CLEARFIELD – The Clearfield County Commissioners voted, 3-0, to approve the purchase of DEVNET Inc. property tax software at Thursday’s meeting.
Prior to the vote, Commissioner Joan Robinson-McMillen noted they had previously discussed and tabled the matter due to concerns expressed by Solicitor Kim Kesner. Kesner, she said, attempted to negotiate the proposed contract agreement with DEVNET.
When asked for the status of the county’s negotiations Kesner indicated it had reached a point where the commissioners would need to make a judgment. That judgment, he said, should not only be based upon his perceived concerns, but also the reality of whether or not those would ever arise down the road.
According to him, the county would be purchasing property tax software from DEVNET, as well as other third-party software. He admitted this wasn’t his field of expertise, and he couldn’t analyze whether or not the software would be compatible for the county.
He said because DEVNET would be selling the county third-party software, it would have to depend upon the manufacturer’s warranties for that software. So far as the DEVNET software, he said its warranty is “commercially reasonable” but is the minimum the county could expect.
DEVNET software, Kesner said, would perform in material conformity with its user manual. In other words, he said it would work as they have designed it to. For that reason, Kesner said he had difficulties with the proposed contract agreement, as he wasn’t certain whether or not the county knew as well as DEVNET how all the pieces of the puzzle would work together and if it would meet the county’s needs.
At the same time, he said entities, such as the county, select a vendor because they are able to identify the need and what software would fulfill that need. He reminded the commissioners that he’s argued against accepting the DEVNET contract agreement, as it should at least offer an implied warranty of fitness for a particular purpose.
“I realize it runs against the grain,” said Kesner. “I know that corporate people are resistant to negotiations and their lawyers are resistant as well, because it’s in the format of their contract. I’m pessimistic that DEVNET will fulfill the county’s request.”
He said it could all be theoretical and unnecessary if the county’s assessment and technology departments have reviewed the software and find it suitable for its needs. He pointed out that a warranty is only valuable if issues arise down the road. In closing, he was aware time was of the essence and he didn’t wish to hold up the process when he didn’t anticipate a specific issue.
“It’s a matter of protection of something unexpected,” said Kesner. “But it’s for the board to decide.”
Robinson-McMillen said she was present when the county interviewed several companies about property tax software. She was particularly impressed with the professionalism of the DEVNET representatives. Robinson-McMillen also noted that surrounding counties have purchased DEVNET software for the same purpose.
Commissioner Mark B. McCracken said they had contacted other counties who have contract agreements with DEVNET. He said they were all very happy with DEVNET, and he only knew of one county that didn’t renew its contract. McCracken said he went to Dauphin County and met with the chief assessor there who was very happy with the DEVNET software and reviewed its functions with him and members of the county’s assessment and technology departments.
