HomeMy WebLinkAboutbocc.con.190.231 | P a g e J A I L S E R V I C E A G R E E M E N T ( R E V . 7 / 2 0 2 2 )
Pitkin County, Colorado
JAIL SERVICES AGREEMENT
THIS JAIL SERVICES AGREEMENT (“Agreement”) is between Pitkin County, a political subdivision of the State of Colorado
(“Facility”), and T.W. Vending, Inc., doing business under the names of TurnKey Corrections or Kimble’s Food By Design LLC. (either
referred to herein as the “Provider”), each a “Party” and collectively, the “Parties”.
WHEREAS, the Facility seeks to enter into an agreement for the provision of certain inmate services and commissary products to its
Facility and for the benefit of its inmates; and
WHEREAS, Provider is capable of providing such inmate services and commissary products to the Facility, and desires to do so
according to the terms and conditions stated herein.
NOW THEREFORE, for good and valuable consideration, which is detailed below, the Facility and Provider agrees as follows:
1.Effective Date of Agreement. This Agreement shall be effective when executed by the Facility (“Effective Date”).
Depending on the services selected by the Facility as detailed in the attached Exhibit A (collectively, the “Services”), the
billing for the Services shall commence the date such Service becomes available at the Facility.
2.Term of Agreement.
(a) The Parties agree that the initial term of this Agreement shall be for a period of two (2) years (“Initial Term”), beginning
on the first day of the first full calendar month following the Effective Date. This Agreement shall continue for the duration
of the Initial Term and will automatically renew on a month-to-month basis thereafter (“Renewal Terms”)(the Initial Term
and any Renewal Terms shall collectively be referred to herein as the “Term”), provided that, beginning in the final year
of the Initial Term, either Party may terminate this Agreement effective at the end of such Initial Term by delivery of
written notice to the other Party at least 60 days prior to the end of such Initial Term. Either Party may terminate this
Agreement effective at the end of any Renewal Term by delivery of written notice to the other Party on the first day of any
Renewal Term.
(b) Pursuant to the Local Government Budget Law, Colo. C.R.S. 29-1-101, Provider and Facility agree this Agreement
will NOT automatically renew at the end of any annual term (or shorter initial period if Facility's fiscal year ends prior to
the 12-month anniversary of the Term Initiation Date) unless sufficient appropriated funds are budgeted by the Pitkin
County Board of County Commissioners for such services. Facility represents and warrants that it has sufficient
appropriations or other funds available to pay all amounts due hereunder for the current fiscal year, and reasonably believes
that funds can be obtained sufficient to make all payments during the initial term. Facility hereby covenants that it will do
all things reasonably within its power to obtain funds from which the payments may be made, including making provision
for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding and using its bona
fide best efforts to have such portion of the budget approved.
(c) In the event no funds or insufficient funds are appropriated and budgeted, or are otherwise not available in any fiscal
year for payments due under this Agreement, then Facility will immediately provide written notice of such occurrence and
this Agreement shall terminate on the last day of the fiscal year for which appropriations were received, without penalty
or expense to Facility Of any kind whatsoever. Nothing in this Section I shall allow Facility to withhold or refuse payment
of any money due and payable Provider provided in compliance with this Agreement.
(d) Facility agrees it will segregate inmate funds it collects from inmates for services and products purchase by inmates
pursuant to this Agreement, and will not encumber such funds, and will not otherwise remit such funds to anyone other
than the Provider.
(e) Facility grants Provider, as an independent contractor the exclusive right to sell commissary products and any other
items which are charged to the inmates' account balance.
(f) As a material consideration for the commissions detailed below, Facility grants Provider the right to be the exclusive
provider of all of its needs for inmate commissary products and other inmate services, including communication
(specifically telephone, email, SMS/Text messaging, video visitation, and picture mail), and Mp3/music, educational
programming, and tablets/hand held devices, regardless of the package of products initially chosen by the Facility.
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3.Software; Equipment.
(a)Equipment: Provider has conducted a site visit and determined the amount of equipment required in order to best provide
the Facility and its inmate population with the Services (“Hardware”). Provider shall install the Hardware and Provider’s
administrative software, known as the “TurnKey Elite Account Management” software system (“TEAM”), at the Facility (the
Hardware and TEAM, shall collectively be referred to herein as the “Equipment”), and provide adequate training for all such
Equipment, all without charge to Facility unless otherwise indicated herein. The Equipment identified in this Agreement
reflects the Hardware package selected by the Facility, but the installed Hardware may vary depending on the final agreed
requirements of the Facility. It is the obligation of the Provider to track the Equipment inventory at the Facility.
(b)Software License: Provider shall furnish, install, maintain and update TEAM at the Facility. Provider shall provide
Facility access to TEAM during the initial training. Upon activation, Provider grants the Facility the non-exclusive, non-
transferrable and non-sub-licensable right to install and use TEAM on Facility’s computers within the limits specified in this
Agreement. TEAM will establish the accounts used by the inmate population of the Facility (“Trust Accounts”) to buy the
various services offered from Provider, and any third-party vendor to the Facility with which Facility requires integration. The
rights of use granted hereunder shall not include any rights to the source code of TEAM.
i.The rights of use granted under the Agreement shall be limited in time to the term of this Agreement, or to the time of
termination of this Agreement, whichever is earlier.
ii.Any use of the software exceeding the agreed scope of use is expressly prohibited. The Facility shall use TEAM only
in accordance with the provisions of the Agreement and in accordance with laws and regulations applicable to such
use. When using TEAM, the Facility shall, in particular, comply with all applicable data protection and export control
provisions.
