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HomeMy WebLinkAboutbocc.con.058.238/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 40451150.575000 (Airport) 15013100.575000 (Sheriff's Office) Pending - Per Task Order 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 Matt Bergstresser County Representative Phone (970) 920-5394 Provide a brief description of the Contract or Change Order: Contract Value Summary: Fleet MSA to govern New/Existing vehicle equipment purchases and build-out orders on a per task order basis. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total Per Task Order No Emergency Vehicle Equipment Acquisitions & Build-Outs BearCom with Colorado Division Wireless Advance Communications $- Additional Budget Line Item(s) (Please fully allocate New Contract Total) $- $- $- $- Outside Agency Goods, Equipment, Supplies 1/1/2023 12/31/2023 Master Service Agreement 058.23 (Governing Agreement; No Dollar Value specifically associated with this document) 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 Rev. 2018-10-10 btf OUTSIDE AGENCY BID MEMORANDUM TO: FROM: RE: DATE: File Matt Bergstresser, Fleet Vehicle Equipment and Build-Out Projects January 1, 2023 OUTSIDE AGENCY BID At the procurement officer’s discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State of Colorado's or other governmental jurisdiction’s competitive procurement process. The other jurisdiction’s process must maintain the spirit of the County’s procurement standards in order for the proposal to be accepted by the County (Pitkin County Procurement Code section 3- 106.) Contract #: 058.23 Budget Line Item #: Varies by Task Order Budget: Defined by individual task order with approved budget in place Description of Project: WAC / Bear Communications, Inc. specializes in vehicle build- outs to suit the application for use, weather that be Sheriff vehicles, OST, Radio, Airport, or Road and Bridge. Each build will vary based on the intended use of the department. Outside Agency Procurement process used (Describe briefly the governmental agency whose bid you are using and the terms and conditions of the resulting contract. Include a copy of the outside agency bid in your file.): Adams County - Contract # 2019.000 (renewed 4 additional years; base Adams County contract attached) Contractor Contacted: BearCom w/ CO Division of Wireless Advance Communications _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date COUNTY MANAGER: ________________________________________________ !#COUNTY MANAGER#! Date Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Procurement Cover Sheet and send the original signed contract with coversheet to Procurement office for archiving. Matt Bergstresser Fleet Manager Jan-18-2023 Rich Englehart Feb-23-2023 Deputy County Manager 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 Procurement Cover Sheet and send the original signed contract with coversheet to Procurement office for archiving. Contract # 058.23 Revision: 2018.10.10 btf 1 MASTER SERVICE AGREEMENT FOR PROVISION OF VEHICLE EQUIPMENT ACQUISITIONS & SPECIALTY BUILD-OUTS THIS MASTER SERVICE AGREEMENT (“Agreement”), is made and entered by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (“County”) and Bear Communications, Inc. dba BearCom, with CO Division of Wireless Advance Communications, 4009 Distribution Drive, Suite 200, Garland, TX 75041 (hereinafter called the “Contractor”). I. Term of Contract: The term of this contract is from January 1, 2023 to December 31, 2023. At the expiration of the initial term, the contract may be extended for five (5) additional terms of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide specialty vehicle equipment purchases and vehicle build-out services for various County projects as set forth herein and as set forth in the individual Task Orders, which Task Orders shall be made a part of this contract upon execution by the County and the Contractor. Contractor shall complete the scope of work as defined in the individual Task Orders issued by the County, from time to time, and agreed upon by Contractor. The projects defined in the individual Task Orders shall be the County’s engineering requirements for work with an estimated value of under Four-Hundred Thousand dollars and Zero cents ($400,000.00). All projects that are estimated to be over Four-Hundred Thousand dollars and Zero cents ($400,000.00) shall be subject to formal Request for Proposal/Quotation. The scope of services shall include, but is not limited to the following: Acquiring specialty vehicle equipment and, as applicable, accessorizing or “building out” County vehicles per the County’s specifications and as defined and approved on an individual task order basis. If required, the Contractor shall utilize the following subcontractors to complete the work defined in the Task Orders. Additional subcontractors may be added by written agreement from both parties: Approved/defined on a per-task-order basis Contract # 058.23 Revision: 2018.10.10 btf 2 III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budgets and Schedules set out in the Task Orders. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum defined in the Task Orders. By Task Order or Task Order 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, but 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 Agreement 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 Agreement, 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 Agreement for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Agreement through a County Representative identified in the individual Task Orders. The services provided and products delivered by the Contractor under this Agreement 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 Agreement, 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 Agreement shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Agreement 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 Agreement intend that the relationship between them contemplated by the Agreement is that of independent contractor. Contractor, and Contract # 058.23 Revision: 2018.10.10 btf 3 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 Agreement. 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 Agreement are submitted in the manner and on the schedule defined under this Agreement. 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 Agreement. 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 Agreement. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Agreement is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Agreement must be accepted in writing by the County. IX. