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HomeMy WebLinkAboutbocc.con.183.192017-11-13 btf Contract Information Contract Number Project Name Contractor Budget Line Item 10022100.531000 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department County Representative John Loyd County Representative Phone (970) 920-5211 Provide a brief description of the contract: Contract Value Summary: $ 25,000.00 $ - $ - $ 25,000.00 183.19 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 Adaptive Business Continuity Planning (ABCP) Software RecoveryPlanner.com, Inc. $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Formal Services/Maintenance 10/1/2019 9/30/2020 New Contract NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage BITS Adaptive business planning and implementation services Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Bid # 183.19 Rev. 2018-10-10 btf Budget Line Item # 10022100.531000 NOTICE OF AWARD Date: October 3, 2019 To: RecoveryPlanner.com, Inc. Ken Bauman 101 Merrit Blvd. Trumbull, CT 06611 RE: Adaptive Business Continuity Planning (ABCP) Software The County, having duly considered the Proposal submitted on June 24, 2019 for the work or purchase covered by the Contract Document titled Adaptive Business Continuity Planning (ABCP) Software in the amount of Twenty-Five Thousand dollars and Zero cents ($25,000.00), and it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the County, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in one original of contract within ten (10) consecutive days from this Notice of Award. In addition, you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Procurement via email at procurement@pitkincounty.com. PITKIN COUNTY ________________________________________________ !#COUNTY REPRESENTATIVE#! Date ======================ACCEPTANCE OF NOTICE=================== Receipt of the above Notice of Award is hereby acknowledged ________________________________________________ !#VENDOR SIGNATURE#! Date Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made October 1, 2019 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 RecoveryPlanner.com, Inc., 101 Merrit Blvd., Trumbull, CT 06611 (hereinafter called the “Contractor”) to perform the following work: Adaptive Business Continuity Planning (ABCP) Software (“Project”). I. Term of Contract: The term of this Contract is from October 1, 2019 to September 30, 2020. At the expiration of the initial term, the contract may be extended for two (2) additional terms of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide the products and services as listed below and in accordance with the attached RFP Documents, as applicable: The County’s annual subscription cost of $11,940.00 includes: An unlimited license to the RPX software that includes all BCM components: Hosting – infrastructure, security and performance Maintenance of the software Automatic email and email-to-SMS (text) messaging notifications Unlimited access to the Help Desk by 10 Users Free on-line training along with video training and other help included in the software First 50 licenses for RPX Mobile App Set-up Fees for RPX SaaS Option The set-up fee is a one-time fee of $5,000, which covers the set-up of the RPX site with: Technical assistance with data migration Batch uploads and MS Word Uploader Web services API integration assistance Active Directory syncing for personnel and authentication Single Sign-on (SSO) and syncing of network folders & files Train-the-Trainer Training Sixteen (16) hours of training is provided that covers the functionality of the software and BCP consulting on plan implementation. Training is available over the Internet (1 to 3-hour sessions). Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 2 III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of twenty five thousand dollars and zero cents ($25,000.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked and/or services delivered, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have 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. John Loyd, CTO, will manage the project as the County’s Representative. In the event that John Loyd is not available, Susan Sullivan, Information Governance Administrator, 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 design ee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least thirty (30) 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 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. Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 3 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 warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. 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 may be amended only b y written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 4 agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 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. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity 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 Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 5 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 Coverage to include:  Premises and Operations  Personal / Advertising Injury  Products / Completed Operations  Liability assumed under an Insured Contract (including defense costs assumed under contract)  Independent Contractors  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent)  Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent)  The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 6 with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 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. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non -payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. 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. Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 7 c. 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. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative no more than fifteen (15) days after a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) 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 purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 8 whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and 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: John Loyd 530 East Main Suite #203 Aspen, CO 81611 Email: john.loyd@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: RecoveryPlanner.com, Inc. 101 Merrit Blvd. Trumbull, CT 06611 Phone: (203)788-9258 Email: mgoldstein@recoveryplanner.com XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 9 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 deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24- 76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 10 Contract # 183.19 Revision: 2018-06-13 btf Budget Line Item # 10022100.531000 11 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. RECOVERYPLANNER.COM, Inc. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Oct-10-2019 Chief Technology Officer John Loyd Monica Goldstein Oct-10-2019 CEO RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 1 PUBLIC NOTICE Pitkin County is accepting proposals to provide Adaptive Business Continuity Planning (ABCP) Software. More information is available online at www.BidNetDirect.com/Colorado. Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on June 10, 2019. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com. Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on June 24, 2019. Published in the Aspen Daily News: May 27, 2019 and June 3, 2019 RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 2 PITKIN COUNTY Adaptive Business Continuity Planning (ABCP) Software Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3 III. SCOPE OF WORK 4 A. SPECIFICATIONS AND DRAWINGS 4 B. CONTRACT TIME AND LIQUIDATED DAMAGES 4 C. ADDITIONAL INFORMATION 4 IV. SELECTION PROCESS 4 A. SUBMITTALS 4 B. TIME SCHEDULE 6 C. EVALUATION CRITERIA AND WEIGHTING 6 D. SELECTION COMMITTEE 7 E. CONTRACT 7 PROPOSAL FORM 8 INSTRUCTIONS TO PROPOSERS 10 RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 3 REQUEST FOR PROPOSALS Adaptive Business Continuity Planning (ABCP) Software GENERAL INFORMATION TO PROPOSERS ISSUED: May 20, 2019 DUE: June 17, 2019 at 2:00 PM MT I. INTRODUCTION Subsequent to a RFI issued in November 2018, Pitkin County (hereinafter called the “County”) is qualifying interested parties for the provision of Adaptive Business Continuity Planning (ABCP) Software at the Main County Offices located at 530 East Main Street, Suite 203, Aspen, Colorado 81611. II. COUNTY BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt. As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations. Organizational Values: Pitkin County embraces the following values to promote public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the conduct of county business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs. Collaboration: We work together as employees and with citizens and other government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals. Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 4 Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth. Additional information about the County may be found on the County’s website at: http://www.pitkincounty.com III. SCOPE OF WORK A. SPECIFICATIONS Pitkin County, Colorado is updating its’ Disaster Recovery (DR) and Business Continuity (BCP) plans and seeks a database-driven (not spreadsheet) Software as a Service (SaaS), Cloud-based Adaptive Business Continuity Planning tool (ABCP) that the County can use across its thirty- five business units. B. ADDITIONAL INFORMATION It is the County’s desire that the ABCP tool be able to accommodate the integration of Risk Assessments and Business Impact Analyses. IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above-described proposal. This process shall be through formal proposals submitted in response to this Request for Proposals. A. SUBMITTALS 1. Proposer shall submit proposals for this Adaptive Business Continuity Planning (ABCP) Software as outlined in the Request for Proposals and Scope of Services. Proposal Format: Each response shall be 8.5X11 in size. Font, Times New Roman, size shall be no smaller than 12 point and submission shall not exceed twenty (20) pages total; any page after page 20 will not be reviewed. Exclusions for cover letters, Proposal Form, personnel résumés, and Template Contract revisions, all to be uploaded as their own separate file. Proposals may include pages up to 11x17 size with each sheet larger than 8.5x11 counting as two sheets. a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated; b. A proposed approach (basic description of how the Proposer will deliver and configure this ABCP software), timetable for the delivery, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer; d. References; RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 5 e. A completed Proposal Form; f. List of all subcontractors; 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary. 3. Any and all questions or comments shall be submitted via email to procurement@pitkincounty.com no later than June 10, 2019 at 4:00 PM MT. All requests must have the email subject line, “RFP 183.2019 Adaptive Business Continuity Planning (ABCP) Software Request for Clarification and Questions.” All questions, comments and answers provided shall be shared with all Proposers via addendum posted on BidNet Direct. Addendum(s) will include the requests for clarification and questions, as written by the Proposer. 4. All Proposals must be uploaded to the BidNet Direct website. Proposals will not be accepted in any other form or manner. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. TIME SCHEDULE The County will endeavor to use the following timetable: May 20, 2019 Request for Proposals publicly advertised, posted on website (www.bidnetdirect.com/colorado) June 10, 2019 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 2:00 MT June 17, 2019 County’s response to request for clarification and questions posted on BidNet Direct via addendum RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 6 June 24, 2019 PROPOSALS MUST BE UPLOADED TO BIDNET DIRECT BY 2:00 PM MT Week of July 8, 2019 Meeting of Selection Committee; checking of references; requests for clarifications and/or additional information, if necessary; scheduling of interviews, if necessary. July 22, 2019 Notice to Proposers July 29, 2019 Anticipated contract negotiations start August 12, 2019 Anticipated contract execution August 19, 2019 Anticipated Project start C. EVALUATION CRITERIA AND WEIGHTING Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top- ranked Proposer will be based upon the following criteria and relative importance (or as the same may be amended or supplemented by published secondary selection criteria, if any): 1. Approach to Project 20% The Proposer shall prepare a brief statement as to intention to handle: a. Knowledge Transfer - CBT, in-person, GoToMeeting, Train-the- Trainer, etc b. The Project Schedule - Gantt Charts, Critical Path, etc 2. List of similar work 30% The Proposer shall submit examples of work; preferably entities of similar size and type to the County. 3. Estimated Cost of Product and Services, including Reimbursable Expenses 30% List of reimbursable expenses should be submitted with a top-set. a. The Proposer shall list all costs assumed necessary to provide a completed project, including i. Consulting expenses ii. Reimbursable expenses iii. Miscellaneous expenses iv. Software product cost v. Annual software maintenance cost vi. Initial setup and configuration vii. Licensing cost RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 7 4. References 20% The Proposer shall provide a list of reference accounts; preferably entities of similar size and type to the County. D. SELECTION COMMITTEE Communications between Proposer and any member of the selection committee during the selection process except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the Selection Committee: Nonvoting counsel to the Selection Committee: Aaron Boub Ann Driggers BITS Brian Pettet Janice Voss John Loyd Lindsay Maisch Rich Englehart -County Attorney -County Procurement E. CONTRACT A sample of the Pitkin County Contract for the Provision of Services is included as Attachment A. The Proposer must present exceptions to the standard contract with the proposal. If concerns are not expressed, the County shall consider that the terms and conditions are accepted. Contract alterations, modifications, additions or deletions will not be accepted at any time after proposals are submitted. Submittal of contract changes is for County information only and will only be reviewed upon vendor selection has been completed; it does not disqualify any vendor from contract award. RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 8 PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: June 24, 2019 From: _____________________________________________________ _____________________________________________________ _____________________________________________________ Phone________________________________________________ Email ________________________________________________ To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 123 Emma Rd., Suite #106 Basalt, CO 81621 For: RFP 183.2019 Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP) and being familiar with conditions surrounding the delivery of the proposed Goods and Services, affirms its capability to provide goods and services as detailed in this RFP for the sum of: $_______________________________________ Statement and Detailed Approach to Service ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 9 1.______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2.______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3.______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ It is further understood that the right is reserved by the County to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. . The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this ____ day of , 2019 (Corporate seal) PROPOSER: SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 10 INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS 1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer. d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information. e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below). f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control. g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site inspection, pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a subproposal RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 11 to Proposer, or who has quoted prices on materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting prices to other Proposers. 2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification, explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as an alternative on a formal addendum distributed to all Proposers at least three (3) days prior to the deadline for Proposal submission. c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal. g. If specified in the RFP, a request for qualifications may precede the RFP process. 