iii.The rights granted under this Agreement shall not include and the Facility shall not be entitled to nor shall it allow a
third party to (i) attempt to circumvent any technical devices of TEAM that are directed at, or have the effect of,
enforcing the terms of the Agreement; (ii) modify or create derivative works, or translate, decompile or create or
attempt to create, by reverse engineering or otherwise, its source code or object code of TEAM; (iii) use TEAM under
any circumstance whatsoever directly or indirectly in a computer service business or service bureau or in a rental or
commercial timesharing arrangement; (iv) remove, modify or obscure any copyright, trade secret, confidentiality,
trademark, service mark or other proprietary rights, serial number, notice, legend or similar marking on any copy of
TEAM, or related data, manuals, documentation or other materials; (v) market, sell, lend, rent, lease, or otherwise
distribute TEAM or give or provide it to third parties; or (vi) assign, sublicense or otherwise transfer any rights in or
to TEAM. Facility recognizes and agrees that there is no adequate remedy at law for a breach of this section, and that
such breach would irreparably harm Provider for which monetary damages would not be an adequate remedy, and
that, therefore, Provider is entitled, in addition to its other rights and remedies, to equitable relief in the form of an
injunction against any or further breach of this limited license.
iv.As between the Parties, Provider retains all right, title and interest in and to TEAM and in all copies, modifications
and derivative works of TEAM including, without limitation, all rights to patent, copyright, trade secret, trademark
and other proprietary or intellectual property rights.
v.Provider may, at its sole discretion, elect to offer updates to TEAM. Provider shall have no obligation to provide
updates to TEAM. If, however, Provider does elect to provide updates, the Facility shall be obligated to update TEAM
as soon as reasonably practicable. Updates are provided at no expense to the Facility. All rights and obligations set
forth herein shall also apply to any updates.
vi.SPECIFIC AS TO TEAM, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL PROVIDER OR ITS SUPPLIERS OR AGENTS BE LIABLE TO FACILITY FOR (i) ANY COSTS
OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS,
LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF
PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED
SAVINGS ON MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF TEAM.
vii.Since Provider is not selling TEAM to the Facility, and the functionality of TEAM will cease after the termination of
this Agreement, therefore PROVIDER OFFERS NO WARRANTIES TO THE FACILITY AS TO TEAM,
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WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER MAKES NO
WARRANTIES OR REPRESENTATIONS THAT TEAM WILL MEET FACILITY’S REQUIREMENTS OR
THAT OPERATION OR USE OF TEAM WILL BE UNINTERRUPTED OR ERROR-FREE. The Parties hereto
agree that this Section is meant to waive the applicability of and to otherwise release Provider from any statutory
warranty available to the Facility which can be waived. All statutory warranties available to Facility which cannot be
waived shall remain in full force and effect.
viii.Provider strictly complies with applicable data protection law, non-personal or anonymous data may be collected
automatically to improve functionality and the Facility’s experience with TEAM. The Facility agrees that Provider
owns all rights in and is free to use any such non-personal or anonymous data in any way it deems fit for development,
diagnostic, corrective as well as marketing or any other purposes. The use by Provider of data generated hereunder is
strictly the responsibility of Provider, and Provider shall keep and maintain all such data use secure to the highest
industry standards.
ix.The Parties hereto agree that it is not part of TEAM to safeguard an interruption- and latency-free end-to-end
connection between different users of TEAM. The Facility acknowledges that TEAM may be unavailable or include
latency from time to time due to technical difficulties or due to causes beyond the reasonable control of Provider.
Additionally, the Facility acknowledges that the end-to-end connection between different users of TEAM is dependent
on the internet connection at the Facility, as well as the Facility’s use of other hardware and software (e.g. Facility
management systems, hardware age and sophistication, operating systems), all of which shall not be included in the
services provided by Provider and shall likely have an impact on the functionality of TEAM.
A.Subject to the foregoing, Provider will use commercially reasonable efforts to maintain operational performance
of 99% expected uptime, which is measured over a calendar year, but excludes scheduled and emergency
maintenance, issues originating with Provider web-service partners, and performance degradation.
B.Standard scheduled maintenance windows are the third Saturday of each month from 2:00 AM to 6:00 AM Central
Time, and in general, Provider will make every effort to not perform scheduled maintenance during each available
maintenance window. TEAM updates may be released as needed outside the standard scheduled maintenance
windows. Also, whenever possible, Provider will perform any required emergency maintenance during the
calendar day from 1:00 AM to 5:00 AM Central Time. Provider will provide an incident report for major incidents
within 72 hours of closure of a material outage.
x.Facility acknowledges that TEAM and related technical data (collectively “Controlled Technology”) are subject to
the import and export control and economic sanctions laws of the United States, specifically the U.S. Export
Administration Regulations (EAR) and the laws of any country where Controlled Technology is imported or re-
exported. Facility agrees to comply with all relevant laws and will not export, re-export, or transfer any Controlled
Technology in contravention of U.S. law.
xi.TEAM allows for limited customization by the Facility of limited fields. Provider is able to instruct Facility as to how
to customize those limited fields, but makes no representation or warranty as to the efficacy or usefulness of any such
customization. Facility shall also agree that it is solely and completely responsible for any such customization, and
agrees to hold Provider harmless from any disputes or claims resulting from Facility’s customization of any TEAM
field. Facility further agrees that Provider reserves the right to charge the Facility for any customization, and for the
costs and expenses associated with maintaining such customization. Any such charge to the Facility for any such
customization shall reduce any amounts due from Provider to Facility hereunder.
