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HomeMy WebLinkAboutbocc.con.174.2017 7/2015 kjm pif KIN Pitkin County CouNTit Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Representative. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement@pitkincounty.com).Any contracts $50,000 and over will be routed for signatures to County Manager and Attorney's Office (if required)by Procurement. Contract Information Contract Number 174.2017 Project Name Roaring Fork Watershed Resource Study Database Contractor Board of Governors of the Colorado State University Systesm acting by _ and through Colorado State University Budget Line Item 118.57.02100.82000 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 9/5/2017 Contract End Date 3/31/2018 Automatic Renewal Yes ❑X No If Construction: Retainage Yes $ or % No El If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Open Space and Trails Project Manager Lindsey Utter Project Manager (970)920-5224 Phone Provide a brief description of the contract: Guidance support,implementation testing, and analysis of future needs for Pitkin Outside Contract Value Summary: Original Contract Amount $37,879.00 Previous Change Order/Amendment Amount(if applicable) $0.00 This Change order/Amendment amount(if applicable) $0.00 New Contract Total $37,879.00 Procurement Method: None ❑ Informal❑ Formal ❑ Sole Source ❑ Emergency ❑ Contract Type: Services/Maintenance © Construction ❑ Goods,Equipment, Supplies ❑ Change Order/Amendment ❑ Contract Renewal ❑ Other,please explain ❑ Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 41)Ii1'KIN COUNT ,cN� - PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES ROARING FORK WATERSHED RESOURCE STUDY DATABASE THIS CONTRACT, made August 21, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (hereinafter called the "County") and the Board of Governors of the Colorado State University System acting by and through Colorado State University, 1475 Campus Delivery, Fort Collins, CO 80523 (hereinafter called the "Contractor") to perform the following work: Roaring Fork Watershed Resource Study Database ("Project"). Term of Contract: The term of this contract is from September 5, 2017 to March 31, 2018. At the expiration of the initial term, the contract may be extended for an additional term of one (1) year by the express written consent of both parties. II. Contractor's Obligations. Contractor shall provide ecological expertise, development guidance support, implementation testing, and an analysis of future needs for Pitkin Outside—Ecology, an online database of the ecological studies for the County and the greater Roaring Fork Watershed. Contractor staff shall work with County and partners to identify project needs, resources, and methodologies, compile and upload data, determine data needs, priorities, and estimated funding, write progress reports and supporting documentation, and manage all project requirements. The work performed shall be completed by the following tasks: A. Task 1 - Take a lead in forming a partnership team composed of local land management and conservation group members who have funded or created data appropriate for inclusion in the database, or who are likely to be important partners in the process for other reasons. The team will help set the parameters of what kind of data would be shared on the site, guide site development and set a decision process for qualifying material for inclusion on the site. One or more Contractor staff will serve on this committee,attending meetings either in-person or via remote teleconferencing as necessary to help guide the team's decision process. Contractor has relevant experience with similar online databases and understanding of communicating natural resource data to the public, and extensive experience in the direction of stakeholder groups. 1) Deliverable: Document summarizing the decision process for qualifying material to be included in Pitkin Outside—Ecology. 1 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 B. Task 2 -When the prototype database is available, Contractor will collaborate with County and partners to collect existing reports and data, and begin to populate the online tool. 1) Deliverable: Uploaded reports and data. C. Task 3 - Based on the results of the previous tasks, Contractor will identify data gaps, and prioritize and estimate the funding requirements to fill these data gaps, so County and its partners can include funding in 2018 budgets. 1) Deliverable: Report summarizing data gaps, with prioritization and estimates of funding that would be needed to cover these gaps. D. Timeline 1) September 5, 2017—Project begin date 2) August 15 through September 22, 2017 — Identify partnership team members and convene team for initial meeting. Determine schedule of additional team meetings 3) September through November 2017 — Hold additional meeting and consultations, as needed 4) November 30, 2017—Finalize database inclusion criteria 5) November 2017 through January 2018 — Collect data and populate online database 6) February through January 2018 —Conduct gap analysis and estimate future funding needs 7) March 31, 2018—Final Report Due E. Fee Schedule 1) Salaries - $25,617.00 2) Travel - $2,651.00 a. Travel Costs to include vehicle rental, fuel, lodging, and per diem for three meetings between Contractor staff and County staff and stakeholders in Aspen, CO. 3) Indirect Expenses - $9,611.00 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 thirty-seven thousand eight hundred seventy-nine dollars and zero cents ($37,879.00) 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 on a monthly basis, 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 2 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 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 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. Gary Tennenbaum, Open Space and Trails Director will manage the project as the County's Representative. In the event that Gary Tennenbaum is not available, Lindsey Utter, Planning and Outreach Manager 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. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 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. Contractor agrees that all work produced will conform to the Scope of Work as presented in this contract. 3 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 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. 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 maybe 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. Liability. Each Party hereto agrees to be responsible for its own wrongful or negligent acts or omissions,or those of its officers,agents,or employees to the full extent allowed by law. Liability of the Contractor is at all times herein strictly limited and controlled by the provisions of the Colorado government Immunity Act, C.R.S. §§ 24-10-101, et seq. as now or hereafter amended. Nothing in this Agreement shall be construed as a waiver of the protections of said Act. Each Party represents and warrants that it maintains comprehensive general liability insurance and all coverages required by law sufficient for the purpose of carrying out the duties and obligations arising under this Agreement. A Party will furnish the other Party a certificate evidencing such insurance upon written request. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied,insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. 4 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 The insurance requirements herein are minimum requirements for this Contract and in no way limit the liability covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability coverage must be kept in effect for up to three(3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a"following form" basis. 1) Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability—ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 5 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ❑ Performance Bond $ b. ❑ Professional Errors and Omissions c. ❑ Aircraft Liability d. ❑ Owner's Protective e. ❑ Builder's Risk f. ❑ Boiler and Machinery g. 0 Loss of Use Insurance h. 0 Pollution Liability i. 0 Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Contractor shall provide a Certificate of Insurance upon execution of this Agreement. a. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. b. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. c. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 2) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. 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 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 6 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 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 will 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 hand-delivered or sent by registered or certified regular mail,postage pre- paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which 7 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 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. To Pitkin County: with copies to: Gary Tennenbaum Pitkin County Attorney's Office 806 Hallam St. 123 Emma Rd., Suite#204 Aspen, CO 81611 Basalt, Colorado 81621 Email: Gary.Tennenbaum@PitkinCounty.corn Email: Attorney@pitkincounty.com To Contractor: Carmen Morales Board of Governors of the Colorado State Campus Delivery 2002 University System acting by and through Sponsored Programs Colorado State University Colorado State University 1475 Campus Delivery Fort Collins, CO 80523-2002 Fort Collins, CO 80523 Email: carmen.morales@colostate.edu Phone: (970) 491-7331 Email: CNHP@colostate.edu 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, 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 8 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 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. 9 Contract#174.2017 Revision:02/13/2017kjm Budget Line Item#118.57.02100.82000 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ACTING BY AND THROUGH COLORADO STATE UNIVERSITY mo Aug-24-2017 Carmen N. Morales Date SR. Research Administrator PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Aug-29-2017 Lindsey Utter Date Pitkin County Open Space and Trails Planning and Outreach Manager IF ADDITIONAL/NON-STANDARD LANGUAGE ADDED: �( ( Aug-22-2017 Richard Y. Neiley III Date Asst. County Attorney 10 Docu�i , - SECURED Certificate Of Completion Envelope Id: 19B5017A363C41 E9AB7BB6BFBD59EDB5 Status:Completed Subject: Pitkin County Contract for Review and Signature Source Envelope: Document Pages: 11 Signatures:3 Envelope Originator: Supplemental Document Pages:0 Initials:0 Ben Ferrara Certificate Pages:5 AutoNav: Enabled Payments:0 ben.ferrara@pitkincounty.com Envelopeld Stamping: Disabled IP Address: 10.103.101.11 Time Zone: (UTC-07:00)Mountain Time(US& Canada) Record Tracking Status:Original Holder:Ben Ferrara Location: DocuSign Aug-22-2017 ben.ferrara@pitkincounty.com Signer Events Signature Timestamp Richard Y. Neiley III Sent:Aug-22-2017 richard.neiley@pitkincounty.com Viewed:Aug-22-2017 Asst.County Attorney Signed:Aug-22-2017 Security Level: Email,Account Authentication (None) Using IP Address: 198.233.197.98 Electronic Record and Signature Disclosure: Accepted:Aug-22-2017 ID:5f01aed1-7493-4e66-9845-589f8ba5c8a3 Company Name:Pitkin County,Colorado Lindsey Utter Sent:Aug-22-2017 Lindsey.Utter@PitkinCounty.com C'^dsey 14er Viewed:Aug-23-2017 Pitkin County Open Space and Trails Planning and Signed:Aug-29-2017 Outreach Manager Security Level: Email,Account Authentication Using IP Address: 198.233.197.98 (None) Electronic Record and Signature Disclosure: Accepted:Aug-29-2017 ID: 197016c5-bOdc-4abc-bd37-d6dc1b4a225e Company Name:Pitkin County,Colorado Carmen N. Morales Sent:Aug-22-2017 karin.decker@colostate.edu "�""" ' O"`cd Viewed:Aug-24-2017 SR. Research Administrator Signed:Aug-24-2017 Security Level: Email,Account Authentication (None) Using IP Address: 129.82.128.154 Electronic Record and Signature Disclosure: Accepted:Aug-24-2017 ID:2cb8c5c4-5f9c-4c90-8115-9576daf557bd 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 Lisa MacDonald COPIED Sent:Aug-22-2017 lisa.macdonald@pitkincounty.com Viewed:Aug-22-2017 Paralegal Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:Aug-22-2017 ID:243911f6-cdd7-4407-a886-0669c04e787b Company Name:Pitkin County,Colorado Fran Soroka COPIED Sent:Aug-29-2017 fran.soroka@pitkincounty.com Viewed:Aug-29-2017 Administrative Specialist Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:Mar-30-2017 ID:c9d56941-b25d-4d28-ab5e-33cb0a868c36 Company Name:Pitkin County,Colorado Jeanette Jones COPIED Sent:Aug-29-2017 Jeanette.jones@pitkincounty.com Viewed:Aug-29-2017 BOCC Clerk Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ben Ferrara COPIED Sent:Aug-29-2017 ben.ferrara@pitkincounty.com Resent:Aug-29-2017 Procurement and Contracts Manager Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted Aug-29-2017 Certified Delivered Security Checked Aug-29-2017 Signing Complete Security Checked Aug-29-2017 Completed Security Checked Aug-29-2017 Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: Mar-17-2017 Parties agreed to:Richard Y.Neiley Ill,Lindsey Utter,Carmen N.Morales,Lisa MacDonald, Fran Soroka ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access,Intent,and Consent to Receive and Sign Materials Electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree'button below. 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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 susan.sullivan@pitkincounty.com and in the body of such request you must state your e-mail, full name, Postal Address, telephone number, and account number. Required hardware and software Operating Systems: Windows2000 or WindowsXP Browsers (for SENDERS): Internet Explorer 6.0 or above Browsers (for SIGNERS): Internet Explorer 6.0, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies 'Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.