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HomeMy WebLinkAboutbocc.con.079.238/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10014100.531000 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 Rich Englehart County Representative Phone (970) 429-6135 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 114,000.00 $ - $ - $ 114,000.00 Administration Contract to provide fund consulting and grant writing and advocacy services. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Funding Consulting, Grant Writing & Advocacy Services Sustainable Strategies DC $ 114,000.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 114,000.00 Sole Source Services/Maintenance 3/1/2023 2/29/2024 New Contract 079.23 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 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: March 3, 2023 FROM: Rich Englehart, Deputy County Manager Proposed Contractor: Sustainable Strategies DC Product/Service: Grant Research, Consultation, and Application Administration and Advocacy Services Estimate expenditure for the above Product/Service: $ 114,000.00 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: In light of the numerous upcoming capital projects that the County has committed to undertake and complete within the next several years, there is an immediate and pressing need for a public funding consulting firm capable of assisting the County Administration with a set of comprehensive grant services that include: funding/grant research, consultation, grant application drafting, submission, advocacy, management and administration services. Upon completing its due diligence in searching for a service provider to meet these needs, the County Administration has determined that Sustainable Strategies DC is the sole and best source of obtaining the required services. This is due, primarily, to the following critical factors: (1) Sustainable Strategies DC is the only consultant that County Administration discovered that is capable of providing the comprehensive funding consultation, advocacy and administration services that the County requires; (2) Sustainable Strategies DC presents a unique and potentially advantageous opportunity to partner and collaborate with neighboring counties in pursuing and managing publicly funded projects; (3) given the urgency of completing several of the projects that the County has undertaken, Sustainable Strategies DC is in the singular position of being available to immediately undertake its representation of the County and to ensure that there are no missed opportunities. 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. Section Head !#COUNTY REPRESENTATIVE#! Date County Manager Reason for Denial: ______________________________________________ !#COUNTY MANAGER SOLE#! Date Mar-03-2023 Rich Englehart Deputy County Manager Jon Peacock County Manager Mar-08-2023 Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made March 1, 2023 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 Sustainable Strategies DC, 1801 California St., Suite 2400, Denver, CO 80202 (hereinafter called the “Contractor”) to perform the following work: Funding Consulting, Grant Writing and Advocacy Services (“Project”). I. Term of Contract: The term of this Contract is from March 1, 2023 to February 29, 2024. At the expiration of the initial term, the contract may be extended for two (2) additional terms of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide the County with the funding consulting, grant writing and advocacy services described in the attached Contractor Proposal (“Attachment A”). 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 One Hundred Fourteen Thousand dollars and No cents ($114,000.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 2 right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Rich Englehart, Deputy County Manager will manage the project as the County’s Representative. In the event that Kara Silbernagel is not available, Kara Silbernagel shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 3 VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 4 XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 5 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 6 i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 7 XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 8 XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Rich Englehart 530 East Main St. Aspen, CO 81611 Email: rich.englehart@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Sustainable Strategies DC 1801 California St., Suite 2400 Denver, CO 80202 Phone: (303) 981-4477 Email: ashley.badesch@strategiesdc.com Contract # 079.23 Revision: 2018-06-13 btf Budget Line Item # 10014100.531000 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. SUSTAINABLE STRATEGIES DC ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Rich Englehart Mar-03-2023 Deputy County Manager Ashley Badesch Partner Mar-07-2023 County Manager Mar-08-2023 Jon Peacock Transparency & Integrity in Client Representation – Colorado Practice As a consulting firm that serves Colorado localities and other communities across the country, Sustainable Strategies DC is committed to providing every client with the highest level of professionalism, technical support, and grant writing assistance. Our grant writing, strategic consulting, and advocacy services are designed to competitively align each municipal client we work with the resources they need to advance their top priority projects. We currently work with several Colorado communities on either a retainer basis or one-off basis to access federal, state, and philanthropic funds for community priorities. Our current retainer clients in the State of Colorado include: •City of Glenwood Springs, CO (community-wide retainer) •Town of Silverthorne, CO (community-wide retainer) •City of Rifle, CO (community-wide retainer) •Town of Minturn, CO (limited retainer focused on water infrastructure and sidewalks) •Town of Avon, CO (limited retainer focused on sustainability and resilience) •Roaring Fork Transportation Authority (limited retainer focused on advocacy only) We are currently in discussions with Pitkin County and the Town of Palisade, both of which are interested