4.Service Specifications.
(a)Equipment Ownership: All Equipment is and remains owned exclusively by Provider. So long as all terms and conditions
set forth herein are fully satisfied, Provider shall remove all such Equipment at the termination of the business relationship
between Provider and Facility, at no cost to the Facility.
i.Equipment Maintenance: Provider agrees that Facility has absolute control over the placement and use of
Provider’s Equipment, and the use of any such Equipment by any inmate. Provider agrees to keep all Equipment
in good order and operating condition. Provider maintains 24/7/365 customer service. it is the goal of Provider to
respond to service requests within 2 hours of requests, to resolve such requests on a priority basis, and to provide an
action plan within 48 hours for issues that cannot be immediately addressed. It is also the goal of Provider to respond
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to Equipment failures within 48 hours of notice. Provider shall not be held accountable, however, for delays in
response caused by strikes, accidents, fire, flood, unseasonable weather, war, riot, civil unrest, government closure,
pandemic, supply chain disruptions, acts of God, or other causes beyond the reasonable control of Provider.
(b)Deposit Processing: Subject to the set-off provisions as set forth herein, amounts deposited into the Trust Accounts are
available for use by the applicable inmate. If any amount so deposited is disputed, and if allowed under law and if the funds
remain available, such disputed deposit shall be deducted from the applicable inmate’s Trust Account. Such deficiency may
also include amounts incurred by Provider as the result of any chargebacks attributable to the inmate. Inmate funds deposited
into the Trust Account through any means including cash, check, money order and/or credit card deposits are subject to reversal,
recovery and modification by the Facility and Provider. Examples may include returned checks for insufficient funds or fraud,
credit card charge backs, and the deposit of counterfeit currency. In these instances, the Trust Account will be debited the
amount plus any incurred fees by either the Facility and/or Provider. TEAM allows the Facility to track any inmate who returns
to the Facility after discharge and to collect any deficiency from any new amounts deposited into the inmate’s Trust Account
incurred during the previous incarceration.
i.Provider does not warrant that credit/debit card processing will be error free. While Provider acknowledges that it is
responsible for the actions of its processor, any errors in the use of any credit or debit card shall be and shall remain
the responsibility of the card holder.
ii.Neither Party shall impose any surcharge or similar fee on any transaction that would violate any applicable credit
card network rule or applicable law. In cases where Provider’s banking or financial partners or similar service
providers, impose changes in processing costs payable by Provider, Provider reserves the right to modify transaction
processing fees to reflect such changes. Provider also reserves the right to change processors at any time at its sole
discretion.
(c)Facility Systems and Cooperation: The Facility shall arrange reasonable access to the Facility for Provider as necessary.
Provider agrees that only persons authorized by the Facility may have access to the Facility. The Parties also agree to cooperate
and perform all tasks necessary and desirable in order to implement the services contemplated by this Agreement. To the extent
there is any ambiguity as to the nature or scope of services to be provided by Provider under this Agreement, the Parties will
cooperate in good faith to agree upon the precise nature and scope of such services. If the Facility requests that Provider
interface with Facility’s systems or with any third-party service provider(s), then the Facility shall provide access to the
necessary technical information and specifications of its systems in order for Provider to be able to interface. Such technical
information shall include, at a minimum, contact information for relevant Facility and service provider personnel, and a general
description of the intended interface. Technical information should also include application programming interface (API)
specifications and documentation, network service endpoint URI’s, and authentication credentials. Only if Provider has an
existing interface with the Facility’s service provider(s) shall this requirement be waived, and then only at Provider’s sole
discretion. In addition, the Facility shall provide any technical specifications required for the introduction of any new TEAM
features or third-party services as they are introduced to the Facility. Such technical information should include, at a minimum,
detailed descriptions of intended operations of the requested feature(s), and any additional required Facility or service provider
contact information necessary to implement such new feature(s). Best practices require technical information to include flow
charts, technical drawings, and screenshots of similar features in other software applications. All such systems and contact
information shall be submitted by the Facility to the Provider within thirty (30) days of the Effective Date. The failure of
Facility to provide the required technical and contact information may slow the integration and onset of Provider’s Services,
will impact commission rates, will result in diminished service capabilities by Provider, and may be considered a breach of this
Agreement by Provider.
(d)Select System Features:
i.Data Retention: Unless a different period is prescribed by Facility, all inmate recordings are maintained on
Provider’s servers for 365 days, and overwritten on the 366th day. Provider will provide notice to Facility at least
60 days prior to any such overwriting, but it is the responsibility of the Facility to accept an electronic transfer of such
video visitation records if Facility desires to continue to maintain such records. All inmate material, except for
video visitation and phone records, is saved by Provider for two years. Prior to the deletion of any material,
Provider will notify the Facility of its intent to delete such material, and provide Facility the opportunity to
accept an electronic transfer of the data. Facility is responsible for the safekeeping if its data upon the expiration
of Provider’s stated and agreed retention timeframe described herein. Unless otherwise provided for herein, Facility
owns all right, title and interest in the inmate data generated by the users of Provider’s systems at the Facility.
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ii.Account Management: Provider agrees to train Facility staff in TEAM and account reporting, and to “train the
trainer.”
