HomeMy WebLinkAboutbocc.con.005.248/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item Varies Per Task Order
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Matt Bergstresser County Representative
Phone (970) 920-5393
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
Per Task
Order
$ -
$ -
Per Task
Order
005.24
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
No
Bighorn Toyota MSA for Toyota Vehicles & Parts Purchases
Bighorn Toyota
$-
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$-
$-
$-
$-
Sole Source
Services/Maintenance
4/18/2024
4/17/2025
New Contract
Fleet
Master Service Agreement for purchases of Toyota vehicles, parts and services.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
Rev 2023.12.15 CDD
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: County Manager DATE: April 18, 2024
FROM: Matt Bergstresser, Fleet Manager
Proposed Contractor: Bighorn Toyota Product/Service: MSA for Toyota Vehicles and Parts Estimated expenditure for the above Product/Service: Varies Per Purchase
This form is required in documenting a Sole Source exception from an otherwise competitive bidding process
when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc):
Explain:
Bighorn Toyota is our local and trusted Toyota dealer with a proven ability to provide quality products,
service, and both local and original equipment manufacturer (OEM) support. In addition, Bighorn Toyota
consistently provides the County with significant cost savings. Finally, throughout the many years that the
County has worked with Bighorn Toyota, they have invariably supplied prompt service and timely
delivery of vehicles and parts purchases.
Rev 2023.12.15 CDD
2
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
Department Representative Department Director
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager Reason for Denial:
________________________________________
!#COUNTY MANAGER SOLE#! Date
Fleet Manager
Apr-18-2024
Matt Bergstresser
Apr-18-2024
Brian Pettet
Public Works Director
County Manager Group
Rich Englehart
Jun-26-2024
Deputy County Manager
Contract # 005.24 Revision: 2023.12.15 CDD
1
MASTER SERVICE AGREEMENT FOR PROVISION OF
TOYOTA VEHICLES AND PARTS PURCHASES
THIS MASTER SERVICE AGREEMENT (“Agreement”), is made and entered by and
between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite
#302, Aspen, CO 81611, (“County”) and Bighorn Toyota, 130 Center Drive, Glenwood Springs,
CO 81601 (hereinafter called the “Contractor”).
I. Term of Contract: The term of this contract is from April 18, 2024 to April 17, 2025.
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 Toyota vehicle and parts services
for various County Fleet projects and purchases as set forth herein and as set forth in
the individual Task Orders, which Task Orders shall be made a part of this contract
upon execution by the County and the Contractor. Contractor shall complete the scope
of work as defined in the individual Task Orders issued by the County, from time to
time, and agreed upon by Contractor. The projects defined in the individual Task
Orders shall be the County’s engineering requirements for work with an estimated
value of under Two Hundred Thousand Five Hundred dollars and Zero cents
($250,000.00). All projects that are estimated to be over Two Hundred Thousand Five
Hundred dollars and Zero cents ($250,000.00) shall be subject to formal Request for
Proposal/Quotation.
The scope of services shall include, but is not limited to the following: On an as-needed
basis, Contractor shall be responsible for furnishing Toyota vehicles and parts, together
with all applicable warranties, to the County. Pricing for purchases will be mutually
agreed upon by Contractor and County and will be reflected in the relevant Task Order.
III.Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budgets and
Schedules set out in the Task Orders. It is expressly understood and agreed that in no
event will the total compensation and reimbursement to be paid hereunder exceed the
sum defined in the Task Orders. By Task Order or Task Order Amendment, the County
and Contractor may reallocate the budget among project tasks if the total budget
amount remains unchanged. Contractor shall invoice for the project monthly based on
hours worked, with payment expected within thirty (30) days of invoice, but any
Contract # 005.24 Revision: 2023.12.15 CDD
2
payment by the County may be offset by any amount the Contractor owes the County
for any reason.
IV.County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines
and other documents prepared by Contractor in connection with this Agreement shall
be the property of the County. However, Contractor shall have the right to utilize such
documents in the course of its marketing, professional presentations, and for other
business purposes. Contractor assigns to County the copyrights to all work prepared,
developed, or created pursuant to this Agreement, including the right to: 1) reproduce
the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the
works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this Agreement for marketing purposes and
professional presentations, articles, speeches and other business purposes.
