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HomeMy WebLinkAboutbocc.con.067.258/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10014100.531500 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 Ann Driggers County Representative Phone (970) 920-5225 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 31,000.00 $ - $ - $ 31,000.00 Finance License agreement for AI assistant services. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No AI Assistant License Agreement M3 Planning, Inc., dba Madison AI $ 31,000.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 31,000.00 Sole Source Services/Maintenance 4/1/2025 3/31/2026 New Contract 067.25 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 Rev 2023.12.15 CDD 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: County Manager DATE: May 5, 2025 FROM: Kara Silbernagel, Deputy County Manager Proposed Contractor: M3 Planning, Inc. dba Madison, AI Product/Service: AI Assistant License Agreement Estimated expenditure for the above Product/Service: $ 31,000.00 This form is required in documenting a Sole Source exception from an otherwise competitive bidding process when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: As further described in Attachment A, Madison AI is the only vendor in the market who provides the government-based AI Assistant services that the County requires. Rev 2023.12.15 CDD 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 Director !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ________________________________________ !#COUNTY MANAGER SOLE#! Date CFAO, Treasurer, and Public Trustee May-06-2025 Ann Driggers May-06-2025 Deputy County Manager Kara May-12-2025 County Manager Jon Peacock Knowledge Assistant Licensing Agreement As of March 15, 2025 AI knowledge assistants for government staff to complete requests in minutes, not hours. www.MadisonAI.com Knowledge Assistant Licensing Agreement As of March 15, 2025 I 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 1 of 5 This Licensing Agreement ("Agreement") is made and entered into as of March 15, 2025, by and between Pitkin County, with its principal place of business at 530 East Main Street, Aspen, CO 81611 ("Licensee"), and M3Planning, Inc. dba Madison AI, a corporation organized under the laws of Nevada, with its principal place of business at 527 Lander Street, Reno, NV 89509 ("Licensor"). WHEREAS, Licensor has developed Madison AI, an AI Assistant for local government LLM for elected officials and staff to access board decisions, agendas, and master codes in your library ("Madison AI"); and WHEREAS, Licensee desires to license Madison AI from Licensor under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. LICENSE GRANT 1.1. License: Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use Madison AI during the Term (as defined below) for the purpose of generating reports based on governmental data. 1.2. Ownership: All intellectual property rights in the Application, including but not limited to software, content, text, images, graphics, video, audio, and other materials, are owned by Madison AI. 2. TERM 2.1. Term: This Agreement shall commence on April 1, 2025, and shall continue for one (1) year, unless terminated earlier in accordance with the provisions of this Agreement ("Term"). 2.2 Auto Renewal: This Agreement will automatically renew each year for an additional one (1)- year term unless the Licensee provides written notice of its intent not to renew at least thirty (30) days prior to the end of the then-current term. 2.3 Cost of Living Increase: Licenses will auto renew with a 5% cost of living increase each year. 2.4 AI Model Cost Escalation: Upon each annual renewal, the fees under this Agreement may be subject to an increase. Any such increase shall be directly proportional to any price increases imposed by Microsoft Azure for the software required to support Licensee's use of Madison. The Licensor shall notify the Licensee of any increase in fees at least forty-five (45) days prior to the renewal date. If Microsoft Azure does not increase its pricing, the fees will remain unchanged for the subsequent renewal term. 3. FEES AND PAYMENT 3.1. Fee: Licensee agrees to pay Licensor a total fee ("Annual License Fee"), which includes data deployment and annual access to Madison AI. All fees will be billed upon contract signing and due net 30. See the Fee and Payment Schedule in Appendix 1. Knowledge Assistant Licensing Agreement As of March 15, 2025 I 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 2 of 5 3.2. Usage Tokens: The License Fee includes usage tokens with a limit of $250 per month or $3,000 per year. Any usage beyond this limit will be tracked but not immediately billed and will be subject to adjustment upon renewal as specified in Section 3.3. Tokens are priced at cost by Microsoft ($0.005/1,000 input and $0.015/1,000 output) ) here. (Ex: Each search costs ~ $0.0676 using GTP-4o Regional.) 