Loading...
HomeMy WebLinkAboutbocc.con.199.202019-12-17 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 40451100.532500 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Chris Padilla County Representative Phone (970) 429-1888 Provide a brief description of the contract: Contract Value Summary: $ 60,000.00 $ - $ - $ 60,000.00 199.20 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 ASE Director of Aviation Executive Recruitment ACS Firm, LLC $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Sole Source Services/Maintenance 11/1/2020 10/31/2021 New Contract Airport Executive search and recruitement of Director of Aviation for Aspen/Pitkin County Airport. Recruitment charges plus reimbursable expenses shall in no event exceed the sum of $60,000.00. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Rev 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract with coversheet to clerk’s office for archiving. 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: Wednesday September 23rd 2020 FROM: Jeff Hembury, Human Resources Business Partner Proposed Contractor: ACS Firm Product/Service: Airport Executive Recruitment Estimate expenditure for the above Product/Service: $ 60,000.00 – Not to Exceed This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: ACS Firm is a minority owned full service recruitment firm which specializes in the Aviation industry. An established presence in the field of recruiting and executive search specific to the unique characteristics of the aviation industry. ACS Firm specialize in boutique recruitment, meaning that they are a small firm which is able to focus their full attention on screening, interviewing, reference checking and communicating with candidates for Executive level positions with Aspen Pitkin County Airport. ACS Firm is a leader in Aviation recruitment when it comes to diversity, with a track record of delivering a candi date pool which includes both minorities and females. As a small firm, ACS are able to offer a highly personalized and customized recruitment experience that larger firms cannot replicate. They have an expertise in the field, the ability to connect with a diverse network of qualified individuals and ability to provide a full service recruitment in coordination with the County. By consolidating our recruiting efforts with one company with this level of expertise in the field, the County will be able to keep consistent messaging and gain efficiencies through limiting the knowledge transfer process to one team. Rev 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk’s check list and send the original signed contract with coversheet to clerk’s office for archiving. 2 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Head Section Head Date!#COUNTY REPRESENTA Date County Manager Reason for Denial: ______________________________________________ !#COUNTY MANAGER SOLE#! Date Airport Controller Chris Padilla Oct-29-2020 Deputy County Manager Oct-29-2020 Rich Englehart Jon Peacock Nov-06-2020 County Manager Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made October 26, 2020 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 ACS Firm, LLC - Chicago, 6177 North Lincoln Avenue, Suite # 227, Chicago, IL 60659 (hereinafter called the “Contractor”) to perform the following work: ASE Director of Aviation Executive Recruitment (“Project”). I. Term of Contract: The term of this Contract is from November 1, 2020 to October 31, 2021. II. Contractor’s Obligations. Contractor shall assist in the recruitment, employment negotiation, and hiring of an Aviation Director for the Aspen/Pitkin County as detailed in the attached proposal. Recruitment activities are anticipated to be completed by late March of 2021 per the included project schedule. Any and all expenditures related to the subject recruitment shall be billed at cost, with invoices attached to respective invoicing. 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 Sixty-Thousand dollars and Zero cents ($60,000.00) 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, 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) Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 2 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. Chris Padilla, Airport Controller will manage the project as the County’s Representative. In the event that Chris Padilla is not available, Jeff Hembury shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. 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 ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor 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. Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 3 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 by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. 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, 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. Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 4 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. 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 Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 5 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  Explosions, Collapse and Underground Hazards  Personal / Advertising Injury  Products / Completed Operations  Liability assumed under an Insured Contract (including defense costs assumed under contract)  Independent Contractors  Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)  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 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 Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 6 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. 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 at least fifteen (15) days prior to 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. Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 7 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 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. Contract # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 8 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: Chris Padilla 0233 E. Airport Road, Suite A Aspen, CO 81611 Email: Chris.Padilla@AspenAirport.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: ACS Firm, LLC - Chicago 6177 North Lincoln Avenue, Suite # 227 Chicago, IL 60659 Phone: (424) 218-9950 Email: Eric@ACSFirm.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 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 # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 9 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 # 199.20 Revision: 2018-06-13 btf Budget Line Item # 40451100.532500 10 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ACS FIRM, LLC - Chicago ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date AIRPORT DIRECTOR APPROVAL: ________________________________________________ Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Airport Controller Oct-29-2020 Chris Padilla Deputy County Manager Rich Englehart Oct-29-2020 Chief Executive Officer Eric Mercado Nov-02-2020 Jon Peacock County Manager Nov-06-2020 1 10/7/20 Elevating the Industry Proposal for Director of Aviation Prepared for: Pitkin County Government & Aspen/Pitkin County Airport (ASE) Prepared by: ACS Firm, LLC (ACS) ACSFirm.com 2 Contents Who We Are ............................................................................................................................. 3 What We Do ............................................................................................................................. 4 Recruitment Team ................................................................................................................. 6 Project Understanding ........................................................................................................ 8 Project Plan & Approach .................................................................................................... 9 Schedule .................................................................................................................................. 12 Fees ............................................................................................................................................ 14 Guarantee ............................................................................................................................... 15 Terms & Conditions ............................................................................................................ 15 Agreement & Authorization ............................................................................................ 15 Elevating the Industry 3 Who We Are ACS Firm, formerly Aviation Career Services (ACS) is a Minority-Owned, full-service human capital management firm for the aviation, transportation and municipal government industries. Mission To strategically develop organizations by providing superior service in diverse recruitment, assessment and adult learning solutions that empower their people and teams. Vision To be recognized as the premier airport recruiter and people developer in the industries we serve; elevating people and disrupting the status quo. Core Values Q Integrity Q Diversity Q Service-Minded Q Knowledge Q Innovation Q Passion We Are Aviation We're rooted in the industry. Having come up through aviation over the last four decades, our select and diverse team of human capital experts understand the industry inside and out. Our team’s experiences lie in starting as a frontline employee and leading through the executive levels of various sized airports, large and small. Adding to this mix, our team are experts in assessment, staff development, adult education and human resources. These unique experiences set us apart from other firms, as experts of aviation human resources and people development. We Know People People are at the center of everything we do. Whether it's identifying the right individual, assessing and developing capabilities or building strategies to retain and motivate, we know what works best. Good people are critical to managing your organization, but high-performing professionals are key to achieving your business and profitability goals. Our team members are expert assessors of employees at various levels including executives, mid-level management and frontline contributors. We’re also certified in a variety of assessment tools to suite any need and budget. ACSFirm.com 4 Diversity is in our DNA Diversity is critical to profitability and success. We are a Minority-Owned full-service human capital firm, comprised of diverse and seasoned executives. Our team’s diversity is demonstrated in ethnicity, gender, age, experience and more. As with all that we do, we embrace this spirit of diversity because it’s the right thing to do for us and for any organization; and we’re proud to be an example of the positivity that sprouts from differences in people. AFFILIATIONS Our firm not only has practical experience in the airport industry, we’re connected to a network of the largest associations in both the aviation and human resources industries. Our experiences with these organizations include being members, special committee members, panelists and expert topic speakers. Our firm’s background, local and national experiences, paired with our practical experience and connections gives us the ability to make the inroads to support our clients. Airport Council International – North America (ACI-NA), American Association of Airport Executives (AAAE), Airport Minority Advisory Council (AMAC), Aircraft Owners & Pilots Association (AOPA), Florida Airports Council (FAC) and the Society for Human Resource Management (SHRM). ACS is represented throughout the United