3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 12 the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements. c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature. f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkin County Procurement Code," (Ordinance #026-2005, as amended by Ordinance #03-2007 (copies available on the Pitkin County website at http://pitkincounty.com or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing, contract drafting, contract administration and ethics. The requirements of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the Proposer from award of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of the Procurement Code. c. The submission of a Proposal shall be conclusive evidence and legal admission that the Proposer: (1) has no questions, complaints or objections in connection with the RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 13 Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond the control of Proposers results in delay in receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County t o determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations, all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors, independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time. d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance RFP 183.2019 BITS Revision July 1, 2019 Budget Line Item #: 001.21.00000.82000 14 criteria, that proposal will be rejected and the next eligible Proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the right to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re -solicit for additional proposals. f. Any questions or disputes involving the documents or procedures not covered by these Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County. 7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation or an extension of time to complete the work that is the subject of the Proposal. 9. If the contract awarded as a result of a Proposal extends beyond the calendar year, nothing herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. Action Item Not Started In Progress Complete Overdue Project management and reporting. Establish process for regular status updates. Evaluate the most appropriate Departments structure and determine set-up. Review Org chart showing department structure Evaluate best way to structure departments Upload department data Evaluate automatic personnel and contact feeds Setup meeting with RPX Support Upload personnel data Determine set-up of Vendors. Review vendor requirements Determine other relationship requirements Determine which vendors/relationships to upload Determine if vendor management system should be integrated Upload Relationship data Determine set-up of Resources. Review resource requirements Determine resource types Upload Resource data Determine set-up of Sites/Locations. Review location requirements Upload Location data Determine Permissions (users, listed, managers). Determine Permissions (department, site, relationships, resources, plans) Determine how personnel will be expected to participate in business continuity Determine the roles for certain individuals Setup / create Risk Assessment Setup Risk Assessment threats Setup Risk Assessment formulas (Impact and Probability) Setup questions for each threat Create and distribute Risk Assessment Surveys Setup BIAs Not Started In Progress Complete Overdue Setup Outage Impact Rank Setup Outage Impact Type Input BIA data by either BIA wizard or BIA function and worksheet tabs Set-up of plans in the Planning module. Determine whether to upload plans or determine one plan to be used as a template. Determine types of plans needed Review department BC plans Review DR plans Create templates Action Item Determine set-up of Workflows Determine the types of workflows Create workflows Assign workflows to plans Determine set-up of Test and Maintenance Schedules (Plans, Resources, Relationships, Personnel and Departments). Determine the frequency of Maintenance Determine reviewers of Plans Assign schedules to Plans, Tests and ToDo Determine Notification Lists Create specific notification messages and lists Create the training agenda for RPX training. Deliver end-user training. Prepared For By: Ken Bauman Date: June 24, 2019 This proposal expires 90 days from the date above. CONFIDENTIAL AND PROPRIETARY Information in this document is proprietary and has been prepared for the sole use of Pitkin County. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose without the express written permission of Pitkin County and RecoveryPlanner. RecoveryPlanner.com, Inc. 101 Merritt Blvd., Trumbull, CT 06611 USA Proposal in Response to RFP 183.2019 for Adaptive Business Continuity Planning (ABCP) Software WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 1 INTRODUCTION Since 1999, RecoveryPlanner has been providing web-based Business Continuity Management (BCM) software and servioces. The web-based RecoveryPlanner software, RPX, uniquely provides an integrated BCM system for all stages of business continuity planning, disaster recovery planning and incident response. Founded by experts in disaster recovery, business continuity and emergency response, RecoveryPlanner assists organizations with making BCM uncomplicated and will save you time and reduce costs. Hundreds of thousands of users across all industries rely on RecoveryPlanner. Ability to Execute RecoveryPlanner and RPX have received validation as one of the top enterprise BCMP systems in the world by a number of respected industry sources over the recent years: Disaster Recovery Institute International (DRII). RecoveryPlanner has been a winner of multiple prestigious DRII Awards of Excellence:  2012 Service Provider of the Year – RecoveryPlanner, a full-service provider of Business Continuity Management Planning Solutions.  2012 Planning Software of the Year – RPX, RecoveryPlanner’s web-based BCM software.  2019 Product/Service Provider of the Year. This Award recognizes the best in Business Continuity and Resiliency products and services developed for business continuity practitioners across all industry sectors. Judges award innovation and quality as well as customer service, staff awareness, training activities, and other strong efforts. Gartner Group. RecoveryPlanner has been positioned in the “Leader’s Quadrant” in all four (2013, 2014, 2016 and 2017) of Gartner’s Magic Quadrant for Business Continuity Management Planning Software reports. In addition, RecoveryPlanner is also the one of the few BCM software vendors that Gartner placed in their 2016 Magic Quadrant for IT Vendor Risk Management. CIO Review. CIO Review Magazine named RecoveryPlanner among the 20 Most Promising Disaster Recovery and Compliance Solution Providers of 2015, and the 20 Most Promising Enterprise Risk Management Solution Providers of 2016! President’s “E” Award for Exports. In 2016, RecoveryPlanner