in hiring us for grant writing. We are confident that we can take on this new business while maintaining the same high level of success and return on investment that we have consistently provided to each of our Colorado clients. As our clients often have shared needs across infrastructure, affordable housing, wildfire mitigation, and other priorities, we make sure to provide strategic consulting to assist various clients about getting their projects ready-to-fund and competitive for funding, as well as finding the right funding pathway for their project and its particular competitive strengths and shortcomings. This may include situations when more than one S2 community is applying for the same funding opportunities in the same round. For the vast majority of funding opportunities we assist with, there is very little competitive disadvantage created by applications from geographically proximate communities; in fact, we often win grants for multiple clients from the same funding opportunity. On rare occasions, we may perceive that certain federal funding sources are unlikely to provide multiple grants from the same funding cycle to the same geographic region. In these situations, we work transparently with our clients to determine the best path. Some strategies we deploy to ensure maximum success include: •Eliminating direct competition by pursuing different pots of funding within the same grant opportunity when viable (i.e. for US DOT RAISE grants, we can avoid direct competition by applying to planning vs. construction or applying within urban vs. rural). •Evaluating opportunities to combine multiple projects within a single geographic region into a stronger regional proposal. Attachment A • Determining which project(s) are likely to compete best in the current grant round and organizing the region around supporting the most competitive project for that round. We work to identify alternative resources for any projects we perceive may not compete as well, which then better directs our time and energy towards pursuing better-suited resources. • Finally, if after deploying these strategies, multiple geographically proximate clients choose to pursue the same federal funding opportunity in the same round, we provide our best strategic advice, grant writing, and advocacy assistance for each. In accordance with the Grant Professionals Association’s Code of Ethics, we are attentive to each of our client’s needs and do our best for each of our clients. Below is a representative list of just some of the grants that we apply for which we apply for our Colorado clients. Grants marked with an asterisk are those that award only a couple of grants per state or fewer in each round. State of Colorado: • Colorado Department of Transportation (CDOT) Transportation Alternatives Program • CDOT Revitalizing Main Street • CDOT Highway Safety Improvement Program • CDOT Innovative Mobility Program • Colorado Department of Public Health & the Environment (CDPHE) Recycling Resources Economic Opportunity Program • Department of Local Affairs (DOLA) Energy & Mineral Impact Assistance Fund (EIAF) • DOLA Innovative Housing • DOLA Transformational Housing • DOLA Emergency Solutions Grants • Great Outdoors Colorado (GOCO) grants program • Colorado Parks & Wildfire (CPW) Land & Water Conservation grant • History Colorado State Historical Funds Federal: • Federal Emergency Management Administration (FEMA) Building Resilient Infrastructure for Communities (BRIC) & Flood Mitigation grant programs • FEMA Assistance to Firefighters & SAFER grant programs • United State Environmental Protection Agency (EPA) Brownfields • United State EPA Brownfields Cleanup & Assessment grant program • United States Department of Agriculture (USDA) Composting Pilot grant program • USDA Community Food Project Competitive Grant Program • USDA Community Facilities Grant & Loan Program • US EPA Solid Waste Infrastructure for Recycling grant program • US Department of Transportation Bus & Bus Facilities grant program • US DOT RAISE Grant program* • US DOT Rural Surface Transportation Grant program* • US DOT Safe Streets & Roads for All program Certificate Of Completion Envelope Id: 1E89D40CD4E043198FCE325BC0B11800 Status: Completed Subject: Sustainable Strategies DC | Pitkin County Contract 079.23 for Review and Signature Source Envelope: Document Pages: 14 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: 216.237.91.144 Record Tracking Status: Original 3/3/2023 3:46:43 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Rich Englehart Rich.Englehart@PitkinCounty.com Deputy County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.240.16.115 Signed using mobile Sent: 3/3/2023 3:53:53 PM Viewed: 3/3/2023 4:28:25 PM Signed: 3/3/2023 4:28:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ashley Badesch ashley.badesch@strategiesdc.com Partner Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.131.252.229 Sent: 3/3/2023 4:28:48 PM Viewed: 3/6/2023 9:49:24 AM Signed: 3/7/2023 10:15:27 AM Electronic Record and Signature Disclosure: Accepted: 3/6/2023 9:49:24 AM ID: e07c323d-6fa1-4d53-8f6f-5d54697c9773 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: 3/7/2023 10:15:29 AM Resent: 3/7/2023 11:52:56 AM Viewed: 3/8/2023 9:29:33 AM Signed: 3/8/2023 9:30:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/8/2023 9:30:02 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: 3/8/2023 9:30:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kara Silbernagel kara.silbernagel@pitkincounty.com Deputy County Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Sent: 3/8/2023 9:30:04 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 3/3/2023 3:53:54 PM Envelope Updated Security Checked 3/7/2023 11:52:54 AM Envelope Updated Security Checked 3/7/2023 11:52:54 AM Envelope Updated Security Checked 3/7/2023 11:52:54 AM Certified Delivered Security Checked 3/8/2023 9:29:33 AM Signing Complete Security Checked 3/8/2023 9:30:00 AM Completed Security Checked 3/8/2023 9:30:04 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. 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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: Ashley Badesch 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.