A.All Trust Account creation (booking) and Trust Account close (release) processes, using general inmate
information, including name, inmate number / criminal history number, unit number, language, status, and audit
information (user and date/time stamp of record creation and last time the account was altered), is available in
TEAM. Other inmate information may be stored on the system at the discretion of the Facility.
B.Search is available based on any combination of the following: inmate number, first/middle/last name, unit
number, language, status, account group and sound-ex searches.
iii.Reports. TEAM automatically generates account balance summary, deposit transactions, cash-in transactions, system
balance, transaction history, refund transactions, check register, voided checks, daily balance, daily shift, inmate
deposits, inmate detail, inactive accounts, closed accounts, event log, kiosk status, site charge detail, site charge
grouping reports, and various additional reports. Report customization is available. Provider agrees to endeavor to
assist the Facility to create customized Trust Account reports.
A.TEAM allows for the export of reports to Adobe Acrobat, Microsoft Excel, CSV, HTML, and Comma Delineated.
(e)Tampering: Facility agrees that it is responsible for physical security of all Equipment after delivery and installation, and
shall immediately notify Provider of any evidence of tampering, the presence of foreign physical devices, misuse or theft of
the Equipment. The Facility shall not modify, install or attach anything on to the Equipment, or permit modification of
Equipment by others. If the Facility becomes aware that any Equipment or attendant software has been tampered with, it shall
immediately notify Provider, and Provider shall then have the option to disable such Equipment until such time as it can be
replaced or removed. Facility agrees to aid Provider in any effort to recover losses caused by malicious damage.
5.Changes in Features, Fees and/or Prices.
(a)During the term of this Agreement, economic conditions may dictate that prices for the Services, including commissary
products, be adjusted. Facility agrees to any such price adjustments so long as Provider communicates all price adjustments to
Facility in writing at least 15 days prior to any price adjustments taking effect. So long as practical, Provider agrees not to
adjust prices more than three (3) times annually.
(b)Economic conditions may also require Provider to adjust its fees under this Agreement. Provider will communicate all fee
adjustments to Facility in writing at least 30 days prior to such fee adjustment taking effect. So long as practical, Provider
agrees not to adjust fees more than once annually.
(c)Notwithstanding anything in Section 5(a) or (b), Provider may advertise price discounts on Services, including commissary
products, for a length that will not exceed seven (7) days. Facility agrees that the amount paid to it as commission will be
impacted by the discounted price.
(d)Facility agrees that in the event that a feature offered by Provider becomes discontinued, unlawful, or the subject of a
dispute or legal action, Provider has the right to stop providing such feature to the Facility without being considered in breach
of this Agreement.
6.Authorized Agents; Notices.
(a)The Facility shall appoint an authorized agent for the purpose of administration of this Agreement. Authorized agents for
the applicable Provider are:
Tom Graham, President – TurnKey Corrections William Pendergraph, President – Kimble’s
Phone: 651-261-7158 Phone: 715-636-0411
tomg@turnkeycorrections.com williamp@kimblesfoods.com
(b) The address of the applicable Provider is:
TurnKey Corrections Kimble’s Commissary Services
3329 Casey Street 100 Webster St
River Falls, WI 54022 LaGrange, GA 30241
Attn: Legal Attn: Legal
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(c)Any notices required under this Agreement shall be in writing, delivered via regular first-class mail, postage prepaid, and
deposited in the United States mails, addressed to the authorized agents, as applicable.
7.County and State Audit. Pursuant to the laws of the State of Colorado, the records of Provider pertaining strictly to the goods
and services provided under this Agreement shall be subject to examination by the appropriate governmental authority. Unless
otherwise delivered to the Facility, records of the work performed under this Agreement shall be kept by Provider following
termination of this Agreement (except for inmate data) for the amount of time required by applicable law.
8.Indemnity; Limitation of Liability. The Parties hereto agree to indemnify, and hold their respective employees and officials,
harmless from any third-party claims, including attorneys’ fees and expenses arising therefrom, related to the gross negligence
or intentional wrongdoing by either Party, or its respective subcontractors, agents or employees, in the performance of the
obligations herein. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT,
ARISING OUT OF THIS AGREEMENT. Should Provider be liable under this Agreement for any amount that is not excluded
under the preceding sentence, or if such exclusion of liability is not enforceable under applicable law, the liability of Provider
shall, in the aggregate, not exceed the total amount paid to and received by the Provider under this Agreement during the 12-
month period immediately preceding the event giving rise to such liability.
(a)The sole remedy for each Party with respect to any third-party claims shall be pursuant to the indemnification provision set
forth above. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted under applicable law,
any and all rights, claims and causes of action it may have against the other Party arising under or based upon any federal, state,
local or otherwise applicable law.
i.Inmate Complaints. The Facility agrees to act as mediator between the Provider and inmates of the Facility for any
issue or claims by inmates against Provider arising during the course of this Agreement. All such disputes shall be
first subject to such mediation prior to the ability of any inmate to pursue any other remedy. The obligation to mediate
shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Specific as to any claim
pertaining to the delivery of a defective product, such claim shall be solely satisfied through the provision of a non-
defective product of the same or similar nature.
9.Insurance. Provider shall not commence work under this Agreement until it has obtained, at its own cost and expense, adequate
insurance. All insurance coverage is subject to approval by the Facility and shall be maintained by Provider throughout the
term of this Agreement. Certificates of insurance evidencing the above coverages in the required amounts shall be submitted
to the Facility upon its request. The certificates shall name the Facility as an additional insured. Provider further agrees that is
shall not be modify or cancel its insurance except upon thirty (30) days’ written notice to the Facility.
