HomeMy WebLinkAboutbocc.con.087.202017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 10022100.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
Contact Information:
Department
County Representative Rich Englehart County Representative
Phone (970) 429-6135
Provide a brief description of the contract:
Contract Value Summary:
$ 11,800.00
$ -
$ -
$ 11,800.00
087.20
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
BITS Engagement and Consultation Services
Jim English
$-
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$-
$-
$-
$-
None
Services/Maintenance
4/06/2020
12/31/2020
New Contract
Administration
Restructuring and consultative modeling for IT department.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made April 6, 2020 by and between the Board of County Commissioners of
Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Jim English, 409 Westbank Road, Glenwood Springs, CO 81601 (hereinafter called
the “Contractor”) to perform the following work: BITS Organizational Restructure Consultation
(“Project”).
I. Term of Contract: The term of this Contract is from April 6, 2020 to December 31,
2020.
II. Contractor’s Obligations. Contractor shall provide to Pitkin County an organizational
restructuring plan for the Pitkin County “BITS” department. Overall Contract value is
based on an estimate of Eighty (80) hours at the rate of One-Hundred and Thirty-Five
dollars per hour ($135.00/hour) plus an allowance for reimbursable expenses not to
exceed One-Thousand Dollars ($1,000.00). Reimbursable allotment is based on the
County’s standard travel and per diem schedule.
Recommendation and approach will include, at minimum, the following attributes and shall be
in accordance with the Scope of Work included as Attachment A:
Develop a recommendation/summary report with justifications on a total restructure that
would include an overall organizational chart
o The chart would have a single Director of the new department.
Recommendation of an updated, more appropriate name for the restructured department
as a whole
Breakdown of the divisions and titles of jobs, not name specific to current staffing,
associated with each job, within each division, within the overall organizational chart
Incorporation of a Telecommunications Division within the restructured department in
contrast to our current, external Telecom department
Updated, detailed Job Description for the Director of the Department and any
additional, new positions or alteration of existing job descriptions. Job descriptions
should include a revised section detailing the required and/or desired skillsets required to
perform the respective role. (appropriate to use and modify current BITS job descriptions
and striking through items to be removed and track new items for consideration)
Development of gap analysis on the current departmental leadership skills compared to
what will likely be needed under a pending restructure. This analysis should take into
consideration emerging trends over the upcoming 5-10 year period
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
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III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
Eleven-Thousand Eight-Hundred dollars and Zero cents ($11,800.00) for all services
rendered. By contract or amendment, the County and Contractor may reallocate the
budget among project tasks if the total budget amount remains unchanged. Contractor
shall invoice for the project monthly based on hours worked, with payment expected
within thirty (30) days of invoice. Any payment by the County may be offset by any
amount the Contractor owes the County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this
Contract shall be the property of the County. However, Contractor shall have the right
to utilize such documents in the course of its marketing, professional presentations, and
for other business purposes. Contractor assigns to County the copyrights to all work
prepared, developed, or created pursuant to this Contract, including the right to: 1)
reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have
right to use materials produced in the course of this Contract for marketing purposes
and professional presentations, articles, speeches and other business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Rich Englehart, Deputy County Manager will manage the
project as the County’s Representative. In the event that Rich Englehart is not available,
an authorized designee shall assume the County Representative’s duties. The services
provided and products delivered by the Contractor under this Contract will be subject
to review by the County’s Representatives, or a designee, for compliance with
Contractor’s obligations prior to final payment.
VI. Termination Prior to Expiration of Contract Term. Either party has the right to
terminate this Contract, with or without cause, by giving written notice to the other
party of such termination and specifying the effective date thereof. Such notice shall
be given at least ten (10) days before the effective date of such termination. In such
event all finished or unfinished documents, data, studies and reports prepared by the
Contractor pursuant to this Contract shall become the County’s property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory work completed pursuant to the terms of this Contract prior to the date of
termination.
VII. Independent Contractor Status.
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
3
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. The services shall be in accordance with the prevailing standard(s) of practice
normally exercised in the performance of Work of similar nature by persons of
similar training and experience. Services shall be rendered based on Consultant’s
best professional judgment, experience and training and shall be consistent with the
law and established professional standards of practice. The Consultant does not
guarantee any particular result and agrees to use and exercise his best profes sional
judgment in conducting the Work.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
IX. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
X. Integration and Modification.
A. This Contract represents the entire and integrated Contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract,
either written or oral. This Contract may be amended only by written contract
signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Contract.
