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HomeMy WebLinkAboutCONSENT re Sign language interpreter 615 Sheridan Street Port Townsend, WA 98368 �e eWn www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Veronica Shaw, Deputy Public Health Director Bonnie Obremski, Intellectual & Developmental Disabilities Coordinator DATE: �ti2 S SUBJECT: Agenda item — Contract Usage Agreement with WA Dept of Enterprise Svcs; upon signature — until termination; fee per usage STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests Board approval of the Contract Usage Agreement with the Washington Department of Enterprise Services (DES), effective upon signing, until terminated; fee for usage ANALYSIS/STRATEGIC GOALS/PROS and CONS: Upon entering into the Contract Usage Agreement, JCPH will be entitled to utilize contracts developed and/or administered by DES that function as enterprise procurement solutions, enabling JCPH to purchase goods and/or services cost-effectively and efficiently from specified contractors at contracted prices, terms and conditions. JCPH has a current need to use this service in order to obtain the services of on-line sign language interpreters to aid the work of the Jefferson County Intellectual and Developmental Disabilities Coordinator in ways including but not limited to meetings with the Washington State Coalition on Inclusive Emergency Planning, which require such an interpreter. FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no charge for this service. Costs will accrue when service providers are hired under the terms of the agreement. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community AD-25-026 RECOMMENDATION: JCPH management requests approval of the Contract Usage Agreement with the DES, effective upon signing — until terminated; fee for usage. JCPH additionally requests a motion by the Board of County Commissioners to delegate authority to Veronica Shaw to sign the contract on behalf of the county. REVIEWED BY: Mark McCauley, C ty Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: WA Dept of Enterprise Services Contract No: AD-25-026 Contract For: Contract Usage Agreement Term: upon sig - until terminated COUNTY DEPARTMENT: Public Health Contact Person: Veronica Shaw Contact Phone: x 409 Contact email: veronica@co.jefferson.wa.us AMOUNT: fee for usage PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # 127 RFP or RFQ Munis Org/Obj 12756200 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP I E WI H �55.,,(,);80 AND CHAPTER 42.23 RCW. CERTIFIED: F N/A: May 23, 2025 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: FM N/A: � �� -" / May 23, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/29/2025. State agreement - cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/29/2025. State contract - no basis for changing it. Only BoCC has contracting authority, so signature block has been changed accordingly. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 EMWashington State DEPARTMENT OF ENTERPRISE SERVICES State of Washington CONTRACT USAGE AGREEMENT DEPARTMENT OF ENTERPRISE SERVICES CUA no.and effective dates will be completed by DES Attn: Contracts& Procurement CUA No.: P.O. Box 41411 Olympia,WA 98504-1411 Effective Date: Type of Eligible Purchaser INSERT ELIGIBLE PURCHASER NAME Washington State agency Jefferson County Public Health Washington local governmental agency or Business Contact: Veronica Shaw entity (e.g., counties, cities, school Tel:360-385-9400 districts, public utility districts, etc.) Email:veronica@co.jefferson.wa.us Higher Education Tax Identification No.: 91-6001322 Federal governmental agency or entity Tribe located in the State of Washington CONTRACT USAGE AGREEMENT FOR DESIGNATED ENTERPRISE PROCUREMENT SOLUTIONS FOR GOODS/SERVICES('CONTRACTS') This Contract Usage Agreement ("Agreement") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and the Jefferson County Public Health Local government governmental agency/entity ("Eligible Purchaser") and is dated and effective as RECITALS A. The Washington State Legislature has authorized Enterprise Services to enter into agreements with certain governmental agencies/entities (each an eligible purchaser) to enable such entities to utilize certain contracts developed and/or administered by Enterprise Services that function as enterprise procurement solutions to enable Washington state agencies and other eligible purchasers to purchase goods and/or services cost-effectively and efficiently from specified contractors at contracted prices, terms, and conditions("Contracts"). See RCW 39.26.050(1); RCW 43.19.005(2); and RCW 39.34.055. B. To enter into a Contract Usage Agreement with Enterprise Services as an Eligible Purchaser,the agency/entity must be one of the following: ■ Washington state agencies; ■ Washington local governmental agencies or entities; ■ Higher Education; ■ Federal governmental agencies or entities;or ■ Tribes located in Washington state. CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO. Page number 1 04/01/24 AD-25-026 C. Eligible Purchasers who execute a Contract Usage Agreement with Enterprise Services may utilize the following categories of enterprise procurement solutions for goods/services, each a category of available Contracts: ■ Statewide Contracts. Contracts for goods/services developed and implemented by Enterprise Services on behalf of the State of Washington pursuant to the State's Procurement Code for Goods/Services (RCW 39.26). See RCW 39.26.050. ■ Cooperative Purchasing Agreements. Specified Cooperative purchasing agreements for goods/services developed or joined by Enterprise Services on behalf of the State of Washington. See RCW 39.26.060. • Legislatively Directed Contracts. Certain 'mandatory use' or other contracts for goods/services in which the Washington State Legislature has specified for use by Washington state agencies and/or other eligible purchasers—e.g.,Correctional Industries contracts. See RCW 39.26.251. Enterprise Services maintains a list of all such Contracts at its Contracts Webpage. D. Eligible Purchaser desires to contract with Enterprise Services to access and use the Contracts, subject to their terms and conditions. E. The purpose of the Agreement is to establish the terms and conditions to authorize Eligible Purchaser to use the Contracts. AGREEMENT Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein,the parties agree as follows: 1. DURATION. This Agreement is effective as of the effective date stated herein and shall continue in force unless terminated by either party upon thirty (30) calendar days prior written notice. 