10.Subcontracts. Provider shall not subcontract any portion of the work to be performed under this Agreement without the prior
written consent of the Facility. Provider shall ensure that any subcontractor complies with the terms of this Agreement. Any
subcontractor of Provider shall report to and invoice Provider directly.
11.Force Majeure. The Parties hereto agree that Provider shall not be liable for any delay or inability to perform any provision
within this Agreement caused directly or indirectly by acts of God or other causes beyond the reasonable control of Provider.
12.Data Practices. Provider, its agents, employees, and any subcontractors of Provider providing services under this Agreement,
agree to abide by the laws and regulations of State of Colorado regarding data privacy. Provider agrees to indemnify and hold
the Facility, its officers, and employees harmless from any claims resulting from Provider’s unlawful disclosure of data
protected under such state’s laws.
(a) Provider shall send a notice to Facility of its intent to delete any inmate data, and Facility shall have 60 days thereafter to
determine if it wants such inmate data electronically downloaded to it. If Facility determines it wants the inmate data, it must
provide the appropriate web address and any necessary authorizations for Provider to download such data. Facility agrees it
holds Provider harmless from any claims pertaining to any data deleted by Provider after due notice is sent to Facility.
13.Independent Contractor Relationship. It is agreed that nothing contained in this Agreement is intended to create the relationship
of a partnership or a joint venture between the Facility and Provider. Provider is an independent contractor to the Facility and
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neither it nor its employees, agents, subcontractors, or representatives, shall be considered employees, agents, or representatives
of the Facility for any purpose. The Facility shall not deduct from the amounts due to Provider any federal or state income tax,
FICA payments, or any other amounts associated with an employer/employee relationship unless otherwise required by law.
14.Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of
the State of Colorado without regard to any conflicts of law rules that would result in the application of the law of any other
jurisdiction. The Parties agree that any matter not able to be resolved through the dispute resolution mechanism set forth below
shall be resolved according to Colorado law, but in the state district court of Pitkin County, Colorado, and the Parties each
agree to submit to personal jurisdiction therein.
(a)The Parties agree that they shall first attempt to resolve any disputes through communication between the respective
responsible teams of each Party. Should such communication fail, and in the absence of governmental regulations to the
contrary, the Parties hereto agree to resolve disputes through the use of binding arbitration. The Parties agree to the use of the
American Arbitration Association, and to its rules then in force at the time the dispute arises. Venue for the arbitration shall
be in a forum convenient to the Facility, and the panel for the arbitration shall consist of three (3) members. Each Party shall
select one (1) member of the panel, and the two (2) selected panel members shall select the third (3rd) member. The decision
of the arbitrators need not be unanimous, but shall be binding. The arbitrators may decide the division or allocation of the fees
and costs incurred by each Party, both attorneys’ fees and costs, and the costs and fees of the panelists. The decision of the
arbitration panel shall be final and shall be entered into a court of competent jurisdiction.
15.Termination. Should a Party assert that the other Party has failed to comply with an obligation contained in this Agreement,
the complaining Party shall provide notice in writing to the breaching Party. Such notice shall describe the specific breach and
provide a reasonable plan of corrective action to cure the alleged breach. If the Parties do not agree upon and implement a cure
of the breach within sixty (60) days, then either Party may terminate the Agreement upon an additional ninety (90) days’ written
notice. Any such termination shall not relieve either Party from any payment obligations arising prior to the effective date of
termination, and shall not affect the ability of the non-complaining party to claim that the alleged breach was without merit.
16.Successors and Assigns. This Agreement shall be binding upon the Parties and each of their successors, assigns, and legal
representatives, and affiliates. Provider reserves the right to assign, sublet, or transfer any interest in this Agreement without
the prior written consent of the Facility.
17.Equal Employment; Employment Verification. In connection with the provision of services contemplated hereunder, Provider
agrees to comply with the provisions of state and Federal equal employment opportunity and nondiscrimination statutes and
regulations. In accordance with Federal and local laws, Provider warrants that it has registered with and uses a federal
immigration verification system to determine the work eligibility status of employees performing services at the Facility.
18.Amendment. The Parties agree that no amendment of this Agreement shall have any force or effect unless the change is reduced
to writing, dated, and signed by the respective authorized representative of each party.
19.Severability. In the event any provision of this Agreement is held to be invalid, the remaining provisions shall not be affected,
and shall remain as binding upon the Parties. The waiver by any Party of any breach of this Agreement shall not operate as a
release of any claim arising therefrom, or of a waiver of any subsequent breach by any Party.
20.Government Immunity. The terms of this Agreement do not affect any applicable constitutional or statutory governmental
immunity available to the Facility.
21.Entire Agreement. This Agreement, which includes any exhibits attached hereto, represents the entire understanding of the
Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous statements, representations or
agreements, whether oral or written, with respect to the subject matter of this Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed intending to be bound thereby.
PITKIN COUNTY T.W. VENDING, INC.
