HomeMy WebLinkAboutbocc.con.255.202019-12-17 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 41652100 .561000
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 Cathy Hall County Representative
Phone (970) 429-2882
Provide a brief description of the contract:
Contract Value Summary:
$ 40,000.00
$ -
$ -
$ 40,000.00
255.20
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
Alternative Daily Cover Materials
Profile Products, LLC
$ -
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ -
Sole Source
Goods, Equipment, Supplies
3/1/2020
1/31/2021
New Contract
Solid Waste Center
Contract to profile alternative daily cover material. NTE $40,000.00 for term specified.
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: December 31, 2020
FROM: Cathy Hall, Solid Waste Center Director
Proposed Contractor: Profile Products
Product/Service: Alternative Daily Cover
Estimate expenditure for the above Product/Service: $ 40,000.00
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:
Profile Products is the only manufacturer of this material for use as alternative daily cover at the Solid
Waste Center. This product is approved by the State for use and we have used this product for over 5 years
now.
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
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager
Reason for Denial:
______________________________________________
!#COUNTY MANAGER SOLE#! Date
Solid Waste Director
Jan-19-2021
Cathy Hall
Jan-21-2021
Public Works Director
Brian Pettet
Jon Peacock
County Manager
Jan-29-2021
REMIT TO:
CUSTOMER:INVOICE DATE:INVOICE NUMBER:PAGE:
SOLD TO:SHIP TO:
DATE SHIPPED:PROFILE ORDER NUMBER:
CUSTOMER PO:PAYMENT
TERMS:FOB:
SHIP VIA:CARRIER:
SHIP TERMS:VEHICLE ID:
LINE
NO
PRODUCT NUMBER
DESCRIPTION U/M QUANTITY UNIT PRICE U/M EXTENDED PRICE
TOTAL SALES:
TAX AMOUNT:
TOTAL AMOUNT:PAYMENT DUE BY:
www.profileproducts.com ORIGINAL
PDFINV
NOTE-OUR REMITTANCE ADDRESS HAS CHANGED (SEE REMIT TO ABOVE)
PROFILE Products LLC.
750 Lake Cook Road, Suite 440
Buffalo Grove, IL 60089
847-215-1144
PROFILE Products LLC.
36443 Treasury Center
Chicago, IL 60694-6400
237286 03/16/20 391415 RI 1
PITKIN COUNTY LANDFILL
76 SERVICE CENTER ROAD
ASPEN CO 81611
PITKIN COUNTY LANDFILL
32046 HIGHWAY 82
SNOWMASS VILLAGE
ASPEN CO 81615
03/13/20 275591 SO
VERBAL CATHY
SHIPPING POINT/PREPAID & ADD Net 30 Days from Invoice
VAN 209218 Coyote Logistics
W8362
10 LFTCC BG 880.000 17.6500 BG 15,532.00
Top Coat Cellulose 50#
20 Freight EA 2,874.3600 EA 2,874.36
30 Fuel Surcharge EA 495.6900 EA 495.69
18,902.05
18,902.05 04/15/20
STANDARD TERMS AND CONDITIONS OF SALE
1. Definitions:
Seller means Profile Products LLC or its assigns, with an address of 750 Lake Cook Road, Suite 440, Buffalo Grove, Illinois 60089-2090.
Buyer means the party from whom the Seller receives a bona fide purchase order for products sold by the seller.
Products means those goods and services available to Buyer from the Seller.
2. Sales Agreement. These Standard Terms and Conditions of Sale contain certain terms and conditions that are to be part of the purchase agreement by and between Buyer and
Seller with respect to the sale and purchase of Products. Buyer shall have no obligation to buy and Seller shall have no obligation to sell any Products unless and until Buyer
submits a properly authorized and validly executed purchase order ("Purchase Order") to Seller and a duly authorized representative of Seller accepts the same in accordance
with the terms of said Purchase Order. Upon Seller's acceptance of the purchase Order, the Purchase Order, as accepted, shall constitute the complete agreement between Buyer
and Seller concerning the sale of Products referred to in such Purchase Order(s). In the event of a conflict between the terms of a Purchase Order and the terms in this
Agreement, the terms of these Standard Terms and Conditions of Sale shall control unless the Purchase Order is accompanied by a separate writing, signed by Seller's authorized
representative, expressly indicating that specific requirements contained herein have been superseded by the inconsistent provisions in the Purchase Order. Buyer may deliver
Purchase Orders to Seller from time to time during the term that these Standard Terms and Conditions of Sale are applicable.