States and headquartered in Chicago, IL. Our regional representation spans the entire United States. What We Do We bring end-to-end solutions in organizational and team Assessments, Adult Learning, and Diverse Recruiting to the clients we serve. This sets ACS apart from the competition, as we view human resources holistically, therefore enabling us to provide our clients with streamlined solutions and a unique strategic value. In our view, our clients benefit from the experience, resources, and insights that our team of industry experts are positioned to provide. Our professionals draw from many specialized skill sets and experiences to provide solutions in the following areas: Assessments Our Assessment Solutions serve to assist our clients as they evaluate, manage, develop, retain and empower their organization’s individuals and teams. From executive leadership to entry- level employees, ACS offers a variety of programs including (but not limited to) human capital Elevating the Industry 5 strategy, organizational assessments, leadership and team assessments, succession planning, executive coaching, employee engagement, business resumption and strategic consulting. Because diversity is critical to any organization’s success, and because we know that individual connections, coaching style, background and experience are different, we are regularly adding to our team of consultants as needed to meet our clients’ needs. Adult Learning We train teams and individuals to excel in the workplace by developing hard and soft skills geared toward their individual needs. Our expertise in adult learning, municipal government and aviation coupled with our educational delivery methods showcase the material to the adult learners in ways that resonate with them. It is also designed to illustrate examples in their respective workplace environments. Our trainings offer the learners a greater opportunity to retain the knowledge and skills as they work to improve performance and achieve excellence. Our Learning Solutions offer strategies, curriculum and a comprehensive selection of coursework in both online training and in-classroom workshops to compliment any organization’s human capital strategy. Certain topics can be tailored for specific audiences including Executives, Board Members, Commissioners, Managers, Supervisors and Front-Line employees. Diverse Recruitment We understand that diversity is critical to any organization’s environment and success. ACS strives and succeeds to engage our clients and the national industry workforce to achieve the most diverse teams the industry can offer. Through our premier full-service recruiting solutions, we recruit high-quality and diverse professionals for our clients every time. Our demonstrated success amounts to sixty (60%) percent of our final candidate pool identifying as minority, female or both. This proven success is easily replicated for any level in the organization. Rest assured that no matter the candidates’ make-up, if they’re not qualified, they don’t make the cut. Our commitment to recruiting high-quality and diverse candidates lies in our client relations and methodology. The amount of time we take to get to know our clients, the level of service we offer them, and the depth in which we evaluate the candidates sets us apart from other recruiting firms active in the aviation sector. Along with our recruiting services, we offer interim management services to the aviation industry. If you have a departure of one of your key executive-level professionals, ACS has the bench strength to support most roles for you on an interim basis. Whether you need an executive or manager, ACS’ network is able to help. ACSFirm.com 6 Recruitment Team The ACS team that will work hand-in-hand with your staff include: Eric L. Mercado, C.M., ACE Project Manager, Recruitment & Selection Location: Chicago, IL Eric founded ACS with the vision of offering a fresh recruiting, leadership development and consulting experience to the airport and aviation industry. His experience spans general aviation, Part 139 commercial service, and shared-use airport management ranging from non-hub to large hub airports. He has managed airports and their operations and maintenance departments as a supervisor and manager while recruiting and developing their respective staff. Eric is a Certified Member, Airport Certified Employee (ACE) – Operations, and ACE – Security, through the American Association of Airport Executives. He holds a Bachelor’s Degree in Aviation Management and Minors in Airport Management & Planning and Spanish from Southern Illinois University Carbondale (SIUC). He also earned his Private Pilot Certificate through the SIUC’s Part 141 Aviation Flight Program. Eric is currently working toward a Master of Business Administration in Human Resource Management from Fitchburg State University. He has also completed several courses in talent acquisition from the University of California Los Angeles (UCLA). Eric is also involved in various organizations including Airport Minority Advisory Council (AMAC), Conference of Minority Transportation Officials (COMTO), ACI-NA, AAAE, National Association of State Aviation Officials (NASAO) and others where he lends his expertise to committees and is a regular speaker on a variety of human capital topics. As the Chief Executive Officer of Aviation Career Services, Eric has led the strategic vision, day- to-day operations, administration and consulting assignments for the firm from its inception. Bill McKeown, MBA, GPHR, SPHR, SHRM – SCP Project Associate, Interviewing & Selection Location: Chicago, IL Bill McKeown has over 25 years of experience in human resources. His experience spans both public and private sector industries. He has worked domestic and international operations for an India-based pharmaceutical company that provides