By: By:
PITKIN COUNTY SHERIFF Dewey Wahlin, CEO
Date , 20__ Date , 20__
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Dan Fellin
Jul-20-2023 Jul-24-2023
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EXHIBIT A
TO THE PITKIN COUNTY
JAIL SERVI CES AGREEMENT
Commissary Selection
& Delivery
Facility agrees to retain Provider to be the exclusive provider of all commissary products and
services to the inmate population at the Facility. If the Parties hereto agree to allow commissary
products or other services to be made available by the Facility or other third-party to the inmate
population, which products or services shall be sold over Provider’s system, Provider will add a
surcharge to all such orders, which surcharge shall be based on the price of each such product or
service. Provider agrees to package, label, and deliver the commissary orders made of Provider
offered items, and ensure their delivery to the Facility. These commissary orders will be distributed
regularly on a mutually agreeable schedule. Delivery of orders of products not offered by Provider
shall be the responsibility of the Facility. The Facility will be responsible for inspection and
distribution of all commissary orders.
Provider may provide “snack packs” or other “welcome” items to inmates when they are booked
into the Facility at a price agreed upon by both Parties based on item requirements.
Lobby Deposit Kiosk(s)
1 lobby kiosk(s) is installed at the Facility. Lobby Kiosks will be available for processing all cash
and credit card deposits by non-inmates. Credit card deposits made online or at the lobby kiosk will
require a convenience fee charge of $8.95 (or 10%, whichever is greater). Cash deposits at the lobby
kiosk will require a $2.00 convenience fee. All deposits by non-inmates for the benefit of the
inmates shall be deposited into the inmate accounts created in TEAM. TEAM creates the inmate
Trust Account at booking, and the Facility can use such Trust Account to track issues applicable to
each inmate. The use of the Equipment by each inmate shall be affected through such Trust
Account.
If the Facility or any other applicable governmental authority places a lien on any Trust Account
for any reason, all deposits to such Trust Account shall be allocated seventy percent (70%) as
unrestricted cash for such inmate’s discretionary use, and thirty percent (30%) to reduce the amount
of such lien.
Cost for initial lobby kiosk(s): $0.00. Any additional lobby deposit kiosks are $2,295 each
Booking/Release Station(s)
1 booking/release station(s) is installed at the Facility, which may include money intake unit, smart
(vending) card programmer, credit card reader, debit release card programmer, check printer, and
any other requested and available items.
If allowed by the Facility, inmate deposits using a credit/debit card at booking will require a
convenience fee of $8.95 (or 10%, whichever is greater). There is no fee charged for cash deposits
by inmates at booking. Facility is responsible for and must adhere to and complete all required
processes to complete any such inmate credit/debit card transaction at the time of booking. The
limit for any credit/debit card deposit by the inmate at booking is $100.
The processing of larger amounts on credit/debit cards for bonding is available, but the Facility must
agree that it is fully responsible for all bonding amounts, and any chargebacks or other disputes
related thereto. No commissions are paid from bonding activity, and the Facility agrees that it is
responsible for all costs and fees of Provider incurred as the result of allowing bonding activity.
Provider will charge Facility a $1.00 convenience fee for each debit card issued to inmates at release.
Facility can utilize Provider’s TEAM software to reduce each released inmate’s debit release card
net balance by $1.00. Facility must also abide by all requirements of the card issuer to obtain the
inmate’s consent in writing to obtain a debit card, must provide a copy of such completed
documentation to the card issuer and/or Provider upon request, and must retain such written
authorization for the duration prescribed by the card issuer.
Cost for required initial booking/release station(s): $0.00. Any additional booking/release
stations are $2,295 each.
bocc.con.190.23 Coding: 10013130.558500
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Video Visitation Station(s):
1 lobby public Video Visitation station(s) is installed at the Facility. Facility agrees to use
Provider as the exclusive provider of Video Visitation services to its inmates. These stations allow
the public to visit inmates on Provider’s proprietary inmate Video Visitation system while in the
lobby of the Facility. Visits performed from lobby stations will incur no charge to the Facility,
inmate or to the public.
Cost for initial lobby Video Visitation station(s): $0.00. Any additional stations are $2,295 each.
Off-Site Video Visitation: Off-site use of Video Visitation is available, and is commenced and
paid for by an off-site visitor, or is paid out of the inmate’s Trust Account if prior arrangement is
made and agreed to by the inmate. The charge for each offsite Video Visitation is $0.39 per minute,
and visits are capped at 20 minutes per session unless otherwise agreed to in writing by Facility.
Inmate Kiosk(s)
3 inmate kiosk(s) are installed in the Facility. The kiosks will be compatible with all services
offered by the Provider, including commissary ordering, display of account balances, video
visitation (both on and off-site), inmate messaging, inmate e-mail, purchase of Mp3 / Music, and
additional services as available.
Cost for initial inmate kiosk(s) $0.00. Any additional inmate kiosks are $2,295 each.
Vending Machines N/A Snack Vending Machine(s) and Beverage Vending Machine(s) will be installed at the
Facility. [___ Provider] [___ Facility] (check one) is responsible for filling such vending
machines on a mutually agreeable schedule. Provider shall ensure all vending machines are
operating properly and/or repaired/replaced, as necessary.
Cost for each initial Snack Vending Machine: $0.00. Any additional Snack Vending Machines
are $4,995 each. Cost for each initial Beverage Vending Machine: $0.00. Any additional
Beverage Vending Machines are $4,900 each.
Inmate Handhelds
“My Connection Hub®”
Provider will provide 10 inmate handheld devices to the Facility. My Connection Hub® or The
Hub® shall be capable of making phones calls, transmitting SMS texts, emails and Video Visitation
communications. The Hub® shall also be capable of taking commissary orders, ordering Mp3
players and music, accessing the law library (if purchased by Facility), and filing grievance/requests
with Facility staff. Provider will supply 1 charging stations for The Hub® devices. Placement of
the charging stations shall be at the discretion of the Facility so long as such charging stations are
placed in locations secure from the inmate population. Any additional The Hub® devices and
charging stations required by the Facility may be subject to additional costs and fees.