3. Prices. Prices are quoted F.O.B. Sellers plant or warehouse unless otherwise mutually agreed by Seller and Buyer. Any tax or other governmental charge which may be now or
hereafter imposed by any Federal, State,or Local authority upon the production sales or delivery by Seller of any goods or services covered by this Purchase Order shall be
paid by the Buyer.
4. Shipment. Seller shall manufacture or cause to be manufactured Products for shipment to Buyer, in accordance with Buyer's purchase orders. Shipments are made F.O.B.
Conover, North Carolina, Limestone, Tennessee or Blue Mountain, Mississippi, on a carrier of Buyer's selection, and carrier will invoice Buyer directly. Shipments shall be
according to Buyer's delivery schedules and shipping instructions. Shipping instructions apply until changed by Buyer. Buyer shall require Carrier to contact Seller when
scheduling pickup dates and times.
5. Payment.
(a) The amount to be paid by Buyer to Seller in exchange for each individual Product shall be specified in the Purchase Order applicable to the sale of each such Product.
Seller shall invoice Buyer for Product as Product is shipped to Buyer in accordance with these Standard Terms and Conditions of Sale.
(b) Buyer shall make all payments with respect to the purchase of Products to Seller at such address as is indicated on Seller's invoice. Buyer shall make all payments
to Seller within thirty (30) calendar days after the date specified on each of Seller's invoices unless agreed to in writing by Seller's authorized representative.
6. Warranty. Seller represents and warrants that its Products are manufactured in accordance with the Product's specifications and that its' Products, at the time of delivery
to the Buyer, shall be free from all material defects. In the event of a breach of the foregoing warranty, Seller's sole obligation shall be, at its option, to refund the
purchase price or to provide Products which conform to this warranty, so long as any deficiencies are reported to Seller within thirty (30) days after discovery thereof, but
in no event later than one (1) year after the date of manufacture. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. FURTHER,
IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY
BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Products for which a warranty claim is made and accepted by the Seller are to be returned transportation prepaid to Seller's factory. Any use not in accordance with Product
directions and precautionary statements, and any modifications or additives to the Products, or any adulteration, dilution or alteration by the Buyer shall void this warranty.
No employee or representative of Seller is authorized to change this warranty in any way or to grant any other warranty.
7. Adequate Assurances of Performance.
(a) Rights of Seller. Seller may demand adequate assurances of future performance from Buyer whenever Seller has reasonable grounds for insecurity with respect to Buyer's
performance. Until it receives adequate assurances of future performance, Seller may suspend its performance under any Purchase Agreements. "Reasonable grounds for
insecurity" shall include, without limitation, the failure of Buyer to make any payment when due. "Adequate assurances of future performance" acceptable to Seller will depend
on the particular facts and circumstances, but may involve (i) changes in payment terms; (ii) payment by a letter of credit; (iii) proof of Buyer's ability to pay; (iv) other
requirements; or (v) any combination of any of the foregoing. If Buyer fails to give adequate assurances of future performance satisfactory to Seller within ten (10) days after
demand, Seller may treat the failure as a repudiation and breach of that portion of any and all Purchase Orders not then fully satisfied and may terminate such Purchase Orders.
(b) Rights of Buyer. Buyer may demand adequate assurances of future performance from Seller whenever Buyer has reasonable grounds for insecurity with respect to the
performance of Seller. "Reasonable Grounds for Insecurity" shall include, without limitation, Seller's repeated failure to produce Products that conform to the Specifications
furnished by Buyer, which are acceptable to seller and agreed in writing. "Adequate assurances of future performance" acceptable to Buyer will depend on the particular facts
and circumstances, but may involve changes in delivery terms. In the event that Seller fails to give adequate assurances of future performance satisfactory to Buyer within
ten (10) calendar days after demand, Buyer may treat the failure as a repudiation and breach of the portion of any Purchase Agreements not then performed, may terminate such
Purchase Orders.