healthcare products and services to global markets across India, USA, Europe, Asia and the Middle East. He also served as the Assistant Commissioner of Human Resources for the City of Chicago, Department of Aviation where he oversaw all human resources functions for an extended staff of approximately 2,000 employees who maintain the daily operations of the Chicago O’Hare and Midway International Airports. Aside from his work in Human Resources, Bill is an Adjunct Lecturer at Lewis University in Romeoville, Illinois where he teaches “Introduction to Strategic Management” for the College of Elevating the Industry 7 Business and “Human Resource Management” and “Labor Relations in the Aviation and Transportation Industries” for the College of Arts and Sciences. Bill received his MBA from the Keller Graduate School of Management and his Bachelor of Science Degree from the University of Illinois. He also earned his Commercial Pilot Certificate through the University of Illinois – Institute of Aviation Part 141 Aviation Flight Program. He is one of only 1,500 Human Resources Professionals to hold both the Global Professional in Human Resources (GPHR®) and Senior Professional in Human Resources (SPHR®) certifications. As part of ACS, Bill adds a great deal of expertise in the areas of public, private and international sectors of human resources, executive-level recruitment and organizational development to the ACS team and its clients. Greg S. Chenoweth, A.A.E., C.A.E. Airport Management Location: Topeka, KS Greg brings nearly 30 years of direct airport management experience with almost 20 of those years as an Airport Manager in Arizona to the ACS team. His background includes the management, staff selection, and development of both general aviation and FAR Part 139 certificated airports. He has a Bachelor of Arts degree in Social Sciences from Wichita State University and has completed numerous graduate level courses specializing in aviation management. He is a licensed private pilot and is certified as both an Accredited Airport Executive (A.A.E.) and a Certified Airport Executive (C.A.E.). Greg’s experience as an airport executive of several facilities coupled with education add tremendous value to his role with ACS. He assists our clients by applying his rich and practical experience, knowledge and understanding of airports and airlines to the varied needs of our clients and professionals. Desiree Perez, M.S. Leadership Assessment & Coaching Location: Port St. Lucie, FL Desiree brings nearly two decades of in-depth Aviation experience to the team. Desiree served as a senior leader in the aviation industry on a global level, leading multicultural customer excellence teams for some of the most recognized airlines, airports, and service providers. Desiree holds a MBA and a Master of Science in Leadership & Strategic Management and is a Professional Coach Certification. Her solid education, experience and strong interest in developing people and teams is a huge asset to the aviation industry and the ACS Team. Desiree’s experience and knowledge of Human Capital development coupled with her Aviation expertise add tremendous value to the ACS Team. ACSFirm.com 8 Ken Greene, MBA Airport Management Location: Tampa, FL Ken Greene has over 30 years of expertise in airport management and leadership of their teams. He began his career at the Port Authority of New York and New Jersey and was one a key team member that was involved in the 911 terrorist attacks on the former World Trade Center Twin Towers. Over the course of his career, he’s worked in some of the largest airport operations including as the Chief Operating Officer for the Denver International Airport. In that capacity, he led the operations, planning, maintenance, security and human resources divisions for the busy large hub airport. Outside of aviation, he has managed and operated his own business and has spent time in the private sector leading operations and teams. Ken earned a Bachelor of Science in Business Administration from Boston University and achieved an MBA in Management from Pace University in New York. Over the years, he’s been active in the Airport Minority Advisory Council (AMAC), Airports Council International – North America (ACI-NA) and the American Association of Airport Executives. As an ACS team member, Ken brings in-depth knowledge of airports, airlines, operations, people and strategy to each of the clients he works with. Project Understanding ACS will partner with the Selection Committee to recruit diverse and world-class candidates with public and/or private sector experience. Working closely with the Selection Committee, ACS will gain an intimate understanding of your culture, strategic direction and priorities. Utilizing this information, ACS will develop a comprehensive recruitment plan that includes candidate requirements and qualities, goals, action items, timelines, assignments, and metrics. The particulars incorporated into the plan will be used during the candidate sourcing phase to field candidates that would fit with the position and the organizational criteria defined by the Selection Committee. While conventional advertisements in professional journals and on websites may be helpful, many of the best candidates must be actively pursued and their interest in a position encouraged. Our experience in and our understanding of the airport industry coupled with our team’s experience and knowledge of high-performing industry sectors provides us insight into potential candidates and sources. Additionally, our relationships with professional organizations and professionals in and out of the industry make us uniquely qualified to develop a strong list of candidates. The following points explain in detail how the ACS team proposes to work with the Selection Committee to meet the goals throughout the entire recruitment process. If requested by the Selection Committee, this plan can be adjusted to better suit your needs. Elevating the Industry 9 Project Plan & Approach Communication & Support 1. Kick-Off Meeting & Expectations: At the start of the recruitment, ACS will meet with the Selection Committee through video conference (unless otherwise requested) to understand the culture, position priorities and strategic direction of the recruitment. We’ll also clarify communication needs, expectations and frequency of communication. 