The use of The Hub® requires the installation of a wireless communications system, the cost of the
installation of which system shall be borne by Provider The Facility will be responsible for
terminating wire at location where wireless routers will be placed.
Cost for each initial Hub® device is: $0.00. Any additional Hub® device are $235 each. Cost
for each initial Hub® charging station is $0.00. Any additional Hub® charging stations are $200.
Inmate Education Provider will provide N/A inmate education tablets to the Facility. Provider will provide N/A
charging station for the tablets. Facility will be charged $1.00/tablet/day, whether the tablets are
being used or not. Payment by the Facility for such equipment and tablets will be taken out of
Facility commissions. The parameters and the pricing of the tablet-related equipment are separately
charged and subject to additional terms. If wireless equipment is needed, the cost of the installation
of the system shall be borne by Provider.
Cost for each initial education tablet is: $0.00. Any additional education tablet is $300 each.
Cost for each initial education tablet charging station is $0.00. Any additional education tablet
charging stations are $300 each.
bocc.con.190.23 Coding: 10013130.558500
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Inmate E-Mail/ SMS/Picture
Mail Costs
Inmates who receive email, text, or picture mail, will have the option to respond in-kind, to such
communications. Each incoming or outgoing email, text, or picture mail is charged as follows:
(a)E-Mail costs $0.25 per message sent.
(b) SMS texts costs $0.13 per message sent.
(c) Picture Mail costs $0.25 per picture sent. Inmates may choose to have picture mail printed out
(if allowed by Facility) for an additional charge.
Inmate Mail Scan ___ Accept. If selected by the Facility, Provider will provide the ability for the Facility to scan mail
addressed to the inmates into TEAM, and allow the inmate to read his or her mail on a kiosk or
portable device as provided within the Facility. Scanners are provided at the request of the Facility.
The cost for mail scan will be billed monthly and is $2.00 per month per inmate who has received
mail in the previous month.
Cost for each initial scanner is: $0.00. Any additional scanners are $300 each
Music/Mp3 Players
and Headphones
Mp3 players are made available, as are headphones, for the inmates to listen to music or other pre-
approved recorded material. The Mp3 players are available through commissary, and the cost of
each song download typically runs between $1.00 - $3.00, plus license fee and any applicable taxes.
Inmates may take the Mp3 players with them upon release, but will be unable to download additional
material outside of the Facility.
Commission Rate and
Payment
Unless a different rate is expressly stated for specific sales or services, the Facility will earn a
commission rate of 25% on commissary sales (net of sales tax) and a commission rate of 20% on
inmate services sales (E-Mail/SMS/Video Visitation/Picture Mail/Mp3)(net of sales tax and
excluding TeleCom, which is invoiced separately). Facility will not earn any commission on any
bonds issued through TEAM. The commission payments shall begin to accrue in first month whose
1st day occurs 90 days after the Effective Date, and continue through the end of the Initial Term,
and any Renewal Terms.
Invoices for payment of Provider’s services shall be submitted monthly to the Facility, and in such
detail as to allow Facility to review inmate and other activity. Payments to Provider shall be made
within thirty (30) days after receipt of the invoices.
Should Provider’s provision of services under this Agreement be found to violate applicable federal,
state, or local laws, the Facility may withhold payment until Provider becomes compliant with all
such laws; provided, however, that Provider shall be entitled to terminate this Agreement ninety
(90) days after written notice is provided if it cannot become compliant and/or if the Facility
withholds any payment due for any reason for more than sixty (60) days.
Installation Requirements
Facility is responsible for providing electrical and data connections, including power (typically 110v
AC); CAT 5 network cabling from and to areas as specified by the Provider; and dedicated,
exclusive internet service, unless the selected product mix requires the installation and maintenance
of such systems by Provider.
Phone PIN Sale Automation
If no contract is signed with TeleCom, Provider will work with the Facility’s phone provider to
make phone cards available. Provider shall receive 10% of gross sales from the sale of phone cards,
such amount to be paid either out of the Facility’s commission or by Facility’s phone provider. No
commission from Provider will be due to the Facility from Provider’s sale of phone cards.
Other features available
The Facility will be able to use all features offered by the Provider, including paperless kites, law
library, attorney and bond agency directory, inmate handbook, PREA automation, and other
features. As to Law Library access, Provider has partnered with FastCase®, with a cost to the
bocc.con.190.23 Coding: 10013130.558500
12 | P a g e J A I L S E R V I C E A G R E E M E N T ( R E V . 7 / 2 0 2 2 )
Facility of $1.00 per inmate per month, calculated over the course of each month using its average
daily population. Please check with your salesperson to obtain a detailed list of all available services
and their respective costs.
Additional Services and
Features applicable to
Pitkin County
In addition to the foregoing, Facility agrees as follows: Facility has not housed any inmates since
2021. Facility already has the Equipment needed, except for the My Connection Hubs®, to
successfully perform all Services. Provider agrees to maintain and update the Equipment if, within
the sole discretion of Provider, any Equipment needs to be updated to provide optimal Services.