was presented with this award by U.S. Secretary of Commerce Penny Pritzker. The President’s “E” Award is the highest recognition any U.S. entity can receive for making a significant contribution to the expansion of U.S. exports. Recoveryplanner's RPX offers one of the most compelling value propositions in the world for an end-to- end BCMP system, with complete functionality in one easy system delivered via Software as a Service (SaaS) hosting, that includes: unlimited users, support services, maintenance, notification, free continuous online client training and integration web services all for an affordable subscription fee. System History In 1995, the founders of RecoveryPlanner first established an alternate site company that included a Professional Services group, providing consulting for business continuity planning and disaster recovery. At first the consultants used Microsoft Word and Excel to create Plans but found this to be cumbersome, time-consuming and very difficult to distribute. In the late 90’s, as a response to these problems, the founders searched the market for a web-based, easy to use business continuity tool to assist in its planning practice but were not able to find a software solution that met their requirements. As a result, in 1999 the founders began creating software to meet the consultants’ needs and the RecoveryPlanner company was born. The software went on the market in 2001 and today is being used by companies of all sizes and industries globally. RPX has always been a web application that uses the latest development technologies and state of the art development methodologies. Over 2006 and 2007, RecoveryPlanner made a large investment in changing its platform from a .Net environment and releasing its second WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 2 generation of RPX. In August of 2008, the founders sold their alternate site business and began to focus solely on the software and professional services. RecoveryPlanner has received national certification as a Women’s Business Enterprise (WBE) and Woman Owned Small Business (WOSB) by the Women's Business Enterprise Council (WBENC). WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 3 FEATURES AND BENEFITS One Complete BCM Package – All integrated in One Solution RPX is an end to end, comprehensive Business Continuity Management (BCM) solution and consists of all the main Business Continuity (BC) and Disaster Recovery (DR) components:  Risk Assessment & Compliance  Business Impact Analysis with Wizard  Planning – BCP, DR, COOP, Pandemic, etc.  Plan Maintenance  Incident/Exercise Management  Vendor/Contract Management  Crisis Communications  Reports: Customized and Standard  Easy printing of plans and reports into .pdf, Word or Excel  What-if modeling (Scenario Analysis)  Dependencies & Interdependencies  Benefits: o Cost Savings - with RPX there is no need to purchase separate modules or locations because RPX includes all components in one software package. o Centralized Management of Business Continuity (BC) and Disaster Recovery (DR) and incident management o All parts of the planning process are integrated. 1. A single solution allows for universal changes which makes updating easier, faster, more reliable 2. There is no need to go into separate interfaces or to leave one application and go into another just to use different planning components. o Addresses interdependencies and dependencies o Faster results WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 4 Your Plan - Always Accessible. Anytime. Anywhere. By having your plans on the internet, you are assured that everyone has access to the most current plan(s). Distribution is made easy since one just needs to log-on to the internet to have the most recent version of the plan. Real-time crisis management, business resumption, testing and collabora tion between groups are just some of the features that make RPX’s interactive capabilities the best continuity software available today. RPX promotes interactive planning and recovery and encourages collaboration during the development, maintenance and activation of your plans. With RPX your plans are activated in real time to allow people to execute each phase of an incident or test through any internet connected device. This real-time capability allows for central oversight throughout the planning and incident activation process. RecoveryPlanner has always provided a web-based BCP software. RPX exploits the full capability of the Internet and brings Business Continuity software to a new level, meeting today’s high demands for business continuity. Today’s web technologies referred to broadly as Web 2.0, promotes access to information, collaboration and standardized integration between applications. RPX introduces “BCP 2.0”, taking the pillars of Web 2.0 and applying them to Business Continuity and Disaster Recovery.  Benefits: o Real-time planning and response o Interactive testing and events o Collaborative planning and maintenance o Easy distribution of plan(s) o Quick access to the most current plans o Access anytime, any-place – just need the internet o Allows for central oversight o Advanced communications o Automates the entire BCM process o If needed, make updates on the fly during an incident and users have access to these changes in real-time Unlimited Concurrent License Included in a RPX subscription is unlimited concurrent Users. With unlimited users concurrency there is no need to be concerned about who to name as a user or who is allowed to access the system at any given time. There are many built in controls to manage access into and throughout the system.  