2. Unlimited Communication: We’re able to provide you unlimited communication via teleconference, video conference and/or e-mail. 3. Face-to-Face Meetings: Up to three (3) face-to-face meetings with the Selection Committee. Should additional meetings be requested, we can certainly accommodate the request and would notify you in advance if additional costs would be incurred. 4. Candidate Communication: Provide an e-mail so candidates can communicate with us. 5. Salary Study, Job Description & Benefit Advisement: Included in the professional fee, we’ll conduct an independent salary study for the position to ensure alignment with the type of airport and position. We’ll assist in rewriting the job description (as needed) and provide other advice regarding fringe benefits, relocation trends and other elements of the employment package. 6. Candidate Reimbursement of Expenses: Should there be a need, ACS is able to coordinate reimbursement of candidate expenses and make timely payment to them on your behalf. 7. Candidate Notification: Notification to candidates of their status in the recruitment process. Advertising & Outreach 8. Recruitment Profile: Development of full-color recruitment profile announcing the recruitment, description of candidate requirements including qualifications, attributes, experience and personal characteristics along with key criteria for success in the role and information about the organization and the area. 9. Advertising (Career Opportunity Announcement): We are able to source candidates from our internal database of airport and “other” industry professionals as well as our connections within and outside the aviation industry. We intend to conduct a successful and broad nation- wide advertising campaign to include advertisements, placement of recruitment profile on our website, direct contact and announcements in airport/aviation related specific trade and professional association websites and periodicals, discipline specific media, social media, and targeted outreach via phone, e-mails and conferences. 10. Targeted Outreach: We have a comprehensive database of aviation and non-aviation professionals which we intend to reach out to on behalf of this recruitment. Our personal outreach to targeted professionals (typically the passive candidates) using our database of over 9,000 contacts produces highly qualified and diverse candidates for our clients. 11. Candidate Engagement: One of our key differences is our focus on candidate engagement. Engaging with the potential candidates in various ways is key to understanding the true person/professional. The more we engage with them, the better we get to know and understand them. That said, we work to engage candidates via email, text, phone, video ACSFirm.com 10 conference and in-person as we are able. Our interviews are a key engagement point where two to three (2-3) ACS team members communicate and evaluate the candidates for an extended period of time. Utilizing the feedback from each engagement allows us to better understand their ability to be the “right fit” for your organization. Candidate Screening & Preliminary Interviews 12.Application Intake and Screening: With our use of technology, candidates are able to apply via our website applicant tracking system in one easy-to-use format. They are able to complete our online application and submit their cover letter, resume and other supplemental documents on our site. The added benefit to this technological use is the candidate submits all their materials in one location and they are dated and time stamped in our system. Should the Selection Committee discover candidates and/or receive applications, they are asked to forward all candidates and materials to ACS for processing. Further any internal candidates should be processed in the same manner as externally developed candidates. 13.Supplemental Questions: ACS will develop supplemental questions for select candidates to complete. This will allow us to gain a greater understanding of their writing skills and experience in key areas and potential challenges of the position. 14.Preliminary Interviews: ACS will conduct telephone and/or video conference (preferred method) screening with preliminary candidates. Assessments, Background Checks, Final Report & Presentation 15.Assessment Testing: In order to gain a greater understanding of the final candidates that will proceed to the next level in the process, ACS uses a battery of leadership assessment tests. The most common tool we use is the Hogan Assessment Series which provides in-depth information and insights into how the professional may be observed to lead on a daily basis, how they might respond under stress and what are the key motivating drivers of their personality. 16.Background Checks: ACS will conduct preliminary background investigations on the shortlisted candidates (typically up to 5 per position). Investigations may include education verification, media, driving, residential, motor vehicle report, social security number verification, civil suit checks, credit checks and preliminary reference checks as appropriate. 