Synopsis
Confirm all that apply: _X_ Commissary
_X_ Booking Stations _X_ Check Printer
_X_ Lobby Kiosks ___ Lobby Phones
___ Snack Vending Machines ___ Beverage Vending Machines
_X_ Video Visitation ___ TKC Insight® (Voice Biometrics)
_X_ Inmate Kiosks _X_ Text/Email
_X_ Picture Mail ___ Mail Scan
_X_ My Connection Hub® ___ Mp3 Players
_X_ Law Library ___ Inmate Education
Additional Services: Facility has not housed any inmates since 2021. Facility already has the
Equipment needed, except for the My Connection Hubs®, to successfully perform all Services.
Provider agrees to maintain and update the Equipment if, within the sole discretion of Provider,
any Equipment needs to be updated to provide optimal Services.
Commission Synopsis: 25% on commissary sales (net of sales tax); and
20% on services sales (E-Mail/SMS/Video Visitation/Picture
Mail/Mp3)(net of sales tax and excluding TeleCom, which is invoiced
separately)
bocc.con.190.23 Coding: 10013130.558500
1
Pitkin County, Colorado
JAIL SERVICE AGREEMENT
AMENDMENT
THIS AMENDMENT (“Amendment”) is attached to a made part of that certain Jail
Services Agreement, by and between Pitkin County, in the State of Colorado (“Facility”), and
T.W. Vending Inc., d/b/a TurnKey Corrections (“Provider”), dated July 19, 2023
(“Agreement”).
WHEREAS, Provider has entered into an agreement with Fastcase, Inc., a legal research
tool (“Fastcase”); and
WHEREAS, Facility desires to provide a legal research tool to its inmates; and
WHEREAS, Facility agrees to allow Provider to make Fastcase available to its inmates
upon the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Agreement is amended as follows:
1.Fastcase. Provider will provide access to Fastcase law library access via the kiosks and other
access points existing at the Facility. Facility will not need to enter into a separate contract with
Fastcase to have access to its systems, provided, however, that Facility agrees that Fastcase is
fully responsible for its site and its function and reliability. Provider is not responsible for Fastcase
site issues or for content provided by Fastcase. Provider customer support will be able to direct
Facility to the customer support at Fastcase as any issues with the Fastcase system arise. Provider
will monitor the relationship between the Facility and Fastcase and agrees to help resolve conflicts.
2.Inappropriate Use. Provider is not responsible for any inappropriate inmate web access as a
result of access to Fastcase. Improper access should be reported by Facility to Provider support
immediately, in which instance Provider and Fastcase shall disable the Fastcase content from the
Facility, and Fastcase shall conduct an investigation. Provider shall be kept apprised of the
investigation by Fastcase.
3.Term. The term of this Addendum shall mirror the Term as set forth in the Agreement. Service
from Fastcase may not be cancelled outside of the terms and condition of the Agreement. Facility
may choose to keep and maintain Fastcase for its inmates after termination of the Agreement, but
such continued service from Fastcase is the responsibility of the Facility to arrange.
4.Pricing and Payment. Provider will charge Facility $1 per inmate per month for access to
Fastcase (“Charge”). The Charge is based on the monthly average daily population (“ADP”) of
the Facility. ADP shall be calculated at the end of each month, and Provider shall invoice the site
monthly for Fastcase services, with the Fastcase charge appearing as a line item on the existing
Provider billing. All payment obligations of the Facility to Provider under the Agreement remain
in full force and effect. Delinquent payment by Facility on any invoice from Provider could result
in the interruption of inmate access to Fastcase, among other things.
bocc.con.190.23 Coding: 10013130.558500
2
5.No Other Changes. Unless specifically modified herein, all of the terms and conditions of the
Agreement remain in full force and effect.
Acknowledged and agreed:
PITKIN COUNTY
By:
_____________________
(Print Name)
T.W. VENDING, INC.
By:
Dewey Wahlin
bocc.con.190.23 Coding: 10013130.558500
Dan Fellin
Certificate Of Completion
Envelope Id: EE4B848838184079B9D56F6FC7447517 Status: Completed
Subject: Turnkey | Please Sign bocc.con.190.23 - Jail Services + FastCase Agreement 2023-07-19.pdf
Source Envelope:
Document Pages: 14 Signatures: 4 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
7/19/2023 10:57:08 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Dan Fellin
dan.fellin@pitkinsheriff.com
Mr
Self
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 7/19/2023 11:00:45 AM
Resent: 7/19/2023 5:02:01 PM
Viewed: 7/20/2023 8:17:38 AM
Signed: 7/20/2023 8:18:54 AM
Electronic Record and Signature Disclosure:
Accepted: 7/20/2023 8:17:38 AM
ID: 1af43180-d41e-484e-8292-996dd5955449
Company Name: Pitkin County, Colorado
Dewey Wahlin
deweyw@turnkeycorrections.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.65.34.142
Sent: 7/20/2023 8:18:56 AM
Viewed: 7/24/2023 7:23:57 AM
Signed: 7/24/2023 8:31:22 AM
Electronic Record and Signature Disclosure:
Accepted: 7/24/2023 7:23:57 AM
ID: 2684f702-2348-4813-9066-ed1f19579df8
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 7/24/2023 8:31:24 AM
Carbon Copy Events Status Timestamp
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 7/19/2023 11:00:45 AM
Envelope Updated Security Checked 7/19/2023 5:02:01 PM
Certified Delivered Security Checked 7/24/2023 7:23:57 AM
Signing Complete Security Checked 7/24/2023 8:31:22 AM
Completed Security Checked 7/24/2023 8:31:24 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Dan Fellin, Dewey Wahlin
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.