3.3. Renewal Adjustment for Usage Fees: If the Licensee exceeds the monthly usage limit of $250 or $3,000 for the 12-month period, the overage will not incur immediate additional charges. Instead, the Licensor will track actual usage throughout the contract term. At the time of annual renewal, the License Fee for the upcoming renewal will be adjusted ("trued up") to reflect the Licensee’s level of usage over the previous term. This ensures that future pricing aligns with actual consumption while avoiding unpredictable monthly overage charges. Any increase in the License Fee due to the true-up will apply to the subsequent renewal period and will be provided to the Licensee 30 days in advance of the renewal date. 3.4 Service Support: Service support beyond initial installation is available for issues and level one customer service support. Additional support can be provided as a service add-on if requested. MADISON AI TERMS of SERVICE https://madisonai.com/terms-and-conditions/ 4. DEPLOYMENT AND DATA INDEX UPDATING 4.1. Initial Deployment: Licensor will deploy the AI Knowledge Assistant in approximately (4) weeks and it will include approximately five (5) years of data from existing agendas, minutes, and staff reports. 4.2. Data Index Updates: Throughout the Term, Licensor shall update the data pile once monthly to ensure the application has access to the most current governmental data to reference. 5. LICENSEE OBLIGATIONS AND RESTRICTIONS 5.1. Compliance with Laws: Licensee agrees to use Madison AI in compliance with all applicable laws and regulations, including but not limited to all federal and Nevada state laws. 5.2. Restriction: Licensee shall not and shall not permit any third party to: (a) reverse engineer, decompile, or disassemble Madison AI; (b) modify or create derivative works of Madison AI; (c) sublicense, lease, rent, or distribute Madison AI to any third party; or (d) use Madison AI for any purpose other than as expressly permitted under this Agreement. 6. SECURITY 6.1. Data Security: Madison AI is a Microsoft Azure Application that is compliant with Microsoft Data Protection. Your prompts (inputs), completions (outputs), your embeddings, and your training data: • are NOT available to other customers. • are NOT available to OpenAI. • are NOT used to improve OpenAI models. Knowledge Assistant Licensing Agreement As of March 15, 2025 I 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 3 of 5 • are NOT used to improve any Microsoft or 3rd party products or services. • are NOT used for automatically improving Azure OpenAI models for your use in your resource (The models are stateless, unless you explicitly fine-tune models with your training data). The Azure OpenAI Service is fully controlled by Microsoft; Microsoft hosts the OpenAI models in Microsoft’s Azure environment and the Service does NOT interact with any services operated by OpenAI (e.g. ChatGPT, or the OpenAI API). MADISON AI PRIVACY POLICY https://madisonai.com/privacy-policy/ 7. TERMINATION 7.1. Termination for Convenience: Either party may terminate this Agreement for any reason upon thirty (30) days' prior written notice to the other party. 7.2. Termination for Breach: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof. 7.3. Effect of Termination: Upon termination of this Agreement, Licensee shall cease all use of Madison AI. The License Fee will be prorated on a monthly basis, net of the initial setup fee and token usage to date. Termination shall not relieve Licensee of its obligation to pay any fees accrued or payable to Licensor prior to the effective date of termination. Madison AI will delete all data related to the Licensee, to include chat history and backups. 8. WARRANTY DISCLAIMER 8.1. Madison AI and all content is provided to Licensee strictly on an “as is” basis; and all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, or any warranties arising out of course of dealing or usage of trade; are hereby disclaimed to the maximum extent permitted by applicable law by Madison AI and its licensors. 