Benefits: o Promotes collaboration during the planning and maintenance process o Improves communications between those involved with planning o Promotes and brings greater awareness of BCP within an organization o Allows everyone to be part of an event or exercise. Your recovery won’t be restricted by software licensing limitations. When disaster strikes or if you are conducting an exercise, those responsible for your organization’s continuity will be able to communicate, collaborate and conduct real-time crisis management and business resumption activity. o Costs are fixed and predictable for the term of your agreement. No need to obtain funding for unexpected increased use of the system WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 5 BCP Methodology / Compliance Plan according to your methodology or use RPX’s proven methodology while meeting regulatory requirements and audits. RPX is developed with the assistance of certified business continuity planners based upon pertinent regulations, best practices, trends in the industry and feedback from RecoveryPlanner’s clients and the marketplace. RPX incorporates BCP best practices, standards and frameworks, such as the DRII (Disaster Recovery Institute International) and BCI best practices, the BS 25999/ISO 22301 standard, and US regulations, such Sarbanes-Oxley, and has passed internal and external audits.  Benefits: o Highly scalable o Customizable interface and reports o Developed by Certified Business Continuity Planners o Assists organizations with meeting BCP related regulations o Follows BCP best practices, standards and frameworks o Incorporates trends in the industry o With RPX you are getting RecoveryPlanner’s experience in BCP and DR o Keeps you current with BCM requirements, best practices and trends Ease of Use RPX was designed with easy in mind. A single, intuitive interface that is easy to use and to learn. Templates and industry specific content included. Navigation is easy and familiar utilizing context menus, hyperlinks and breadcrumbs. Customization is permitted throughout the system, including fields and reports. RPX has language support for English, Spanish, French, Portuguese and Russian, with others such as Arabic and Chinese on the roadmap.  Benefits: o Promotes retention o Helps simply the complexities of BCM o System Admins can learn the system in a matter of days, plan managers in a matter of hours and users do not even need training. o Faster implementation Easy Implementation RPX provides multiple ways to get your information loaded into the software, ranging from manual input to batch uploads to automated synchronization from other applications via our web services API (Integration). Additionally, RPX has a proprietary feature for uploading MS-Word documents called “MS- Word Uploader,” that will automatically upload all text, tables and embedded images within MS-Word documents. Excel spreadsheets are uploaded through batch uploads. Other Excel, Visio, PowerPoint files, and all other types of files can be attached anywhere in the system and can be automatically synced with your files on your network.  Benefits: o Worry-free implementation o Rapid deployment o Easy Data Migration o File and Folder Syncing MANAGE COMMUNICATE RECOVER WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 6 If RecoveryPlanner hosts RPX for you (SaaS), you will not have to worry about software installation because we will do it for you. There will be no need to purchase any additional hardware or software and you do not need to have any of your personnel resources implement the system. R PX has been successfully deployed in hosted sites since 2001. Our SaaS environment eliminates the need for significant installation management and infrastructure investment/administration. From a disaster recovery standpoint, your plans and data are safely stored remotely from your corporate servers. We have the technology and processes in place that makes configuring your site quick and seamless.  No need for equipment procurement, setup or internal maintenance  Lowest Total Cost of Ownership  Availability of BCP software is unaffected by client IT outages For an on-site license, you will receive the documentation for installation and configuration of the RPX software on your production hardware. Our technical and professional services staffs are both highly experienced in project management and will bring their expertise to fulfill your installation needs. Because our software was developed using platform independent technologies, our clients have flexibility in deployment, including virtualization technology, operating system, application server and database server. RecoveryPlanner can customize RPX to fit your environment.  Flexibility to run on corporate standard environments  Multiple database options Included in your set-up is comprehensive train-the-trainer training. Our Training session(s) have been modified throughout the years to best maximize your employees’ time to ensure successful implementation of your plan(s). The train-the-trainer session provided with setup has proven to enable our customers' independence, success on the system and flexibility to fit the needs of their organizations. Communications RPX provides a variety of functionality and features to promote communications during the planning, maintenance, testing and incident management of your plan(s), such as: internal and external message boards, automatic notifications to any type of communication device, create to do’s and be automatically notified when complete, change control features, RSS feeds, bookmark pertinent links, plan update and contract expiration notifications.  Benefits: o Planning and Updating o Promotes collaboration o Easier updating o Greater automation for more reliable and current plans o Event and Test Management o Communicate quickly and effectively with employees, vendors and other stakeholders during an emergency o Back-up to communications already in place o Central place to communicate o Creates Audit Trials o Provides automatic documentation o Facilitate crisis communication management during an incident WEB-BASED PLANNING SOFTWARE Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 7 Robust Security and Reliability RecoveryPlanner hosts the software in SSAE16 SOC2, Type II and SOC3, FedRamp Certified facilities in separate infrastructures in the U.S., Canada and Europe. Each environment has multiple data centers located in multiple geographically-distant regions, with the datacenters configured in an Active/Active state. RecoveryPlanner’s platform takes advantage of highly reliable virtualization technology. Client sites are protected by User Authentication features, extensive user-defined permission settings and a variety of access rights. RecoveryPlanner participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. RecoveryPlanner follows an ISO 27002 Security Policy, has extensive monitoring in place and performs disaster recovery testing and stress testing regularly.  