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HomeMy WebLinkAboutbocc.con.128.252025.05.08 CDD Contract Number Project Name Contractor Budget Line Item 41056150.574000 !#BUDGET# $34,076.90 $- $- $- $34,076.90 Procurement Method: Form: Contract Effective 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: Project Lead:Drew Peterson Phone:(970) 920-5395 Provide a brief description of the Contract or Change Order: Contract Value Summary: $34,076.90 $ - $ - $34,076.90 Telecommunications/Radio Purchase of 3 new Motorola SLR8000 Conventional Radio Repeaters to replace existing/end of life MTR3000s Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Motorola SLR8000 Radio Repeaters Bear Communications Inc dba BearCom Additional Budget Line Item(s) (Please fully allocate Contract Total if multiple lines apply) Sole Source Goods, Equipment, Supplies 9/29/2025 12/31/2025 New Contract 128.25 Pitkin County Procurement Cover Sheet Cover Sheets are to be included with the contract record to provide an accurate summary of the Contract type, amounts, budget(s), and dates. Contract Information Rev 2023.12.15 CDD 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: County Manager DATE: September 26, 2025 FROM: Drew Petersen, Telecommunications Manager Proposed Contractor: Bear Communications dba BearCom Product/Service: Motorola SLR8000 Radio Repeaters Estimated expenditure for the above Product/Service: $ 34,076.90 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: The 800MHz digitally trunked radio system used throughout the Roaring Fork Valley by the various public safety agencies, and managed by Telecommunications, is supplemented by additional analog conventional 800MHz radio transcievers/repeaters at various mountaintop sites. The current MTR3000 repeaters are reaching end of life in both operations and continued manufacturer service support, and require replacement. After thorough research, Telecommunications has found the Motorola SLR8000 to be the only available serviceable conventional repeater with 4-wire control as is necessary for integration within the existing telecommunications infrastructure. Bearcom is Motorola's regional, largest, and preferred distributor, offering the lowest price plus best service and warranty on the SLR8000's with the necessary configuration and components as specified by Telecom. The units cost around $11,000 each including the necessary license keys and configuration (plus shipping). The 2025 budget originally included the replacement of 2 units, with additional replacements in subsequent years. However, with available budget from other project cost savings, as well as upcoming price increases and rising costs due to tariffs, Telecom is purchasing 3 units to replace existing MTRs in 2025. 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 Oct-01-2025 Drew Petersen Telecommunications Manager Jeff Krueger Oct-01-2025 Telecommunications Director Jon Peacock County Manager Oct-02-2025 Contract # 128.25 Revision: 2024.11.07 CDD 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made September 29, 2025 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 Bear Communications, Inc dba BearCom, 3901 West Service Rd, Evans, CO 80620 (hereinafter called the “Vendor”) to perform the following work: Motorola SLR8000 Radio Repeaters (“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 (“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 81621 Date: October 1, 2025 Time: 12:00 PM 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 Contract # 128.25 Revision: 2024.11.07 CDD 2 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. VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have One (1) day 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 Thirty-Four Thousand Seventy Six dollars and Ninety cents ($34,076.90), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. Contract # 128.25 Revision: 2024.11.07 CDD 3 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. 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 Contract # 128.25 Revision: 2024.11.07 CDD 4 is caused by the negligence or other misconduct of the County or its agent or employees. XIX. Accessibility. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. The County may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the County to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. A. Accessibility Indemnification Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor’s failure to comply with §§24-85- 101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. XX. 