9. LIMITATION OF LIABILITY 9.1. Limitation: Licensor's liability for damages hereunder shall in no event exceed the amount of fees paid by licensee to licensor under this agreement. Licensor agrees to indemnify, hold harmless and defend Licensee and the employees, officers and agents of Licensee from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys' fees and costs, to the extent that such liabilities, damages, losses, claims, actions or proceedings are caused by the negligence, errors, omissions, recklessness or intentional misconduct of Licensor or the employees or agents of the Licensor (1) in the performance of the agreement, or (2) which are, or are not, based upon or arising out of the professional services of Licensor, to the full extent allowed by law. Knowledge Assistant Licensing Agreement As of March 15, 2025 I 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 4 of 5 10. GENERAL 10.1. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. By using Madison AI (Software), you agree that any disputes, claims, or controversies arising out of or relating to the use of the Software, including but not limited to performance, data use, or service-related issues (collectively referred to as "Disputes"), will be resolved exclusively through mediation as the initial step in the dispute resolution process, in accordance with the laws of the State of Nevada. 10.2. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 10.3. Amendments: No amendment or modification of this Agreement shall be binding unless in writing and signed by both parties. 10.4. Waiver: No waiver of any term or condition of this Agreement shall be deemed a continuing waiver or a waiver of any other term or condition. 10.5. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 10.6. Assignment: Licensee may not assign or transfer its rights or obligations under this Agreement without the prior written consent of Licensor. IN WITNESS WHEREOF, the parties have executed this Licensing Agreement as of the Effective Date. M3 Planning, Inc. dba Madison, AI By: ___________________________ Name: __Erica Olsen___________ Title: __CEO/Co-Founder______ Date: ____03/15/25___________ Pitkin County By: __________________________ Name: _______________________ Title: ________________________ Date: ________________________ Kara Deputy County Manager May-06-2025 Knowledge Assistant Licensing Agreement As of March 15, 2025 I 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 5 of 5 Appendix 1 – Fee and Payment Schedule SETUP FEE & DEPLOYMENT (for each Knowledge Assistant) - $10,000 WAIVED via DOLA Partnership • Custom LLM setup and configuration including prompt fine-tuning. • Data processing and metadata extraction. • Up to 2 custom developed reports/outputs. • Rollout & Training – 2-3 team training sessions, to be recorded for future use. MADISON AI MODELS All modules include 1) Unlimited staff use, 2) Auto-indexing weekly, AI Tokens for search and OpenAI with a limit of $250 per month or $3,000 per year. Selected Knowledge Assistants Cost ✅ Agency-Wide Policy & Governance $25,000/Annual $10,000 setup fee Elected Officials $10,000/Annual No setup fee Planning & Zoning $10,000/Annual per dept $5,000 setup fee ✅ Transcription with Attribution Process (2017-2024 meeting minutes) $5,000/One Time Total Annual Licensing Fee $25,000 Total One-Time Fees $5,000 Total Amount Due $30,000 Madison AI – Sole Source Provider 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 1 of 2 November 14, 2024 To Whom It May Concern: This letter is to certify that M3 Planning, Inc., dba Madison AI is the sole provider of Madison AI, a proprietary large language model (LLM) uniquely tailored for local government needs. Madison AI is custom-built exclusively for local governments, leveraging advanced AI and machine learning to support critical functions such as policy research, staff report generation, and decision-making based on secure and customized data. Madison AI is distinct in the marketplace due to the following attributes: 1.Custom-Built for Local Governments: Madison AI is the only LLM specifically designed to meet the challenges of local governments, offering functionalities such as error-checked and fully cited outputs based on internal agency documents. No other solution on the market provides this level of customization specifically for governmental operations. 2.Individualized on Agency Data: Unlike generic AI tools like Microsoft Co-Pilot and GPT models that may draw from open web data or third-party sources, Madison AI exclusively uses each agency’s own data, ensuring outputs that are reliable, accurate, and directly applicable to government operations. 3.Collaborative Model Enhancement: Madison AI employs a unique cross-client learning approach, where improvements made for one government entity are shared across all clients, enhancing the tool’s overall effectiveness. This structure ensures that all users benefit from best practices and collective learning across the local government landscape. 