Benefits: o High Performance o High Reliability o Strong security to protect your data Dedicated and Caring Customer Support With RPX you are not just buying the software but you are purchasing the RecoveryPlanner team, which includes their expertise in RPX, web applications and BCP. RecoveryPlanner’s customers are an integral part of RPX’s development by meeting at the monthly User Group meetings and submitting requests to the RecoveryPlanner support.  Benefits: o Unlimited Help Desk Access to a pre-defined number of Users for technical and planning inquiries o 24/7 Emergency support (during testing and an activated incident) provided at no charge o Free on-line training sessions offered to clients on various RPX topics o RPX’s extensive On-line Help will promote ease of use  On-line training for specific topics  On-line screen by screen and context-sensitive help  On-line help videos Professional Services In addition to our BCM software, RecoveryPlanner can assist you with all areas of your business continuity management (BCM) program. With our seasoned, certified Business Continuity Planners with “Real World” industry experience, we will ensure that your risk assessments, business continuity planning and/or disaster recovery is performed with the highest quality and achieves your goals. When you engage a consulting firm, you primarily hire the people. That’s why we make it a practice to have experienced practitioners closely involved in each engagement. We will assemble a highly qualified engagement team with significant experience to meet your needs. It is RecoveryPlanner’s policy to consistently maintain the same staff on engagements to ensure continuity to the client. Since 1995, RecoveryPlanner’s certified Business Continuity Planners have designed plans for all facets of the recovery and continuity process for organizations of all sizes, in a variety of industries. Our expert planners can create or assist you with any part of the BCM process, such as:  Business Impact Analysis (BIA)  Maintenance of Plan(s)  Risk Assessment  Awareness Program  Business Continuity Plan (BCP)  Plan Testing and Exercise  Disaster Recovery Plan (DRP)  Audit Assistance  Incident Response Plan  Current Plan Review and Update  Additional RPX training  Recovery Strategies COST SUMMARY Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 7 Cost Effective Solutions RPX’s price/performance is unmatched. Enjoy one complete mature BCM software package with unlimited users and support. Pricing is based on a three-year commitment. RecoveryPlanner offers two deployment options – SaaS (RecoveryPlanner hosts) and Site License (Customer hosts). Site License pricing can be provided upon request. The prices listed in this proposal do not include sales tax. Customer is responsible for all applicable sales tax. RPX SaaS – RecoveryPlanner hosts the RPX software. Paid annually: $11,940.00 per year Your subscription includes:  An unlimited license to the RPX software that includes all BCM components  Hosting – infrastructure, security and performance  Maintenance of the software  Automatic email and email-to-SMS (text)* messaging notifications  Unlimited access to the Help Desk by 5 Users  Free on-line training along with video training and other help included in the software  First 50 licenses for RPX Mobile App  Set-up Fees with RPX SaaS Option The set-up fee is a one-time fee of $5,000.00, which covers:  The set-up of your RPX site  Technical assistance with data migration, such as, batch uploads and MS Word Uploader, web services API integration assistance, Active Directory syncing for personnel and authentication, Single Sign-on (SSO) and syncing of your network folders & files. For plan migration, optional professional consulting services are available and applicable fees would apply.  Train-the-Trainer Training. Sixteen (16) hours of training is provided that covers the functionality of the software and BCP consulting on plan implementation. Training is available at your location (2 days) or over the Internet (this can be smaller 1 to 3-hour sessions). Travel expenses are not included and are the responsibility of customer. COST SUMMARY Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 8 Optional Services  Professional Services Consulting services for Business Continuity, Disaster Recovery, Migration, as well as additional Implementation and RPX Training by certified Business Continuity Planners is available. Professional services can be obtained at the daily rates indicated below. Rates do not include travel and living expenses. Project scoping and associated pricing can be provided upon request. Number of days Daily rate 1-9 $1,500 10+ $1,200 Our experience has shown that many organizations have been able to take advantage of our migration tools delivered with RPX and the assistance/training that is provided with the RPX setup fee (see Cost section above) to migrate much of their data and plans from existing Word documents or other software products during our standard RPX setup services. Since we find that our standard setup services often cover the entire implementation effort, it is difficult to estimate how much additional assistance would be needed by Pitkin County, if any. If additional data or plan migration services, or other BCM professional services are desired, we would require knowledge of the amount of data, number of and complexity of the plans to be migrated, as