2. ELIGIBLE PURCHASERS REPRESENTATIONS AND WARRANTIES. Eligible Purchaser makes each of the following representations and warranties as of the effective date of this Agreement and at the time any order is placed pursuant to any Contract by Eligible Purchaser. If, at the time of any such order, Eligible Purchaser cannot make such representations and warranties, Eligible Purchaser shall not place any such order and shall, within three (3) business days notify Enterprise Services, in writing, and terminate this Agreement. a. ELIGIBLE PURCHASER STATUS. Eligible Purchaser represents and warrants that,as set forth in RCW 39.26.050(1), RCW 43.19.005(2), and/or the Interlocal Cooperation Act (RCW 39.34), it is an entity that is eligible to utilize Enterprise Services' Contracts. Eligible Purchaser further represents and warrants that, upon request from Enterprise Services, Eligible Purchaser shall provide documentation to confirm its eligibility to use the Contracts. b. CONTRACT AUDITS. Eligible Purchaser represents and warrants that it shall cooperate with Enterprise Services, the Office of the State Auditor, federal officials, and/or any third party authorized by law or contract, in any audit conducted by such party pertaining to any Contracts that Eligible Purchaser has made purchases from pursuant to this Agreement, including providing records related to any purchases from such Contracts. CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO. Page number 2 04/01/24 3. AUTHORIZED USE; FINANCIAL RESPONSIBILITY. Eligible Purchaser understands and agrees that it shall: (a) deal directly with the Contract's awarded contractor (i.e., the vendor, supplier, service supplier, etc.)for any purchases it makes under the Contract, as authorized by this Agreement; and (b) assume full and complete responsibility, financial and otherwise, for any purchases made pursuant to any Contract. 4. SEPARATE RESPONSIBILITY. Each party to this Agreement shall be responsible for the acts, errors, and omissions of itself and it's own officers, employees, and agents acting within the scope of the performance of this Agreement and within the scope of their authority. 5. RESOLVING CONTRACT PURCHASE DISPUTES. The parties agree that, if there are any disputes between Eligible Purchaser and a Contract contractor, Eligible Purchaser shall: (a) provide Enterprise Services written notice of the nature of the dispute including the efforts undertaken to resolve the dispute; and (b) unless otherwise provided in the Contract, work in good faith with the contractor to resolve the dispute without the involvement of Enterprise Services. Enterprise Services may, upon request, review and assist in the resolution of a dispute, and, if Enterprise Services chooses to do so, Eligible Purchaser will cooperate with Enterprise Services in that resolution process. Enterprise Services, in its sole discretion, may elect to resolve disputes with a contractor on behalf of Eligible Purchaser and all other users of the applicable Contract. In such event, Enterprise Services' resolution shall be binding. 6. AGREEMENT ADMINISTRATION&NOTICES. a. AGREEMENT CONTACTS. The parties hereby designate the following agreement administrators as the respective single points of contact for purposes of this Agreement. The parties may change agreement administrators by written notice as set forth below. Enterprise Services Eligible Purchaser Attn: Contracts & Procurement Attn: Veronica Shaw Washington Dept. of Enterprise Address: Jefferson County Public Health Services PO Box41411 Olympia, 615 Sheridan St. WA 98504-1411 Port Townsend, WA 98368 Email: CUA@des.wa.gov Email: veronica@co.jefferson.wa.us b. ADDITIONAL AGREEMENT CONTACTS FOR ELIGIBLE PURCHASER. If necessary or desired, Eligible Purchaser may specify alternative or additional contacts for purposes of this Agreement(e.g., Eligible Purchaser may specify alternative or additional contacts for usage of certain Contracts such as vehicle ordering); Provided, however, that such alternative or additional contacts must utilize email notification to facilitate computer-generated cost-effective and efficient communication between the parties. Eligible Purchaser may designate such additional contacts at any time as set forth below. c. NOTICES. Any notices required or desired shall be in writing and sent by U.S. mail (postage prepaid) or email, and shall be sent to the respective addressee at the respective address or email address set forth above or to such other address or email address as the parties may specify in writing. Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emai►ed, upon transmission to the designated email address of said addressee. 7. GENERAL PROVISIONS. CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO. Page number 3 04/01/24 a. AGREEMENT AVAILABILITY. Prior to its entry into force, this Agreement shall be posted on the Enterprise Services' website or other electronically retrievable public source as required by RCW 39.34.040. b. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. c. AMENDMENT OR MODIFICATION. Except asset forth herein,this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party hereto. d. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery,and performance of this Agreement has been fully authorized and approved,and that no further approvals or consents are required to bind such party. e. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Agreement. Neither party is an agent of the other party nor authorized to obligate it. f. ASSIGNMENT. Eligible Purchaser may not assign its rights under this Agreement. g. GOVERNING LAW. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles that would provide for the application of the laws of another jurisdiction. h. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. i. CAPTIONS& HEADINGS. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. j. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO. Page number 4 04/01/24 k. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Agreement. EXECUTED AND EFFECTivE as of the day and date first above written. JEFFERSON COUNTY PUBLIC HEALTH, STATE OF WASHINGTON A LOCAL GOVERNMENT AGENCY DEPARTMENT OF ENTERPRISE SERVICES A GOVERNMENT AGENCY By: By. Name: Veronica Shaw Name: Rebecca Linville Title: Deputy Director Title: Washington State Chief Procurement Officer Assistant Director,Contracts& Procurement APPROVED AS TJp FORM ONLY: OC May 29,2025 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney NOTE: Please sign in Adobe and submit this form electronically. It will delay processing if you physically print and sign the form. CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO. Page number 5 04/01/24