17.Introductory Videos: As part of the Final Recommended Candidate Report, our team records the final recommended candidates during a one-sided viewing process. During this process, the respective candidate is displayed on the screen alone, while an ACS team member asks the candidate a series of questions to provide the selection committee reviewer a holistic introduction into individual and their career path. This video introduction is approximately ten to fifteen (10-15) minutes of video time where each of the finalist are asked the same series of questions under similar conditions. It allows you as the client an opportunity evaluate the candidate by viewing and listening to them present on various topics 18.Final Recommended Candidate(s): We’ll produce a packet that will provide an overview of the process with information such as the locations advertised, the efforts placed on targeted outreach, the total number of applications received and a complete picture of the top candidate and/or candidates, most qualified to proceed to the next phase of the recruitment process with the Selection Committee. The final candidate portion of the report would include in-depth Elevating the Industry 11 information and insights as well as qualitative data gathered during the screening process. This information includes, the initial application materials, resumes, supplemental questions, assessments, background results and other critical information gathered during the screening process. We also provide our clients with links to introductory videos for each of the shortlisted candidates. During the video clip, you’ll be able to place the person with the information you read about them. Collectively, the information in the entire report will describe the process we used to provide the Selection Committee the final recommended candidate(s) for further review and interviewing. 19.Client Presentations of Final Recommended Candidates: During this process, our team is either on-site to deliver an in-person presentation or alternatively, we can provide this via a video conference meeting. This portion of the process is used to provide feedback regarding the final candidate(s) and the overall process. Our goal would be to provide you a high-level review of the process and answer any questions to assist you in making a selection of final candidates to invite for an in-person interview. Final Interview Coordination & Guidance 20.Final Interviews: Assist the Selection Committee as specifically requested with interview evaluation forms and exercises (as requested). 21.Candidate Evaluation Guidance: Provide the Selection Committee guidance, evaluation and measurements of candidate qualifications as requested. 22.Employment Verification: ACS will complete employment verification and reference checks on the final candidate chosen by the Selection Committee. 23.Press Release: Upon request from the Selection Committee, ACS will develop a press release introducing the selected candidate for dissemination as requested by the Selection Committee. Other Services 24.On-Boarding & Team Building Assistance: Due to the nature of new leadership in an organization, we highly recommend the Selection Committee utilize our on-boarding and team building assistance for the selected candidate, leadership and their team. Through this service, we would be able to ensure a smooth introduction with the selected candidate to the leadership as well as the teams this person will lead. This service assists the organization, the selected candidate and the existing team in knowing and understanding one another right away; ultimately achieving rapid organizational success, cohesive work environment and longevity in the role (additional fee is explained at the end under the Fee section). 12 10/7/20 Elevating the Industry Schedule We have developed a draft project timeline for the recruitment in order to provide you with a shortlist of up to six (up to 6) candidates by the end of February 2021. Given the need for a selection in the middle to end of March, we have extended our typical schedule to meet that request. The finalized timeline will be specifically tailored to suit the Selection Committee’s needs after discussion with you. We ask that the finalized timeline remain adhered to for success with the project as well as the ability to keep potential candidates in the candidate pool. Draft Project Schedule Tasks Week of Nov 1-15 Nov 15 Nov 22 Dec 31 Jan 3 Jan 10 Jan 17-24 Jan 24 Jan 31 Feb 7 Feb 14 Feb 21 Feb 28 Mar 7 Mar 14 Recruitment Profile, & Salary Comparison. Kick-Off Meeting. Advertising Period & Active Recruitment. Candidate Screening. Develop Candidate Shortlist and Schedule First Interviews. ACS Conducts Initial Interviews via video conferencing. ACS Narrows Candidates to top 6 for ASE Review. ASE Reviews & Narrows Candidates to 2- 3 Finalists. ACS Administers Background Checks and Assessments on up to 3 Candidates. Prepare and Deliver Final Elevating the Industry 13 Report on up to 3 Candidates. Video Call Presentations and Narrow Finalists for In- Person Interviews. ACS Final Interview & Meet & Greet Scheduling and Preparation. Final Interviews. Conduct Negotiations. 14 10/7/20 Elevating the Industry Fees Professional Fee: 25% of first year hiring salary + potential bonus Installments shall be paid as follows: 1)1/3 is due within 15 days of contract signing 2)1/3 is due within 45 days of contract signing 3)1/3 is due upon contract completion (offer has been accepted by candidate and/or no later than 30 days after submission of final report.) Special Note: Should payment date exceed the set deadlines as listed, a $200 late fee and 1.75% interest will be applied to the amount past due. If account is 15 calendar days past due, ACS shall have the right to suspend work until account is brought current. Any suspension of work will modify the project schedule. Expenses: Expenses will be invoiced at cost. Q Expenses shall be paid as invoiced. The expenses include such items as advertising, printing, shipping and postage, travel for ACS (air