XI. Indemnity.
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
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The Contractor agrees to hold harmless the County from and against all liability,
claims, demands and expenses, including court costs and attorney fees, on account of
any injury, loss or damage, which arise out of or are in any manner connected with the
Work to be performed under this Agreement, if such injury, loss or damage is caused
by or is claimed to be caused by, the act, omission or other fault of the County. The
obligations of this Section XI shall not extend to any injury, loss or damage, which is
caused by the willful or wanton act or omission or violation by the County.
XII. Insurance. Contractor shall not be required to procure and/or maintain insurance as a
requirement to perform the Work as described herein and in the included
Attachment(s).
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XV. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this Contract shall be construed or interpreted to require or provide for indemnification
of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its
agent or employees.
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
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XVIII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
this Contract are subject to Pitkin County’s annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County’s then
current fiscal year. No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Rich Englehart
530 East Main Street
Aspen, CO 81611
Email: rich.englehart@pitkincounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
Jim English
409 Westbank Road
Glenwood Springs, CO 81601
Phone: (970) 309-3754
Email: englishjdavid@gmail.com
XX. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and
C.R.S. §§ 24-76.5-101, et seq., as amended:
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
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A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will
confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Contract, through
participation in the E-Verify Program established under Pub. L. 104-208 or the State
verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract or enter into a contract with a Subcontractor that fails to certify to Contractor
that the Subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract. Contractor (i) shall not use E-Verify Program or
State program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed, (ii) shall notify the Subcontractor and the
contracting State agency within 3 days if Contractor has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor
and Employment. If Contractor participates in the State program, Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Contractor fails to comply with any requirement
of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency,
institution of higher education or political subdivision may terminate this Contract for
breach and, if so terminated, Contractor shall be liable for damages.
B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq.,
C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of §§24-
76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by
§24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
Contract # 087.20 Revision: 2018-06-13 btf
Budget Line Item # 10022100.531000
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
JIM ENGLISH
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
Deputy County Manager
Apr-06-2020
Rich Englehart
Apr-06-2020
Jim English
Jim English
BITS Organizational Restructure
Develop a new organizational structure for Pitkin County’s current BITS department. This
recommendation will be based upon information gathered through research of other county technology
departments to ensure that the new departmental structure and the units within it , address the service
needs of Pitkin County for the next five to ten years . The suggested new organizational structure will
incorporate recommendations that were included as part of the BITS Assessment. Listed below is a
summary of the processes involved in completing your request .
Research other counties to establish baseline organizational structures and services provided.
Develop a new organi zational chart and proposed name change of department units w ithin the
department where needed .
Modification of existing job descriptions to reflect any new skills required to provide services
given the new organizational structure.
Create any new job descriptions needed to address the services to be provided by the new
organizational structure.
Provide a summary report that outlines the justification of the recommended changes in the
restructure.
Total hours – 80, completion date May 1, 2020.
Total project hours – 80
Hourly rate - $135
Total project cost $10,800.00
Certificate Of Completion
Envelope Id: 4F8D7E74A37F4B379E10187D9363D243 Status: Completed
Subject: Jim English | Pitkin County Contract 087.20 for Review and Signature
Source Envelope:
Document Pages: 9 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 24.9.207.158
Record Tracking
Status: Original
4/6/2020 11:55:03 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Rich Englehart
Rich.Englehart@PitkinCounty.com
Deputy County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.34.180.169
Sent: 4/6/2020 11:57:32 AM
Viewed: 4/6/2020 12:01:21 PM
Signed: 4/6/2020 12:01:38 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jim English
englishjdavid@gmail.com
Jim English
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 71.196.148.132
Sent: 4/6/2020 12:01:39 PM
Viewed: 4/6/2020 2:53:21 PM
Signed: 4/6/2020 2:55:11 PM
Electronic Record and Signature Disclosure:
Accepted: 4/6/2020 2:53:21 PM
ID: 6ff81b25-6b35-4009-851c-11f16b788331
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 4/6/2020 2:55:15 PM
Resent: 4/6/2020 2:55:21 PM
Viewed: 1/26/2021 1:26:05 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 4/6/2020 2:55:16 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/6/2020 11:57:32 AM
Certified Delivered Security Checked 4/6/2020 2:53:21 PM
Signing Complete Security Checked 4/6/2020 2:55:11 PM
Completed Security Checked 4/6/2020 2:55:16 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Jim English
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