HomeMy WebLinkAboutbocc.con.184.248/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 12545150.574000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Drew Peterson County Representative
Phone (970) 920-5395
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 44,876.98
$ -
$ -
$ 44,876.98
184.24
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 Equipment Purchase
Pathfinder Broadband
$ 44,876.98
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 44,876.98
Sole Source
Services/Maintenance
10/25/2024
1/31/2025
New Contract
Translator/Radio
Purchase of broadband equipment for the County Broadband Initiative.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving. 1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST TO: Jon Peacock, County Manager
DATE: October 4, 2024 FROM: Drew Petersen, Telecommunications Manager Proposed Contractor: Pathfinder Broadband
Product/Service: Tarana Broadband Access Points Estimate expenditure for the above Product/Service: $ 44,876.98
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc): Explain:
Pathfinder Broadband is Pitkin County's partner and Network Service Provider for the Pitkin County
Broadband Initiative (PCBI). Pitkin County is financially responsible for purchasing Access Points (AP's)
and Pathfinder is responsible to provide network services as well as all consumer premise equipment
(CPE's) to provide broadband internet services to customers of the PCBI. New standards by the FCC and
demands from the public necessitate higher bandwidth for fixed wireless internet services. Today, Tarana
Wireless, Inc. is a broadband technolgy manufacturer and produces the only known next generation
wireless systems capable of reaching modern speed requirements in mountainous terrain with near line of
sight and dense tree coverage. Other local ISPs, including Kellin Communications, Rise Broadband, and
Visionary Broadband are all purchasing and transitioning to this new technology.
Pathfinder has received and tested demo units of the Tarana equipment with incredibly promising results.
As a new customer, Pathfinder is offered first-time special pricing and financing by Tarana on new
equipment. To implement this new tech on the PCBI, Pathfinder must also procure the new, costly
CPE's. By bundling the purchase of CPE's with AP's, Pathfinder is able to provide the lowest pas-through
pricing on Tarana AP's for Pitkin County.
Rev 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract
with coversheet to clerk’s office for archiving. 2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code. Department Representative Department Head
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager
Reason for Denial: ______________________________________________
!#COUNTY MANAGER SOLE#! Date
Oct-31-2024
Drew Petersen
Telecommunications Manager
Jeff Krueger
Telecommunications Manager
Oct-31-2024
Nov-07-2024
Deputy County Manager
Rich Englehart
Contract # 184.24 Revision: 2022.08.04 CDD
1
PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS
THIS CONTRACT, made October 25, 2024 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 Pathfinder Broadband, 1317 Grand Ave., Ste. 200,
Glenwood Springs, CO 81601 (hereinafter called the “Vendor”) to perform the following work:
Broadband Equipment Purchase for PCBI (“Project”).
I. Goods Purchased. Vendor shall provide County with the following goods conforming
to the stated description and any Technical Specifications attached to this contract: The
Broadband Equipment listed and described in the attached Vendor Quote (“Attachment
A”).
II. Delivery of Goods. Goods, together with all warranties, guarantees, manuals,
support information and notice of any extended warranties, shall be delivered by
Vendor to the County at the following place and time:
Place: 351 Southside Drive, Basalt, CO 81611
Date: By or before December 31, 2024
III. Risk of Loss. At all times prior to delivery and County’s acceptance of the goods,
Vendor shall bear any and all risk of loss of or damage to the goods. During such period,
Vendor shall insure the goods for loss or damage in amounts and under appropriate
terms.
IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the
delivery of goods.
V. Liquidated Damages. Vendor hereby agrees to be responsible to County for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty)
in the amount of Zero dollars and Zero cents ($0.00) per calendar day for each day or
part of a day that goods are not delivered on the date and time established in accordance
with this contract. The parties agree that the stated sum is a reasonable forecast of fair
compensation for the anticipated damages for delay and that they genuinely intend to
liquidate such damages. Any such damages are to be deducted from purchase price.
Contract # 184.24 Revision: 2022.08.04 CDD
2
VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance
by County. County shall have two (2) business days for inspection of goods. At
delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the
goods, together with any and all other documents evidencing such ownership and title
to the goods. The goods shall be delivered to County free and clear of any liens, claims
or encumbrances, and Vendor shall warrant the same, which warranty shall survive
closing of this contract.