4.Seamless Integration with Microsoft Ecosystem: Madison AI integrates into Microsoft platforms like SharePoint and Teams, allowing unlimited data access, unrestricted file size, and support for a broad range of file types without data limitations. This integration provides local governments with a seamless, secure, and scalable solution tailored to their existing technological environments. 5.Public-Private Partnership: Madison AI was developed in partnership with Washoe County, Nevada, making it uniquely aligned with government operations. This co-development model ensures that the platform is consistently refined to meet real-world, government-specific needs. 6.Market Leader: Madison AI stands as the leader in the sector, offering unmatched customization, security, and innovation tailored to the public sector. In summary, there is no comparable product or service on the market that delivers the same combination of tailored government-specific functions, collaborative learning, and Microsoft ecosystem integration as Madison AI. M3 Planning, Inc. dba Madison AI is the sole source and provider of Madison AI, and no alternative solution exists that could meet the specific requirements and benefits Madison AI offers. Should you require additional information or have any questions regarding this sole source certification, please feel free to contact us. Sincerely, Erica Olsen CEO/Co-Founder M3 Planning, Inc. dba Madison AI Attachment A Madison AI – Sole Source Provider 527 Lander Street – Reno, NV 89509 I hello@madisonai.com I Page 2 of 2 Comparison: Madison AI vs. Co -Pilot and Custom GPT Feature Madison AI Co-Pilot (Microsoft) Custom GPT (OpenAI) Data Privacy Only accesses and uses client data, no open web access Uses a mix of personal and open web data Can access both open web and specific datasets Customization Tailored to local government needs, using government- specific documents and data Generalized for broader enterprise use Can be customized but typically not specialized Integration Fully integrated into Microsoft Teams and SharePoint Integrated into Microsoft products like Word Limited integration; requires manual configuration Error Checking & Citations Results are error -checked and fully cited from master documents Limited error checking, focuses on user input Provides general outputs without formal error checks Knowledge Sharing Across Clients Learns from the experiences and datasets of all government clients Individual use only Case-by-case customization, no cross-client learning File Count Limitations Unlimited file access within your SharePoint environment 10,000 files per customer in Co-Pilot Typically supports up to 2,000 files per dataset File Size Limitations No size limitations within the SharePoint and Azure environments Up to 32 MB per file Maximum of 512 MB per file for processing File Type Limitations Supports any file type within Microsoft ecosystem (e.g., Word, Excel, PDFs, etc.) Limited to Microsoft formats (Word, Excel) Primarily text -based inputs like .txt, .docx, .json Certificate Of Completion Envelope Id: 2C084B9D-DA4C-483F-95FC-0882F644F2BC Status: Completed Subject: Madison AI | Pitkin County Contract 067.25 for Review and Signature Source Envelope: Document Pages: 11 Signatures: 4 Envelope Originator: Certificate Pages: 2 Initials: 1 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: 10.103.81.9 Record Tracking Status: Original 5/5/2025 12:42:19 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Connie Baker connie.baker@pitkincounty.com Budget Director Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 216.147.126.217 Sent: 5/5/2025 12:49:24 PM Viewed: 5/6/2025 10:14:14 AM Signed: 5/6/2025 10:14:41 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Ann Driggers ann.driggers@pitkincounty.com CFAO, Treasurer, and Public Trustee Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.170.199.137 Sent: 5/6/2025 10:14:44 AM Viewed: 5/6/2025 10:20:59 AM Signed: 5/6/2025 10:21:30 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Kara kara.silbernagel@pitkincounty.com Deputy County Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 5/6/2025 10:21:32 AM Viewed: 5/6/2025 12:34:32 PM Signed: 5/6/2025 12:34:48 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 5/6/2025 12:34:50 PM Viewed: 5/12/2025 10:13:29 AM Signed: 5/12/2025 10:13:39 AM 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 Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 5/12/2025 10:13:41 AM Resent: 5/12/2025 10:13:45 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: 5/12/2025 10:13:41 AM Viewed: 5/12/2025 10:24:17 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 5/5/2025 12:49:24 PM Certified Delivered Security Checked 5/12/2025 10:13:29 AM Signing Complete Security Checked 5/12/2025 10:13:39 AM Completed Security Checked 5/12/2025 10:13:41 AM Payment Events Status Timestamps