8. Title and Risk of Loss. Title and risk of loss in all goods and services sold hereunder shall pass to Buyer upon delivery to carrier at shipping point.
9. Force Majeure. Neither party shall be in default pursuant to the terms of any Purchase Agreement or liable to the other party for any failure to perform or for delay in
performance with respect to any obligations under or pursuant to any Purchase Agreement (except for obligations to make payment of amounts due and owing) due to acts of God,
acts of public authorities, wars, insurrections, riots, civil disturbances, strikes, lock-outs or labor disturbances, fires, floods, explosions, earthquakes, breakage or accidents to
machinery, or failures or delays of suppliers or carriers, or any other cause, whether the kind enumerated in this section or otherwise, not reasonably within the control of the
party claiming inability to perform. Each party agrees to endeavor to resume its performance under applicable Purchase Order if such performance is delayed or interrupted by reason
of force majeure, but it is understood that settlement of strikes, lock-outs and other labor disturbances shall be entirely within the discretion of the party having the difficulty.
10. Arbitration. Except for non-payment of Seller's invoices by Buyer, all other claims, disputes and controversies with respect to any Product, these Standard Terms and
Conditions of Sale, any Purchase Order, any change order, any Purchase Agreement or performance by any party pursuant to the terms of any of the foregoing shall be resolved
by binding arbitration in Chicago, Illinois by a panel of three arbitrators appointed pursuant to the Rules of Commercial Arbitration adopted by the American Arbitration
Association ("AAA"). The arbitration shall be conducted in accordance with procedures for Commercial Arbitrations adopted by the AAA, as modified herein. All arbitration
awards shall be final and conclusive on the parties, shall be the exclusive remedy for the matters covered by such award and shall be enforceable in all courts and tribunals.
Buyer and Seller each waive all rights to court proceedings in any way related to any claim arising out of, resulting from or in any way connected with these Standard Terms
and Conditions of Sale, any Purchase Order, any change order, any Purchase Agreement or performance by any party pursuant to the terms of any of the foregoing but each party
hereto expressly reserves the right to pursue court proceedings with respect to the enforcement of any arbitration award.
11. Attorney Fees and Expenses. If Seller is required to file suit, pursue arbitration or take other legal action to enforce any of its rights hereunder, including without limitation,
proceedings to collect amounts due Seller hereunder, Buyer shall pay the reasonable attorney fees and expenses incurred by Seller.
12. Applicable Law. These Terms and Conditions of Sale, all Purchase Orders, and all matters hereunder and under any such Purchase Orders, shall be construed under and
interpreted in accordance with the internal laws of the State of Illinois.
13. Notices. Any notices or other communication required or permitted hereunder shall be sufficiently given if delivered in person or sent by national recognized overnight courier
or postage prepaid, to the addresses of the parties as first set forth above. Copies of all notices to the Seller shall be simultaneously delivered to John W. Hilbert II, Esq.,
Shumaker, Loop & Kendrick, LLP, 1000 Jackson Street, Toledo, Ohio 43616.
14. Amendments. No amendment, supplement or modification or these Standard Terms and Conditions of Sale shall be binding unless approved in writing by the parties hereto.
15. Waiver. The failure of either party at any time to require performance by the other party of any obligation hereunder shall in no way affect the full right to require such
performance at any time thereafter nor shall the waiver by a party of a breach of any provision hereof by the other party constitute a waiver of any succeeding breach of any
provision of these Standard Terms and Conditions of Sale or any Purchase Agreement by the other party.