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Agreement represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations, representations, or Agreement, either written or oral. This Agreement may be amended only by written Agreement 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 Agreement. 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, Contract # 058.23 Revision: 2018.10.10 btf 4 expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Agreement 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 Agreement of indemnity applies. In consideration of the award of this Agreement, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Agreement 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 Agreement and in no way limit the indemnity covenants contained in this Agreement. 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 Agreement 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 Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum 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 Contract # 058.23 Revision: 2018.10.10 btf 5 such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include:  Premises and Operations  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. Contract # 058.23 Revision: 2018.10.10 btf 6 Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Agreement 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 Procurement Officer 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.” Contract # 058.23 Revision: 2018.10.10 btf 7 3) Certificates of Insurance for all renewal policies shall be delivered to the Procurement Officer 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 Agreement. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Agreement for a period of three (3) years after final payment under the Agreement 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 Agreement and applicable law. XV. Contract Made in Colorado. The parties agree that this Agreement 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 Agreement, 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 Agreement, 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 Agreement 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 Contract # 058.23 Revision: 2018.10.10 btf 8 this contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Pitkin County Procurement 530 E. Main St., Suite #304 Aspen, CO 81611 Procurement@PitkinCounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Attorney@pitkincounty.com To Contractor: Bear Communications, Inc. dba BearCom, with CO Division of Wireless Advance Communications 4009 Distribution Drive, Suite 200 Garland, TX 75041 Phone: (970) 330-9415 Email: melissa.peros@bearcom.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: Contract # 058.23 Revision: 2018.10.10 btf 9 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 Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, 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 Agreement 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 Agreement. Contractor (i) shall not use E- Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement 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 Agreement, (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 Agreement 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 Agreement. Contract # 058.23 Revision: 2018.10.10 btf 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. BEAR COMMUNICATIONS, Inc. dba BearCom, with CO Division of Wireless Advance Communications ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date ATTORNEY APPROVAL: ________________________________________________ !#COUNTY ATTORNEY#! Date Melissa Peros General Manager Jan-26-2023 Asst. County Attorney Richard Neiley Feb-23-2023 Deputy County Manager Feb-23-2023 Rich Englehart Certificate Of Completion Envelope Id: 0523973258A645C2A609546A53B4FCEB Status: Completed Subject: BearCom / WAC | Pitkin County Master Agreement 058.23 for Review and Signature Source Envelope: Document Pages: 91 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 1/11/2023 4:14:30 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Matt Bergstresser matt.bergstresser@pitkincounty.com Fleet Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/11/2023 4:18:13 PM Viewed: 1/18/2023 6:40:01 AM Signed: 1/18/2023 6:40:23 AM Electronic Record and Signature Disclosure: Accepted: 2/1/2023 4:09:54 PM ID: 9bcfe46d-4a9a-4db1-9a4c-f1a13af3b218 Company Name: Pitkin County, Colorado Melissa Peros melissa.peros@bearcom.com General Manager BearCom Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.214.23.57 Sent: 1/18/2023 6:40:28 AM Resent: 1/24/2023 2:34:58 PM Viewed: 1/24/2023 2:41:47 PM Signed: 1/26/2023 4:41:28 PM Electronic Record and Signature Disclosure: Accepted: 1/24/2023 2:41:47 PM ID: e31e3842-2151-4510-b517-fa1bb4ed7bd1 Company Name: Pitkin County, Colorado Richard Neiley richard.neiley@pitkincounty.com Asst. County Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 65.38.144.66 Sent: 1/26/2023 4:41:33 PM Viewed: 2/23/2023 10:01:49 AM Signed: 2/23/2023 10:02:43 AM Electronic Record and Signature Disclosure: Accepted: 2/23/2023 10:01:49 AM ID: 0139104d-54ea-4e30-97f2-abe8f88fd859 Company Name: Pitkin County, Colorado Rich Englehart rich.englehart@pitkincounty.com Deputy County Manager Pitkin County Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.34.180.169 Sent: 2/23/2023 10:02:48 AM Viewed: 2/23/2023 10:44:47 AM Signed: 2/23/2023 10:45:42 AM Signer Events Signature Timestamp 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 Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 2/23/2023 10:45:46 AM Resent: 2/23/2023 10:46:00 AM Viewed: 2/23/2023 11:09:17 AM 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: 2/23/2023 10:45:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mariah Hurst mariah.hurst@pitkincounty.com Permit Technician Security Level: Email, Account Authentication (None) Sent: 2/23/2023 10:45:52 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 1/11/2023 4:18:13 PM Envelope Updated Security Checked 1/11/2023 4:25:08 PM Envelope Updated Security Checked 1/11/2023 4:25:08 PM Envelope Updated Security Checked 1/11/2023 4:25:08 PM Envelope Updated Security Checked 1/11/2023 4:25:08 PM Envelope Updated Security Checked 1/11/2023 4:25:08 PM Certified Delivered Security Checked 2/23/2023 10:44:47 AM Signing Complete Security Checked 2/23/2023 10:45:42 AM Completed Security Checked 2/23/2023 10:45:52 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. 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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: Matt Bergstresser, Melissa Peros, Richard Neiley 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.