V.Pitkin County’s Obligations. Pitkin County shall administer this Agreement
through a County Representative identified in the individual Task Orders. The services
provided and products delivered by the Contractor under this Agreement will be subject
to review by the County’s Representatives, or a designee, for compliance with
Contractor’s obligations prior to final payment.
VI.Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Agreement, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies and reports prepared by
the Contractor pursuant to this Agreement shall become the County’s property.
Contractor shall be entitled to receive compensation in accordance with the Agreement
for any satisfactory work completed pursuant to the terms of this Contract prior to the
date of termination. Notwithstanding the above, Contractor shall not be relieved of
liability to the County for damages sustained by the County by virtue of any breach of
the contract by the Contractor.
VII.Independent Contractor Status.
A.The parties to this Agreement intend that the relationship between them
contemplated by the Agreement is that of independent contractor. Contractor, and
any agent, employee, or servant of Contractor shall not be deemed to be an
employee, agent, or servant of Pitkin County.
B.Contractor is not required to offer his services exclusively to Pitkin County under
this Agreement. Contractor may choose to work for other individuals or entities
during the term of this contract, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the
schedule defined under this Agreement.
Contract # 005.24 Revision: 2023.12.15 CDD
3
C.Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Agreement.
D.Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Agreement.
E.Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII.Assignability. This Agreement is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Agreement must be accepted
in writing by the County.
IX.Severability. In the event that any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this Agreement shall remain valid
and binding upon the parties hereto.
X.Integration and Modification.
A. This Agreement represents the entire and integrated Agreement between the
County and the Contractor and supersedes all prior negotiations, representations, or
Agreement, either written or oral. This Agreement may be amended only by written
Agreement signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Agreement.
XI.Indemnity.
A.The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project,, hereinafter referred to as indemnitee, from all suits and
claims, including attorney's fees and cost of litigation, actions, loss, damage,
expense, cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Agreement or on account of any act, claim or
amount arising or recovered under workers' compensation law or arising out of the
failure of the Contractor to conform to any statutes, ordinances, regulation, law or
court decree. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this Agreement of indemnity
applies. In consideration of the award of this Agreement, the Contractor agrees to
Contract # 005.24 Revision: 2023.12.15 CDD
4
waive all rights of subrogation against the County its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by
the Contractor for the County.
B.The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
XII.Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this
Agreement are satisfied, insurance against claims for injury to persons or damage to
property which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Agreement and
in no way limit the indemnity covenants contained in this Agreement.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Agreement by the Contractor, its agents, representatives, employees,
or subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Agreement by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types.
A. Coverage and Limits of Insurance. Coverage and Limits of Insurance.
Contractor shall provide coverage with limits of liability not less than those stated
below. An umbrella and/or excess liability policy may be used to meet the
minimum liability requirements provided that the coverage is written on a
“following form” basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a.Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers’ Compensation Act AND when
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
Contract # 005.24 Revision: 2023.12.15 CDD
5
2)Commercial General Liability – ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
•Premises and Operations
•Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition) or equivalent
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition) or equivalent
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition) or equivalent
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: “County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations”.
3)Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
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
Contract # 005.24 Revision: 2023.12.15 CDD
6
e.☐ Builder’s Risk
f.☐ Boiler and Machinery
g.☐ Loss of Use Insurance
h.☐ Pollution Liability
i.☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B.Proof of Insurance:
1)Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers’ notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Procurement
Officer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs
expended and amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following
clauses:
a. The contractor’s insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c.Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d.Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
3)Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Officer at least fifteen (15) days prior to a policy’s expiration
date except for any policy expiring on the expiration date of this contract or
thereafter.
4)The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Agreement.
Contract # 005.24 Revision: 2023.12.15 CDD
7
XIII.Exemptions and Preferences. All purchases of construction or building or any other
materials for this Agreement shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV.Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Agreement
for a period of three (3) years after final payment under the Agreement and the County
shall have the right within the three (3) year period to inspect and audit these books,
records and documents, upon demand, in a reasonable manner and at reasonable times,
for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the Agreement and applicable law.