VII. Rejection of Goods. If goods are not delivered according to the specifications and
descriptions of this contract, County may reject goods. Upon Failure of Vendor to
deliver goods, County may terminate this contract or declare Vendor to be in default
and pursue remedies contained in this contract.
VIII. Warranty and Repairs.
A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously
tender to County all warranties, guarantees, manuals and other documents specified
by the contract documents or in possession of Vendor.
B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of
12 months after goods are accepted, Vendor will, at Vendor’s own expense, without
any cost to the County, replace all defective parts and make any repairs to the goods
that may be required or made necessary by reason of defective material or
workmanship. Where practicable, warranty repairs are to be made in the field;
however, in the event of major repairs, the goods may be transported to Vendor’s
facility at no cost to the County.
C. Extended Warranties. In addition to the above, the County may avail itself of the
Vendor’s standard and/or extended warranties. The Vendor shall offer to the
County any extended warranties, which may be available from the manufacturer at
the time of delivery, or any subsequent extended warranties, for which the County
may be eligible, which become available thereafter. The County is under no
obligation to accept and pay for these extended warranties however.
IX. Payment. Full payment shall occur upon acceptance of goods delivered in compliance
with this contract. In consideration of delivery and acceptance of the goods to County
in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept
as its full and only compensation, the stated sum of Forty-Four Thousand Eight
Hundred Seventy-Six dollars and Ninety-Eight cents ($44,876.98), but any payment by
the County may be offset by any amount the Vendor owes the County for any reason.
X. Termination Prior to Expiration of Contract Term. County has the right to
terminate this contract, with or without cause, by giving written notice to the Vendor
of such termination and specifying the effective date thereof.
Contract # 184.24 Revision: 2022.08.04 CDD
3
XI. County’s Remedies Upon Default of Vendor. Whenever Vendor shall default in
performance of this contract in accordance with its terms, County shall be entitled to
suit for damages, specific performance or other relief in law or equity.
XII. Assignability. This contract is not assignable by either party. Any use of
subcontractors by the Vendor for performance of this contract must be accepted in
writing by the County.
XIII. 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.
XIV. Integration and Modification. This contract represents the entire and integrated
contract between the County and Vendor 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 Vendor.
XV. Exemptions. 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.
XVI. 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.
XVII. 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.
XVIII. Governmental Immunity. Vendor agrees and understands that the 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,
C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise available to
the 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 Vendor
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.
XIX. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
Contract # 184.24 Revision: 2022.08.04 CDD
4
currently budgeted expenditures of Pitkin County as 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.
XX. 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:
Drew Petersen 530 E. Main Street Aspen, CO 81611 Email: drew.petersen@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: Pathfinder Broadband 1317 Grand Ave., Ste. 200 Glenwood Springs, CO 81601
Phone: (970) 618-0477 Email: andre.grillo@path-finder.us
Contract # 184.24 Revision: 2022.08.04 CDD
5
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. PATHFINDER BROADBAND ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
