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HomeMy WebLinkAboutbocc.con.086.202020-04-02 cdd 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 Kara Silbernagel County Representative Phone (970) 471-8870 Provide a brief description of the contract: Contract Value Summary: $ 24,975.00 $ - $ - $ 24,975.00 086.20 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 Broadband Authority Assistance and Consultation Services Jim English $12,487.50 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $12,487.50 $- $- $- None Services/Maintenance 4/03/2020 12/31/2020 New Contract Administration Assistance and consultative services for the establishment of Pitkin County's Broadband Authority Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total 12541100.531000 Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made April 2, 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: Broadband Authority Assistance and Consultation Services (“Project”). I. Term of Contract: The term of this Contract is from April 3, 2020 to December 31, 2020. II. Contractor’s Obligations. Contractor shall provide assistance, review documentation, and provide consultation to Pitkin County to aid in the establishment of the Pitkin County and Garfield County Broadband Authority in alignment with guidance included in Attachment A. Contract value is based on an estimate of One-Hundred and Eighty- Five (185) hours at a rate of $135.00 per hour. 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 Twenty-Four Thousand Nine-Hundred Seventy-Five dollars and Zero cents ($24,975.00) 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 Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 2 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. Kara Silbernagel, Policy and Project Manager will manage the project as the County’s Representative. In the event that Kara Silbernagel 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. 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. Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 3 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. 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 Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 4 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. 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 Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 5 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: Kara Silbernagel 530 East Main Street Aspen, CO 81611 Email: Kara.Silbernagel@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: 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, Contract # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 6 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 # 086.20 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 & 12541100.531000 7 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 Policy and Project Manager Apr-03-2020 kara silbernagel Jim English Jim English Apr-03-2020 Pitkin County Establishment of Broadband Authority with Garfield County Scope of Work – April 2020 Summary: On March 24, 2020, both the Pitkin County and Garfield County Board of Commissioners directed staff to move forward with the establishment of a regional broadband authority under Special District legislation of the Colorado Revised Statutes (C.R.S 29-1-203.5). Agenda packet here. Presentation here. Broadband does not recognize political boundaries. Pitkin County and Garfield County independently recognized the need to serve the rural and underserved areas of the respective counties and developed a wireless broadband solution. The intent of creating the regional authority is to leverage one another’s infrastructure, rather than duplicate efforts and to not compete with one another’s services, but rather collaborate to create the widest reach possible with the limited public funds available. Background: In 2018, Garfield and Pitkin County independently applied to DOLA for broadband funding for the implementation of a middle-mile microwave wireless network. In addition, both counties, through a competitive bid process, selected Mammoth Networks to be the Network Operator of the respective networks. As a result, the counties joined collaborated on a joint DOLA application and agreement to pursue a Broadband Authority. Over the past two years, staff, in coordination with Mammoth Networks have been completing a regional network design and cost model to develop a financially feasible independent Authority. The final network design and cost model were presented on March 24. The Boards directed staff to move forward as discussed with the goal of establishing the Authority and deploying broadband across the region by September 2020. Broadband Roles and Responsibilities: Staff established the following demarcation points for counties, authority, network operator and ISPs. COUNTY AUTHORITY NETWORK OPERATOR INTERNET SERVICE PROVIDER(S) (ISPS) TOWERS County owns and operates Leased from Counties NA NA MICROWAVE County owns