XV.Contract Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Agreement, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this Agreement shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct of
the County or its agent or employees.
XVIII.Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
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
Contract # 005.24 Revision: 2023.12.15 CDD
8
current fiscal year. No provisions of this contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin County’s bonds or any obligations payable
from any class or source of Pitkin County’s money.
XIX.Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Pitkin County Procurement 530 E. Main St., Suite #304 Aspen, CO 81611 Procurement@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Attorney@pitkincounty.com
To Contractor: Bighorn Toyota 130 Center Drive Glenwood Springs, CO 81601
Phone: (970) 945-6544
Email: jeff@bighorntoyota.com
Contract # 005.24 Revision: 2023.12.15 CDD
9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above.
BIGHORN TOYOTA
________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADORECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
DIRECTOR APPROVAL:
________________________________________________ !#SECTION LEADER#! Date
COUNTY MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
ATTORNEY APPROVAL:
________________________________________________
!#COUNTY ATTORNEY#! Date
Matt Bergstresser
Fleet Manager
Apr-18-2024
Brian Pettet
Public Works Director
Apr-18-2024
GM
Apr-28-2024
Jennifer Rose
Richard Neiley
Asst. County Attorney
County Manager Group
Jun-18-2024
Jun-26-2024
Deputy County Manager
Rich Englehart
Certificate Of Completion
Envelope Id: C8D09AAA82C0462E868CD66B7C2C85E3 Status: Completed
Subject: Bighorn Toyota | Pitkin County Contract 005.24 for Review and Signature
Source Envelope:
Document Pages: 12 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 216.147.123.171
Record Tracking
Status: Original
6/18/2024 8:20:36 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Richard Neiley
richard.neiley@pitkincounty.com
Asst. County Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 65.38.144.66
Sent: 6/18/2024 8:23:07 AM
Viewed: 6/18/2024 9:39:32 AM
Signed: 6/18/2024 9:39:50 AM
Electronic Record and Signature Disclosure:
Accepted: 7/19/2024 9:14:45 AM
ID: fda72507-18fc-4144-be35-7082fa43e74b
Company Name: Pitkin County, Colorado
Rich Englehart
rich.englehart@pitkincounty.com
Deputy County Manager
Pitkin County
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.103.36.129
Sent: 6/18/2024 9:39:51 AM
Viewed: 6/26/2024 8:25:47 AM
Signed: 6/26/2024 8:26:01 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 Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 8:26:02 AM
Resent: 6/26/2024 8:26:08 AM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 8:26:03 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Matt Bergstresser
matt.bergstresser@pitkincounty.com
Fleet Manager
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 8:26:04 AM
Viewed: 7/22/2024 9:45:08 AM
Electronic Record and Signature Disclosure:
Accepted: 7/16/2024 3:09:35 PM
ID: 6f8f8612-4f65-4adf-8df1-376914d68527
Company Name: Pitkin County, Colorado
Brian Pettet
Brian.Pettet@PitkinCounty.com
Public Works Director
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 8:26:04 AM
Electronic Record and Signature Disclosure:
Accepted: 7/22/2024 8:58:08 AM
ID: 6e937dad-46be-4c2e-b916-c4d3b87c3392
Company Name: Pitkin County, Colorado
Jennifer Rose
jrose@bighorntoyota.com
GM
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 8:26:05 AM
Electronic Record and Signature Disclosure:
Accepted: 4/28/2024 7:54:26 PM
ID: 426522f2-cdf9-4a5d-866f-eed40e22f6b1
Company Name: Pitkin County, Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/18/2024 8:23:08 AM
Certified Delivered Security Checked 6/26/2024 8:25:47 AM
Signing Complete Security Checked 6/26/2024 8:26:01 AM
Completed Security Checked 6/26/2024 8:26:05 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Richard Neiley, Matt Bergstresser, Brian Pettet, Jennifer Rose
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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.