SLK_TOL:#2075104-v3 1
REMIT TO:
CUSTOMER:INVOICE DATE:INVOICE NUMBER:PAGE:
SOLD TO:SHIP TO:
DATE SHIPPED:PROFILE ORDER NUMBER:
CUSTOMER PO:PAYMENT
TERMS:FOB:
SHIP VIA:CARRIER:
SHIP TERMS:VEHICLE ID:
LINE
NO
PRODUCT NUMBER
DESCRIPTION U/M QUANTITY UNIT PRICE U/M EXTENDED PRICE
TOTAL SALES:
TAX AMOUNT:
TOTAL AMOUNT:PAYMENT DUE BY:
www.profileproducts.com ORIGINAL
PDFINV
NOTE-OUR REMITTANCE ADDRESS HAS CHANGED (SEE REMIT TO ABOVE)
PROFILE Products LLC.
750 Lake Cook Road, Suite 440
Buffalo Grove, IL 60089
847-215-1144
PROFILE Products LLC.
36443 Treasury Center
Chicago, IL 60694-6400
237286 12/08/20 406716 RI 1
PITKIN COUNTY LANDFILL
76 SERVICE CENTER ROAD
ASPEN CO 81611
USA
PITKIN COUNTY LANDFILL
32046 HIGHWAY 82
SNOWMASS VILLAGE
ASPEN CO 81615
USA
12/07/20 288424 SO
CATHY
SHIPPING POINT/PREPAID & ADD Net 30 Days from Invoice
VAN-NEED QUOTE 209218 Coyote Logistics
GD20782
10 LFTCC BG 880.000 17.6500 BG 15,532.00
Top Coat Cellulose 50#
20 Freight EA 5,047.2400 EA 5,047.24
30 Fuel Surcharge EA 415.7400 EA 415.74
20,994.98
20,994.98 01/07/21
STANDARD TERMS AND CONDITIONS OF SALE
1. Definitions:
Seller means Profile Products LLC or its assigns, with an address of 750 Lake Cook Road, Suite 440, Buffalo Grove, Illinois 60089-2090.
Buyer means the party from whom the Seller receives a bona fide purchase order for products sold by the seller.
Products means those goods and services available to Buyer from the Seller.
2. Sales Agreement. These Standard Terms and Conditions of Sale contain certain terms and conditions that are to be part of the purchase agreement by and between Buyer and
Seller with respect to the sale and purchase of Products. Buyer shall have no obligation to buy and Seller shall have no obligation to sell any Products unless and until Buyer
submits a properly authorized and validly executed purchase order ("Purchase Order") to Seller and a duly authorized representative of Seller accepts the same in accordance
with the terms of said Purchase Order. Upon Seller's acceptance of the purchase Order, the Purchase Order, as accepted, shall constitute the complete agreement between Buyer
and Seller concerning the sale of Products referred to in such Purchase Order(s). In the event of a conflict between the terms of a Purchase Order and the terms in this
Agreement, the terms of these Standard Terms and Conditions of Sale shall control unless the Purchase Order is accompanied by a separate writing, signed by Seller's authorized
representative, expressly indicating that specific requirements contained herein have been superseded by the inconsistent provisions in the Purchase Order. Buyer may deliver
Purchase Orders to Seller from time to time during the term that these Standard Terms and Conditions of Sale are applicable.
3. Prices. Prices are quoted F.O.B. Sellers plant or warehouse unless otherwise mutually agreed by Seller and Buyer. Any tax or other governmental charge which may be now or
hereafter imposed by any Federal, State,or Local authority upon the production sales or delivery by Seller of any goods or services covered by this Purchase Order shall be
paid by the Buyer.
4. Shipment. Seller shall manufacture or cause to be manufactured Products for shipment to Buyer, in accordance with Buyer's purchase orders. Shipments are made F.O.B.
Conover, North Carolina, Limestone, Tennessee or Blue Mountain, Mississippi, on a carrier of Buyer's selection, and carrier will invoice Buyer directly. Shipments shall be
according to Buyer's delivery schedules and shipping instructions. Shipping instructions apply until changed by Buyer. Buyer shall require Carrier to contact Seller when
scheduling pickup dates and times.
5. Payment.
(a) The amount to be paid by Buyer to Seller in exchange for each individual Product shall be specified in the Purchase Order applicable to the sale of each such Product.
Seller shall invoice Buyer for Product as Product is shipped to Buyer in accordance with these Standard Terms and Conditions of Sale.