and operates Bandwidth leased from counties Coordinate with County to troubleshoot Communicate with Network Operator on capacity needs LTE/CORE EQUIPMENT None* Counties are purchasing initially equipment with DOLA grant Authority own and provide access to Network Operator Operate and maintain. Troubleshoots issues. Sell bandwidth wholesale to ISPs Purchase bandwidth from Network Operator. Sell and market packaging to end user NETWORK OPERATOR AGREEMENT NA Contract directly with Operator Contract directly with Authority. NA ISP AGREEMENT NA Establish ISP minimum service guidelines. Coordinate with Network Operator to troubleshoot and ensure quality of service to end users Request for Bids for ISPs based on minimum guidelines. Contract directly with ISPs and ensure quality of service Contract directly with Network Operator While the two Boards collectively agree on the governance, network design and cost model, the two counties have dramatically different models for managing their middle-mile network and technology. The big difference is Pitkin County is responsible for the management of the Public Safety radio network, and managing the traffic on microwave network. In addition, in lieu of an Authority, Pitkin County Telecommunications has been working diligently with City of Aspen, Mammoth Networks on both Project THOR, meet me centers, and wireless deployment. Under the Authority model, the wireless broadband will fall to Authority, but Pitkin County Telecommunications remains responsible for the Public Safety Radio, microwave network, and to an extent, with Pitkin County BITS, coordination with COA and Project THOR on fiber connectivity in Aspen. Conversely, on Garfield County’s end, there is little staff subject matter expertise and are relying heavily on Diane Kruse with NEOConnect. The result is that the governance structure and technology aspects have been disparate conversations and will need to start to merge moving forward. The establishment of the Authority then falls into two categories: Governance and Technology. Tasks are broken up under these two categories. Governance Technology  Establishment of bylaws and IGA - Retained Ken Fellman to develop  Fiscal Agent - Coordinate with Garfield County and Pitkin County staff to identify and select the fiscal and administrative resources. - Need resources to identify engineering resources for Authority. Should it be Pitkin County Telecommunications or otherwise?  Help coordinate finalizing the Authority. Weekly calls with Garfield County staff on implementation.  Identify the roles and responsibilities of Pitkin County Telecommunications as it relates to Authority. Their concerns expressed here. Establish detailed work flow of where there Telecom realm of control, and Authority realm of control.  Coordinate is the role of Telecommunications and BITS moving forward with Project THOR and COA MMC  Coordinate with Mammoth Networks, Telecom, and GarCo on LTE/Core equipment purchases Anticipated time: Weekly phone calls from 1PM-3PM Thursdays with all parties. Coordination with  Garfield County Manager’s staff  Pitkin County Manager’s staff  Pitkin County Telecommunications  Mammoth Networks  COA IT staff  NEOConnect Milestones:  Joint purchase of LTE/Core equipment (ASAP)  Finalizing IGA and Bylaws approved (May if possible)  Establishment of Telcommunication roles versus Authority roles  Establishment of COA/Project THOR and fiber design roles within Pitkin County (is this Telecom or IT)  Framework for Authority fiscal, administrative and engineering resources It is not yet clear which of the milestones may be completed independently or are dependent upon other milestones. Certificate Of Completion Envelope Id: AC69436C726F444790FCAC1EB61AAF2D Status: Completed Subject: Jim English | Pitkin County Contract 086.20 for Review and Signature Source Envelope: Document Pages: 11 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 4/2/2020 8:17:29 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp kara silbernagel kara.silbernagel@pitkincounty.com Policy and Project Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.78.59.72 Sent: 4/2/2020 8:22:19 PM Viewed: 4/3/2020 7:38:56 AM Signed: 4/3/2020 7:40:14 AM 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: 4/3/2020 7:40:16 AM Viewed: 4/3/2020 9:11:17 AM Signed: 4/3/2020 9:13:02 AM Electronic Record and Signature Disclosure: Accepted: 4/3/2020 9:11:17 AM ID: 3eab076a-488b-491d-94cc-162533958d56 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: 4/3/2020 9:13:05 AM Resent: 4/3/2020 9:13:11 AM Viewed: 1/26/2021 1:27:45 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: 4/3/2020 9:13:07 AM 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 4/2/2020 8:22:19 PM Certified Delivered Security Checked 4/3/2020 9:11:17 AM Signing Complete Security Checked 4/3/2020 9:13:02 AM Completed Security Checked 4/3/2020 9:13:07 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. 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