Oct-31-2024
Telecommunications Manager
Drew Petersen
Ande Grillo
General Manager
Oct-31-2024
WAV LLC
2380-A Prospect Drive
Aurora IL 60502-7815
United States
(800) 678-2419
ESTIMATE Number
Date
Expires
SPA/PE Expires
Q269637-2
10/3/2024
10/10/2024
12/31/2024
1 of 2
Bill To Ship To
Pathfinder
1317 Grand Ave.
Ste. 200
Glenwood Springs CO 81601
United States
(970) 618-1982
Pathfinder
1317 Grand Ave.
Ste. 200
Glenwood Springs CO 81601
United States
(970) 618-1982
Customer #Terms Sales Rep Sales Rep Email Sales Rep Phone
9045843 Credit Card Mark Chamerlik markc@wavonline.com (630) 818-1004
Line Item Qty List Price Rate Amount (USD)
1 35-0141-001
SPA/DR: TVP - Bronze
3.55-3.70Ghz Base Node (BN) CBRS
3 $24,500.00 $13,303.50 $39,910.50
2 34-0028-001
SPA/DR: TVP - Bronze
Base Node (BN) Pole Mounting Kit 60.33-127mm (2 3/8-5in)
Pole Diameter
3 $170.00 $144.50 $433.50
3 73-0031-001
SPA/DR: TVP - Bronze
SFP+ Long Range Industrial Temp Duplex LC Connector
Single Mode
6 $166.00 $141.10 $846.60
4 33-0022-070
SPA/DR: TVP - Bronze
70m Outdoor Single Mode Fiber Optic Cable w/ Harting SFP
to LC
3 $421.00 $357.85 $1,073.55
5 33-0007-070
70m Outdoor Shielded Cat5e Ethernet Cable With Harting
Push-Pull Connector
3 $255.56 $217.23 $651.69
6 33-0004-010
SPA/DR: TVP - Bronze
10m Outdoor Shielded Power Cable with Harting Push-Pull
Connector
3 $58.00 $49.30 $147.90
7 35-0104-001
SPA/DR: TVP - Bronze
DC Defender (DC Surge Protector) w/ Mounting Kit
(1101-1110) (Up to 100M)
6 $183.00 $155.55 $933.30
9 Credit Card Fee
Credit Card Processing Fee
1 $879.94 $879.94
Attachment A
WAV LLC
2380-A Prospect Drive
Aurora IL 60502-7815
United States
(800) 678-2419
ESTIMATE Number
Date
Expires
SPA/PE Expires
Q269637-2
10/3/2024
10/10/2024
12/31/2024
2 of 2
Thank You for The Opportunity!
Terms and Conditions of Sale:
https://www.wavonline.com/Terms-and-Conditions.html
Where applicable, a 2.75% convenience fee may be charged
for credit card transactions.
Select items may incur tariffs. Subject to change based on US
federal regulations. Contact your sales representative for
further details.
For additional assistance, please email: salessupport@wavonline.com
** Freight estimates available upon request. Shipping costs may vary. Actual shipping costs will be reflected on your invoice.**
Subtotal $44,876.98
Shipping Estimate $0.00
Tax Total $0.00
Total (USD)$44,876.98
Certificate Of Completion
Envelope Id: F486AABF0AC340118954976889E61062 Status: Completed
Subject: Pathfinder Broadband | Pitkin County Contract 184.24 for Review and Signature
Source Envelope:
Document Pages: 10 Signatures: 5 Envelope Originator:
Certificate Pages: 6 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: 65.38.144.66
Record Tracking
Status: Original
10/31/2024 11:24:06 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Drew Petersen
drew.petersen@pitkincounty.com
Telecommunications Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.226.82.242
Sent: 10/31/2024 11:27:44 AM
Viewed: 10/31/2024 11:28:27 AM
Signed: 10/31/2024 11:29:47 AM
Electronic Record and Signature Disclosure:
Accepted: 10/31/2024 11:28:27 AM
ID: 51dc4744-b0a4-415f-a40a-b8df82b6d5d5
Company Name: Pitkin County, Colorado
Jeff Krueger
jeff.krueger@pitkincounty.com
Telecommunications Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 10/31/2024 11:29:48 AM
Viewed: 10/31/2024 1:34:44 PM
Signed: 10/31/2024 1:34:56 PM
Electronic Record and Signature Disclosure:
Accepted: 10/31/2024 1:34:44 PM
ID: 5515d175-216d-43ab-8ec2-707289c97f2e
Company Name: Pitkin County, Colorado
Ande Grillo
ande.grillo@path-finder.us
General Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 209.209.99.197
Sent: 10/31/2024 1:34:58 PM
Viewed: 10/31/2024 1:37:15 PM
Signed: 10/31/2024 1:45:59 PM
Electronic Record and Signature Disclosure:
Accepted: 10/31/2024 1:37:15 PM
ID: 0ef45c5a-fd06-490f-87db-0eaf8c311217
Company Name: Pitkin County, Colorado
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: 172.103.36.129
Signed using mobile
Sent: 10/31/2024 3:49:46 PM
Viewed: 11/7/2024 7:56:19 AM
Signed: 11/7/2024 7:56:43 AM
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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
Jon Peacock
jon.peacock@pitkincounty.com
Rich Englehart
rich.englehart@pitkincounty.com
Kara Silbernagel
kara.silbernagel@pitkincounty.com
Deputy County Manager
Pitkin County Colorado
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Sent: 10/31/2024 3:49:48 PM
Viewed: 11/4/2024 3:23:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 11/7/2024 7:56:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 11/7/2024 7:56:45 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 10/31/2024 11:27:44 AM
Certified Delivered Security Checked 11/7/2024 7:56:19 AM
Signing Complete Security Checked 11/7/2024 7:56:43 AM
Completed Security Checked 11/7/2024 7:56:45 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Drew Petersen, Jeff Krueger, Ande Grillo
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