(b) Buyer shall make all payments with respect to the purchase of Products to Seller at such address as is indicated on Seller's invoice. Buyer shall make all payments
to Seller within thirty (30) calendar days after the date specified on each of Seller's invoices unless agreed to in writing by Seller's authorized representative.
6. Warranty. Seller represents and warrants that its Products are manufactured in accordance with the Product's specifications and that its' Products, at the time of delivery
to the Buyer, shall be free from all material defects. In the event of a breach of the foregoing warranty, Seller's sole obligation shall be, at its option, to refund the
purchase price or to provide Products which conform to this warranty, so long as any deficiencies are reported to Seller within thirty (30) days after discovery thereof, but
in no event later than one (1) year after the date of manufacture. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. FURTHER,
IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY
BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Products for which a warranty claim is made and accepted by the Seller are to be returned transportation prepaid to Seller's factory. Any use not in accordance with Product
directions and precautionary statements, and any modifications or additives to the Products, or any adulteration, dilution or alteration by the Buyer shall void this warranty.
No employee or representative of Seller is authorized to change this warranty in any way or to grant any other warranty.
7. Adequate Assurances of Performance.
(a) Rights of Seller. Seller may demand adequate assurances of future performance from Buyer whenever Seller has reasonable grounds for insecurity with respect to Buyer's
performance. Until it receives adequate assurances of future performance, Seller may suspend its performance under any Purchase Agreements. "Reasonable grounds for
insecurity" shall include, without limitation, the failure of Buyer to make any payment when due. "Adequate assurances of future performance" acceptable to Seller will depend
on the particular facts and circumstances, but may involve (i) changes in payment terms; (ii) payment by a letter of credit; (iii) proof of Buyer's ability to pay; (iv) other
requirements; or (v) any combination of any of the foregoing. If Buyer fails to give adequate assurances of future performance satisfactory to Seller within ten (10) days after
demand, Seller may treat the failure as a repudiation and breach of that portion of any and all Purchase Orders not then fully satisfied and may terminate such Purchase Orders.
(b) Rights of Buyer. Buyer may demand adequate assurances of future performance from Seller whenever Buyer has reasonable grounds for insecurity with respect to the
performance of Seller. "Reasonable Grounds for Insecurity" shall include, without limitation, Seller's repeated failure to produce Products that conform to the Specifications
furnished by Buyer, which are acceptable to seller and agreed in writing. "Adequate assurances of future performance" acceptable to Buyer will depend on the particular facts
and circumstances, but may involve changes in delivery terms. In the event that Seller fails to give adequate assurances of future performance satisfactory to Buyer within
ten (10) calendar days after demand, Buyer may treat the failure as a repudiation and breach of the portion of any Purchase Agreements not then performed, may terminate such
Purchase Orders.
8. Title and Risk of Loss. Title and risk of loss in all goods and services sold hereunder shall pass to Buyer upon delivery to carrier at shipping point.
9. Force Majeure. Neither party shall be in default pursuant to the terms of any Purchase Agreement or liable to the other party for any failure to perform or for delay in
performance with respect to any obligations under or pursuant to any Purchase Agreement (except for obligations to make payment of amounts due and owing) due to acts of God,
acts of public authorities, wars, insurrections, riots, civil disturbances, strikes, lock-outs or labor disturbances, fires, floods, explosions, earthquakes, breakage or accidents to
machinery, or failures or delays of suppliers or carriers, or any other cause, whether the kind enumerated in this section or otherwise, not reasonably within the control of the
party claiming inability to perform. Each party agrees to endeavor to resume its performance under applicable Purchase Order if such performance is delayed or interrupted by reason
of force majeure, but it is understood that settlement of strikes, lock-outs and other labor disturbances shall be entirely within the discretion of the party having the difficulty.
