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
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Intermediary Delivery Events Status Timestamp
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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
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Sent: 4/3/2020 9:13:07 AM
Electronic Record and Signature Disclosure:
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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
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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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to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.