HomeMy WebLinkAboutbocc.con.027.202019-12-17 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 40451150.546500
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:
$ 36,000.00
$ -
$ -
$ 36,000.00
027.20
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
Airport Website Redesign
VR Interactive Media, LLC dba TMBR
$ 36,000.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 36,000.00
Informal
Services/Maintenance
4/1/2020
8/31/2020
New Contract
Airport
Airport Website Redesign
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Contract # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
1
PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made January 24, 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 VR Interactive Media, LLC dba TMBR, 125 Scott Lane, Suite 2, Jackson, WY
83002 (hereinafter called the “Contractor”) to perform the following work: Airport Website
Redesign (“Project”).
I. Term of Contract: The term of this Contract is from April 1, 2020 to August 31, 2020.
II. Contractor’s Obligations. Contractor shall design and build a new website for the
Aspen Pitkin County Airport. Project deliverables and schedule are outlined in the
attached Statement of Work, dated January 31, 2020.
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
Thirty-Six Thousand dollars and Zero cents ($36,000.00) 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 will require a
deposit of 30% of the project total to start the project. An additional 30% will be billed
upon wireframe approval. An additional 30% will be billed upon design approval. The
final balance will be billed upon project completion. All payments will be due within
Thirty (30) days of invoiced date. Any payment by the County may be offset by any
amount the Contractor owes to 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, and is understood by the Parties to be a
work-for-hire. 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
Contract # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
2
professional presentations, articles, speeches and other business purposes, including,
but not limited to Contractor's Web Site and social media accounts.
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 Project Lead is not available, an
authorized designee 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, and
Contractor will provide these materials to County within ten (10) business days of final
payment, as described below. 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.
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 # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
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 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 # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
4
XII. Insurance. Insurance shall be maintained throughout the course of this Contract in the
coverage amounts indicated in the Contractor’s Certificate of Insurance, included
herein as Attachment B.
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. 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.
XV. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
XVI. 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.
XVII. 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 # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
5
XVIII. 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
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:
VR Interactive Media, LLC dba TMBR
125 Scott Lane, Suite 2
Jackson, WY 83002
Phone: (307) 200-0087
Email: brian@wearetmbr.com
XIX. 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
Contract # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
6
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.
TMBR TERMS
This statement of work provides a labor budget of the outlined task, project budget
and scope are subject to change during development based on any additional
functionality requests that may arise. Any change in budget or scope will be
communicated with the client.
TMBR will require a deposit of 30% of the project total to start the project. Another
30% will be billed upon wireframe approval. Another 30% will be billed upon design
approval. The final balance will be billed upon project completion.
The project may be terminated in writing with 10-day notice from either party. If
terminated, CLIENT will be responsible to pay for the completed and accepted project
phases.
CLIENT may take up to 10 business days to review completed project phases for
acceptance.
Copyright to the finished website produced by TMBR will be owned by CLIENT,
including the design and source code. Any repurposing of the design core assets outside
of the website shall be done by or approved by TMBR. TMBR retains the right to
display graphics and other Web Design elements as examples of their work in their
Contract # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
7
respectiveportfolios.
CLIENT agrees to provide content (text, graphics, photos, designs trademarks or other
artwork furnished to TMBR for use in the project) that is either owned by CLIENT or
that CLIENT has permission from the rightful owner to use. CLIENT agrees to hold
harmless, protect, indemnify and defend TMBR from any liability (including attorney's
fees and court costs), including any claim or suit, threatened or actual, arising from the
use of any content furnished by CLIENT for the project.
The services and the work product of TMBR are sold “as is.” In all circumstances,
TMBR’s maximum liability to CLIENT for damages for any and all causes whatsoever,
and CLIENT’s maximum remedy, regardless of the form of action, whether in contract,
or otherwise, shall be limited to TMBR’s net profit on the project.
In no event shall TMBR be liable for any lost data or content, lost profits, business
interruption or for any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of or relating to the materials or the services provided by
TMBR, even if TMBR has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between TMBR and CLIENT regarding
this Project. Any additional work not specified in this contract or any other amendment
or modification to this contract must be authorized by a written request signed by both
TMBR and CLIENT.
Contract # 027.20 Revision: 2018-06-13 btf
Budget Line Item # 40451150.546500
8
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
VR INTERACTIVE MEDIA, LLC dba TMBR
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
_________________________________________________
Date
Brian Modena
Owner
Mar-12-2020
Airport Controller
Mar-13-2020
Chris Padilla
Mar-13-2020
John Kinney
Airport Director
307.200.0087
125 Scott Lane, Suite 2
P.O. Box 10831
Jackson, WY 83002
Client: Aspen Pitkin County Airport
Project: Website Redesign
Date: January 30, 2020
SCOPE OF WORK
Submitted in support of the RFI response submitted by TMBR and accepted by Aspen Pitkin County Airport
available here.
BUDGET FOR WEBSITE REDESIGN
Deliverable List Budget
Discovery
Deep-dive Discovery & Project Kickoff; Moodboard
$2,000 - $3,000
Onsite Visit
Travel, lodging
$2,500
Wireframes
Homepage and Internal Wireframes (website blueprints)
$2,000 - $3,000
Web Designs
Design Concept (Homepage), 3 Key Internal Pages, Responsive design direction
$9,000 - $10,000
Web Development
Front & Back End Breakout, CMS Customization, Q/A & Testing, Launch &
Post-Launch Support
$11,000 - $13,000
Content Load
Initial Content Load (up to 8 hours), CMS training for client to complete content
load
$1,500
Stock/Image Licensing Budget $2,000 - $3,000
Total $30,000 - $36,000
This scope assumes up to two rounds of revisions per deliverable. Revisions above and beyond this will require budget and
timeline adjustments and be billed at the agency rate of $140/hour.