10. Arbitration. Except for non-payment of Seller's invoices by Buyer, all other claims, disputes and controversies with respect to any Product, these Standard Terms and
Conditions of Sale, any Purchase Order, any change order, any Purchase Agreement or performance by any party pursuant to the terms of any of the foregoing shall be resolved
by binding arbitration in Chicago, Illinois by a panel of three arbitrators appointed pursuant to the Rules of Commercial Arbitration adopted by the American Arbitration
Association ("AAA"). The arbitration shall be conducted in accordance with procedures for Commercial Arbitrations adopted by the AAA, as modified herein. All arbitration
awards shall be final and conclusive on the parties, shall be the exclusive remedy for the matters covered by such award and shall be enforceable in all courts and tribunals.
Buyer and Seller each waive all rights to court proceedings in any way related to any claim arising out of, resulting from or in any way connected with these Standard Terms
and Conditions of Sale, any Purchase Order, any change order, any Purchase Agreement or performance by any party pursuant to the terms of any of the foregoing but each party
hereto expressly reserves the right to pursue court proceedings with respect to the enforcement of any arbitration award.
11. Attorney Fees and Expenses. If Seller is required to file suit, pursue arbitration or take other legal action to enforce any of its rights hereunder, including without limitation,
proceedings to collect amounts due Seller hereunder, Buyer shall pay the reasonable attorney fees and expenses incurred by Seller.
12. Applicable Law. These Terms and Conditions of Sale, all Purchase Orders, and all matters hereunder and under any such Purchase Orders, shall be construed under and
interpreted in accordance with the internal laws of the State of Illinois.
13. Notices. Any notices or other communication required or permitted hereunder shall be sufficiently given if delivered in person or sent by national recognized overnight courier
or postage prepaid, to the addresses of the parties as first set forth above. Copies of all notices to the Seller shall be simultaneously delivered to John W. Hilbert II, Esq.,
Shumaker, Loop & Kendrick, LLP, 1000 Jackson Street, Toledo, Ohio 43616.
14. Amendments. No amendment, supplement or modification or these Standard Terms and Conditions of Sale shall be binding unless approved in writing by the parties hereto.
15. Waiver. The failure of either party at any time to require performance by the other party of any obligation hereunder shall in no way affect the full right to require such
performance at any time thereafter nor shall the waiver by a party of a breach of any provision hereof by the other party constitute a waiver of any succeeding breach of any
provision of these Standard Terms and Conditions of Sale or any Purchase Agreement by the other party.
SLK_TOL:#2075104-v3 1
Certificate Of Completion
Envelope Id: A6164CC672CC42A2BC9E2459290D0F16 Status: Completed
Subject: Profile Products | Pitkin County Contract 255.20 for Review and Signature
Source Envelope:
Document Pages: 7 Signatures: 3 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: 24.9.118.68
Record Tracking
Status: Original
1/19/2021 1:40:14 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Cathy Hall
Cathy.Hall@pitkincounty.com
Solid Waste Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 1/19/2021 1:41:37 PM
Viewed: 1/19/2021 1:44:05 PM
Signed: 1/19/2021 1:44:19 PM
Electronic Record and Signature Disclosure:
Accepted: 11/30/2020 1:11:06 PM
ID: 42cb10b4-5893-4d9d-97fa-7bc7ddf6aee6
Company Name: Pitkin County, Colorado
Brian Pettet
Brian.Pettet@PitkinCounty.com
Public Works Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 1/19/2021 1:44:21 PM
Viewed: 1/21/2021 1:16:54 PM
Signed: 1/21/2021 1:17:03 PM
Electronic Record and Signature Disclosure:
Accepted: 6/14/2021 9:39:58 AM
ID: 7a5a5fd2-015f-4edd-9bf4-a2843f1545a1
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: 1/21/2021 1:17:06 PM
Viewed: 1/29/2021 12:48:27 PM
Signed: 1/29/2021 12:49:00 PM
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: 1/29/2021 12:49:03 PM
Resent: 1/29/2021 12:49:09 PM
Viewed: 6/22/2021 2:23:23 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: 1/29/2021 12:49:05 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 1/19/2021 1:41:37 PM
Certified Delivered Security Checked 1/29/2021 12:48:27 PM
Signing Complete Security Checked 1/29/2021 12:49:00 PM
Completed Security Checked 1/29/2021 12:49:05 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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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: Cathy Hall, Brian Pettet
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.