that any such joint or cooperative action by public agencies which are educational service districts and/or school districts shall comply with the provisions of RCW 28A.320.080. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force. (5) No agreement made pursuant to this chapter relieves any public agency of any obligation or responsibility imposed upon it by law except that: (b) With respect to one or more public agencies purchasing or otherwise contracting through a bid, proposal, or contract awarded by another public agency or by a group of public agencies, any obligation with respect to competitive bids or proposals that applies to the public agencies involved is satisfied if the public agency or group of public agencies that awarded the bid, proposal, or contract complied with its own statutory requirements and either (i) posted the bid or solicitation notice on a web site established and maintained by a public agency, purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (ii) provided an access link on the state's web portal to the notice. About Sourcewell: Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government. Minn. Const. art. XII, sec. 3. As a public corporation and agency, Sourcewell is governed by local elected municipal officials and school board members. Minn. Stat. § 123A.21 Subd. 4 (2017). Under its enabling statute, Sourcewell is explicitly authorized to provide cooperative purchasing services to eligible members. Id. at Subd. 7(23). Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law to member agencies. Minn. Stat. § 471.59 (2017). Membership in Sourcewell is available for all eligible state and local governments, education, higher education and nonprofit entities across North America. § 123A.21 at Subd. 3 Disclaimer: The information found on the Sourcewell website are provided for educational and informational purposes only. This information contained on the website, including any printed material derived from this website, is not legal advice and no attorney -client or other contractual relationship is formed by access to this information. Information here may be out of date, obsolete, or otherwise inaccurate. Please consult with a qualified attorney regarding any questions. Information current as of: 2022-01-01 202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 1 www.sourcewell-mn.gov