fare, lodging, meals, ground transportation) sourcing, testing, background checks, interviewing and any other related items as listed in the proposal. Note: this amount does not include reimbursement of candidate travel and lodging to and from interviews with the Selection Committee. As previously noted in the proposal, ACS is able to assist in expediting reimbursement of travel, rental car meals and other approved expenses to the candidates. This service would be a direct pass-through cost for candidate expenses. Given your relationships with the local hotels, we’d ask if you would please arrange hotel stays and payment for the candidates. Additional Fees (Upon Request) Q Candidate Expenses Reimbursement (as noted in Item #6): o ACS would reimburse candidates on approved travel expenses exclusive of hotel. We ask that given your relationships with local hotels, if you would be able to arrange hotel stays and associated payment. Q On-Boarding & Team Building Assistance (as noted in Item 24): o Due to the many forms this service can take, we can discuss options for the Selection Committee to review and offer discounted pricing of at least 15% due to the multiple services associated with this recruitment. Elevating the Industry 15 Guarantee This full-service search qualifies the client for another ACS benefit, our no-hassle guarantee. It’s important to note that we do not prorate our guarantee. That said, if the candidate chosen from the ACS recommended candidates is hired (other than an internal candidate) and leaves or is terminated for cause within the first year of employment (excluding employment termination as a result of health-related issues), ACS will conduct another search to replace that individual at no additional cost to the client, other than expenses associated with the additional search. Terms & Conditions A)Term Duration: The term of this agreement is for one (1) year from the signature date of ACS Firm’s Authorized Signer. B)Individual Recruitment Duration: Each recruitment will have a project timeline that we coordinate with you. We intend to follow the timeline as best as possible to successfully secure a candidate(s) for you. C)No Selection, Halt and/or Cancellation of Individual Positions: If the client is unable to make a selection within 45 days after final candidate presentation, 100% of the project fees and associated expenses will be due within 15 calendar days of notice of project completion. a.If client wishes to halt and/or cancel services on any position prior to the project completion, 50% or the amount for the work performed (whichever is greater) of the Professional Fee for the position(s) and any Expenses will be due to ACS Firm, LLC within 15 calendar days of written notification of halt and/or termination. D)Agreement Cancellation: Should either party wish to end this agreement, a 30-day written notice is required, at which time, the work shall cease, and ACS shall be paid for the work performed through the termination period, but no less than 50% of the fees per position (whichever is greater) in addition to any expenses. ACSFirm.com 16 Thank You Point of Contact Eric L. Mercado, C.M., ACE CEO Chicago 424.218.9950 6177 N. Lincoln Ave. #227 Eric@ACSFirm.com Chicago, IL 60659 www.ACSFirm.com Certificate Of Completion Envelope Id: 0B237B662F05495C85275685BD02D4E5 Status: Completed Subject: ACS Firm, LLC | Pitkin County Contract 199.20 for Review and Signature Source Envelope: Document Pages: 29 Signatures: 7 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: 107.77.198.188 Record Tracking Status: Original 10/28/2020 11:45:46 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Chris Padilla chris.padilla@aspenairport.com Airport Controller Aspen/Pitkin County Airport Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 10/28/2020 12:33:13 PM Viewed: 10/29/2020 11:52:37 AM Signed: 10/29/2020 11:52:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rich Englehart Rich.Englehart@PitkinCounty.com Deputy County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.34.180.169 Sent: 10/29/2020 11:53:00 AM Viewed: 10/29/2020 9:52:21 PM Signed: 10/29/2020 9:52:39 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Eric Mercado Eric@ACSFirm.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 71.57.73.141 Sent: 10/29/2020 9:52:42 PM Viewed: 11/2/2020 1:27:41 PM Signed: 11/2/2020 5:31:09 PM Electronic Record and Signature Disclosure: Accepted: 11/2/2020 1:27:41 PM ID: 7a2dce4f-1f07-46e4-8146-bef9c1a92993 Company Name: Pitkin County, Colorado Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 75.71.107.170 Sent: 11/2/2020 5:31:13 PM Viewed: 11/6/2020 7:53:09 AM Signed: 11/6/2020 7:53:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 11/6/2020 7:53:48 AM Resent: 11/6/2020 7:54:02 AM Viewed: 1/26/2021 12:33:59 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 11/6/2020 7:53:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Hembury jeff.hembury@pitkincounty.com HR BP Security Level: Email, Account Authentication (None) Sent: 11/6/2020 7:53:55 AM Viewed: 11/6/2020 8:12:38 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/28/2020 12:33:13 PM Certified Delivered Security Checked 11/6/2020 7:53:09 AM Signing Complete Security Checked 11/6/2020 7:53:45 AM Completed Security Checked 11/6/2020 7:53:55 AM 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 you with 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 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, acknowledgments, 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: 3/20/2020 3:28:13 PM Parties agreed to: Eric Mercado 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 Helpdesk@provelocity.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 Helpdesk@provelocity.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 Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.