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 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. XXI. 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 # 128.25 Revision: 2024.11.07 CDD 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: Drew Petersen 351 Southside Drive Basalt, CO 81623 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: Bear Communications, Inc dba BearCom 3901 West Service Rd Evans, CO 80620 Phone: (970) 330-9415 Email: zachary.linn@bearcom.com with copies to:BearCom Legal Department4009 Distribution Dr.Suite 200Garland, TX 75041Email: legal@bearcom.com Contract # 128.25 Revision: 2024.11.07 CDD 6 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. BEAR COMMUNICATIONS, Inc dba BearCom ________________________________________________ ENDONATURE#! PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! DateDrew Petersen Telecommunications Manager Oct-01-2025 Melissa Peros (Oct 9, 2025 07:52:03 MDT)10/09/2025 Visit our Web site at: www.bearcom.com Terms and Conditions: www.bearcom.com/terms-of-sale Proposal Quote Number:693329 Printed On:2025-03-10 Quote Date:2025-03-10 15:48:38 Branch: 20286 Page:1 Customer/Prospect Number - 1751335 Ship To - 1751338 PITKIN COUNTY PITKIN COUNTY 123 EMMA RD STE 106 PITKIN COUNTY BASALT CO 81621 123 EMMA RD STE 106 BASALT CO 81621 Customer Contact:KYLE NELSON Customer Email:kyle.nelson@pitkin911.org Phone Number:() (970) 618-5729 Delivery Instr: Quantity Part Number Unit Price Extended Price 1 T8319 MOT SLR8000 BASE/REPEATER 5,424.10 5,424.10 1 CA03385AA MOT ADD: 800 MHZ FREQ SELECT FOR SLR8000 5,284.40 5,284.40 1 CA02996AA MOT ADD: WIRELINE SLR8000 481.80 481.80 Quote valid until: 2025-05-09 Confidential and Proprietary Sub Total 11,190.30 X____________________________________________ Customer Signature Shipping and Handling TBD Estimate Tax TBD Total 11,190.30 ZACHARY LINN EVANS (WAC) Branch Office: 970-330-9415 MR Account Manager FAX: 970-330-3632 Zachary.Linn@BearCom.com Attachment A Certificate Of Completion Envelope Id: 8F3F6616-E3F5-4A0C-8890-C9C0E9368BE9 Status: Sent Subject: BearCom | Pitkin County Contract 128.25 for Review & Signature Source Envelope: Document Pages: 10 Signatures: 4 Envelope Originator: Certificate Pages: 5 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: 2605:59c0:3261: Record Tracking Status: Original 9/29/2025 10:30:07 AM 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: 65.38.144.66 Sent: 9/29/2025 10:38:37 AM Viewed: 10/1/2025 12:34:57 PM Signed: 10/1/2025 12:35:11 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Drew Petersen drew.petersen@pitkincounty.com Telecommunications Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 50.226.82.242 Signed using mobile Sent: 10/1/2025 12:35:13 PM Viewed: 10/1/2025 1:06:09 PM Signed: 10/1/2025 1:06:39 PM Electronic Record and Signature Disclosure: Accepted: 10/1/2025 1:06:09 PM ID: 91602120-40c7-4202-9425-a90c385365e8 Company Name: Pitkin County, Colorado Jeff Krueger jeff.krueger@pitkincounty.com Telecommunications Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 172.103.37.89 Sent: 10/1/2025 1:06:41 PM Viewed: 10/1/2025 1:07:17 PM Signed: 10/1/2025 1:10:15 PM Electronic Record and Signature Disclosure: Accepted: 10/1/2025 4:07:42 PM ID: 721fc3fa-9334-4f95-86db-2d83dd0d8630 Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 76.120.56.204 Sent: 10/1/2025 1:10:17 PM Viewed: 10/2/2025 10:03:41 AM Signed: 10/2/2025 10:04:46 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Zachary Linn zachary.linn@bearcom.com Security Level: Email, Account Authentication (None) Sent: 10/2/2025 10:04:50 AM Resent: 10/2/2025 10:31:35 AM Resent: 10/3/2025 11:49:02 AM Viewed: 10/6/2025 6:51:56 AM Electronic Record and Signature Disclosure: Accepted: 10/3/2025 10:03:11 AM ID: 261973bb-b62a-4bb2-b65d-31a25467a13b 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 Ruslana Ivanova, Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 10/2/2025 10:04:49 AM Viewed: 10/2/2025 10:25:52 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Accounts Payable AP@pitkincounty.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Pitkin County Procurement procurement@pitkincounty.com Security Level: Email, Account Authentication (None) 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 9/29/2025 10:38:37 AM Envelope Updated Security Checked 10/2/2025 10:31:23 AM Certified Delivered Security Checked 10/6/2025 6:51:56 AM Payment Events Status 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