well as a review of a typical plan in order to scope the project and provide an accurate quote. If these additional services are desired, a detailed project plan, including phases, key tasks, deliverables, key decision points, milestones and approximate durations can be provided. These services, including the training delivered with setup services, can all be conducted on-site, if desired. As an alternative to a fixed project or fixed SOW, many of our clients often opt to contract for a block of consulting days to be used for various services on an as-needed basis, such as additional implementation/migration assistance, additional training, conducting BIAs, conducting tabletop exercises, etc. These services can be performed remotely (on-line) in increments as small as one hour or on-site (expenses not included) in increments of 8 hours minimum, giving you the flexibility to use at your discretion. A sample of a typical range may be from $7,500 (5 days) to $36,000 (30 days). COST SUMMARY Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 9  Voice Notification. (Email and email-to-SMS text notifications included in RPX) Annual License Fee. The optional Voice Automatic Notification (voice, pagers and native SMS texting) is hosted by a 3rd Party and integrated into RPX. The automatic voice notification add- on can be subscribed to separately at the following annual rates: Optional Voice Automatic Notification Number of Users (contacts) 0-199 200-499 500-999 1000 – 2499 2500 - 4,999 5000 + Price (annually, per user) $8 $7 $6 $5 $4 TBD Service Usage Fee: Service Usage Fees are charged once a voice, native SMS text or pager notification is utilized and is an expense that is passed-thru to the customer. Customer will receive discounted pricing on the Service Usage Fees based on 5 credits annually, per user. Service Usage Fees do not apply to email and email-to-SMS texting notifications. RPX ANS Connectors: To accommodate customers wishing to leverage an existing investment in a current license with a 3rd-party ANS Service Provider, or if they have a preferred provider, RecoveryPlanner provides ANS Connector Software, which we have developed to connect to most of the leading 3rd party ANS software to RPX. Our current RPX ANS Connectors are with: Everbridge, MIR 3, and SendWordNow. These connectors are available for a nominal initial fee and on-going annual maintenance fee to offset our costs for developing, supporting and maintaining the ANS Connector with the particular ANS provider. We can develop RPX ANS connectors to other third-party notification systems on request, for additional fees.  RPX Mobile The RPX Mobile App is an extension of your RPX software. With the RPX Mobile App, your employees have access to RPX when it matters most, even if they are out in the field, do not have access to their PC or even when offline.  Mobile integration with RPX  View/access Plans, files and attachments  Manage/participate in crisis communications  Plans available offline The RPX Mobile App provides a secure approach to the integration of information managed within RPX. It will also allow for the automated download of pertinent materials (Plans, files), management of communications, such as receipt and replies COST SUMMARY Proposal to Pitkin County in response to RFP 183.2019 for AAddaappttiivvee BBuussiinneessss CCoonnttiinnuuiittyy MMaannaaggeemmeenntt SSooffttwwaarree Page 10 to notifications, updating of tasks in real time by team members during an incident, exercise or test, creation of an incident in RPX and sending ad-hoc notifications.. After the initial 50 licenses (included with above price), Annual License Fees for RPX Mobile App: - $12.00 per user per year. Certificate Of Completion Envelope Id: 3CF751BB224D44B992C57B368E793F72 Status: Completed Subject: RecoveryPlanner.com, Inc. | Pitkin County Contract 183.19 for Review and Signature Source Envelope: Document Pages: 41 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 10/10/2019 1:50:19 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp John Loyd john.loyd@pitkincounty.com Chief Technology Officer Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.209.8.15 Signed using mobile Sent: 10/10/2019 1:52:58 PM Viewed: 10/10/2019 3:35:35 PM Signed: 10/10/2019 3:35:50 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2019 11:18:30 AM ID: 8755ee3b-7f8b-419a-b016-b3ca7c9078d3 Company Name: Pitkin County, Colorado Monica Goldstein mgoldstein@recoveryplanner.com CEO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 144.121.2.242 Sent: 10/10/2019 3:35:54 PM Viewed: 10/10/2019 3:48:37 PM Signed: 10/10/2019 3:49:37 PM Electronic Record and Signature Disclosure: Accepted: 10/10/2019 3:48:37 PM ID: fbcd5d54-25a7-423e-aa09-36f0aa5dffda 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 Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 10/10/2019 3:49:41 PM Resent: 10/10/2019 3:49:50 PM Viewed: 10/21/2019 10:26:52 AM Electronic Record and Signature Disclosure: Accepted: 6/21/2019 11:35:47 AM ID: f4b0c7d5-e378-4bad-8806-08d16f6ff44c Company Name: Pitkin County, Colorado Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 10/10/2019 3:49:44 PM 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 10/10/2019 3:49:44 PM Certified Delivered Security Checked 10/10/2019 3:49:44 PM Signing Complete Security Checked 10/10/2019 3:49:44 PM Completed Security Checked 10/10/2019 3:49:44 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 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 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 receive 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. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) 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. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM Parties agreed to: John Loyd, Monica Goldstein, Pitkin County Procurement Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. . To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to 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.