307.200.0087
125 Scott Lane, Suite 2
P.O. Box 10831
Jackson, WY 83002
OTHER BUDGET CONSIDERATIONS
Fee Cost
Monthly Hosting via WP Engine
Automated backups, plugin updates, content delivery network, security auditing
$45/month +
(Based on monthly traffic)
Annual SSL Security Certificate
Required by Google
$65/year
TMBR will require a credit card on file for the automatic payment of these charges.
PROJECT TIMELINE
Typical website timelines are 3-4 months. This project is planned for 4 months assuming 3-5 business days for
the client to deliver each round of feedback. Delays in delivering feedback will lead to corresponding delays in
the project schedule.
Phase Timing
Discovery* Early April
Kickoff/Onsite Discovery: Week of April 6 or 13
Moodboard Mid-April
1-2 weeks
Wireframes
Mid/Late April
2-3 weeks
Web Designs May
2-3 weeks
Web Development June - Mid-July
6-8 weeks
Content Load, Training, Testing Early July
2 weeks
Web Launch Mid/Late July
1 day
* Assumes signed contract received by February 15. Assumes deposit payment received no later than February 29.
307.200.0087
125 Scott Lane, Suite 2
P.O. Box 10831
Jackson, WY 83002
PROJECT TERMS
This statement of work provides a labor budget of the outlined task, project budget and scope are subject to change during
development based on any additional functionality requests that may arise. Any change in budget or scope will be
communicated with the client.
TMBR will require a deposit of 30% of the project total to start the project. Another 30% will be billed upon wireframe
approval. Another 30% will be billed upon design approval. The final balance will be billed upon project completion.
The project may be terminated in writing with 30-day notice from either party. If terminated, CLIENT will be responsible
to pay for the completed and accepted project phases.
CLIENT may take up to 10 business days to review completed project phases for acceptance.
Copyright to the finished website produced by TMBR will be owned by CLIENT, including the design and source code.
Any repurposing of the design core assets outside of the website shall be done by or approved by TMBR. TMBR retains
the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.
CLIENT agrees to provide content (text, graphics, photos, designs trademarks or other artwork furnished to TMBR for
use in the project) that is either owned by CLIENT or that CLIENT has permission from the rightful owner to use.
CLIENT agrees to hold harmless, protect, indemnify and defend TMBR from any liability (including attorney's fees and
court costs), including any claim or suit, threatened or actual, arising from the use of any content furnished by CLIENT
for the project.
The services and the work product of TMBR are sold “as is.” In all circumstances, TMBR’s maximum liability to CLIENT
for damages for any and all causes whatsoever, and CLIENT’s maximum remedy, regardless of the form of action, whether
in contract, or otherwise, shall be limited to TMBR’s net profit on the project.
In no event shall TMBR be liable for any lost data or content, lost profits, business interruption or for any indirect,
incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services
provided by TMBR, even if TMBR has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between TMBR and CLIENT regarding this Project. Any additional work
not specified in this contract or any other amendment or modification to this contract must be authorized by a written
request signed by both TMBR and CLIENT.
SCOPE ACCEPTANCE
TMBR Creative Agency CLIENT: Aspen Pitkin County Airport
NAME:NAME:
SIGNATURE:SIGNATURE:
DATE:DATE:
Certificate Of Completion
Envelope Id: DA46DF94FFCF4F978DEC37E0544594D7 Status: Completed
Subject: 027.20 TMBR Website Design and Development
Source Envelope:
Document Pages: 13 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Jennifer Mitchley
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
jennifer.mitchley@aspenairport.com
IP Address: 50.209.235.201
Record Tracking
Status: Original
3/12/2020 10:08:47 AM
Holder: Jennifer Mitchley
jennifer.mitchley@aspenairport.com
Location: DocuSign
Signer Events Signature Timestamp
Brian Modena
brian@wearetmbr.com
Owner
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 207.183.166.169
Sent: 3/12/2020 10:12:58 AM
Viewed: 3/12/2020 11:21:30 AM
Signed: 3/12/2020 2:24:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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: 50.209.235.201
Sent: 3/12/2020 2:25:01 PM
Viewed: 3/13/2020 10:52:09 AM
Signed: 3/13/2020 10:53:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
John Kinney
john.kinney@aspenairport.com
Airport Director
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 3/13/2020 10:53:38 AM
Viewed: 3/13/2020 11:58:52 AM
Signed: 3/13/2020 11:59:01 AM
Electronic Record and Signature Disclosure:
Accepted: 3/23/2020 8:57:00 AM
ID: 85d6f6da-5521-4fd1-8e3a-09403523f9d6
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
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 3/13/2020 11:59:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Evelyn Cruz
evelyn.cruz@aspenairport.com
Aspen/Pitkin County Airport
Security Level: Email, Account Authentication
(None)
Sent: 3/13/2020 11:59:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pitkin County Procurement
procurement@pitkincounty.com
Procurement
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 3/13/2020 11:59:04 AM
Viewed: 1/26/2021 1:55:18 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 3/12/2020 10:12:58 AM
Certified Delivered Security Checked 3/13/2020 11:58:52 AM
Signing Complete Security Checked 3/13/2020 11:59:01 AM
Completed Security Checked 3/13/2020 11:59:04 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: John Kinney
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.