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HomeMy WebLinkAboutbocc.con.162.248/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10013131.531500 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 Brad Flanagan County Representative Phone (970) 920-5310 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 38,962.00 $ - $ - $ 38,962.00 162.24 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 GIS Professional Services GeoComm, Inc. $ 38,962.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 38,962.00 Outside Agency Services/Maintenance 1/1/2024 11/4/2024 New Contract Dispatch Contract to provide the Disptach Center with GIS Professional Services as described in Attachment A. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total Rev. 2022.08.04 CDD OUTSIDE AGENCY/COOPERATIVE BID MEMORANDUM TO: File FROM: Brad Flanagan, Emergency Operations Manager RE: GIS Professional Services DATE: September 18, 2024 OUTSIDE AGENCY and/or COOPERATIVE BID At the procurement officer’s discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State of Colorado's or other governmental jurisdiction’s competitive procurement process. The other jurisdiction’s process must maintain the spirit of the County’s procurement standards in order for the proposal to be accepted by the County (Pitkin County Procurement Code section 3-106.) Contract #: 162.24 Budget: $40,000.00 Description of Project: GIS Professional Services and Data Analysis Outside Agency/Cooperative Procurement process used: (Include a copy of the outside agency bid with the Contract file.): League of Oregon Cities Vendor Name: GeoComm, Inc. _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date COUNTY MANAGER: ________________________________________________ !#COUNTY MANAGER#! Date Bradley Flanagan Emergency Operations Manager Sep-18-2024 Rich Englehart Sep-27-2024 Deputy County Manager Contract # 162.24 Revision: 2023.12.15 CDD 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made September 16, 2024 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and GeoComm, Inc., 1100 West St. Germain Street Suite 300, St. Cloud, MN 56301 (hereinafter called the “Contractor”) to perform the following work: GIS Professional Services (“Project”). I. Term of Contract: The term of this Contract is from January 1, 2024 to November 4, 2024. At the expiration of the initial term, the contract may be extended for five (5) additional terms of one (1) year by the express written consent of both parties. II. Contractor’s Obligations. Contractor shall provide Pitkin County Dispatch Center with GIS Professional Services and Data Analysis as described in Attachment A. III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of Thirty-Eight Thousand Nine Hundred Sixty-Two dollars and Zero cents ($38,962.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. Pitkin County will not release any payment to Contractor prior to receipt of a complete and valid W9. Contractor’s address and the as-filed, legal entity name provided within this Contract must match the information provided with the submitted W9. Doing Business As (“DBA”) entity titles, as applicable, must be preceded by Contractors legally filed business name. Failure to provide a complete and valid W9 may result in delayed and/or past due payment from the County to Contractor and will in no event obligate the County to recognize or pay penalties for any past due balances withheld as a result of such. Contractor may submit completed W9 forms electronically by emailing pdf copies to AP@PitkinCounty.com with the County Project Contact listed within this Contract in copy. Contract # 162.24 Revision: 2023.12.15 CDD 2 IV. County’s Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this Contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Contract, including the right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this Contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through a County Representative. Brad Flanagan, Emergency Operations Manager will manage the project as the County’s Representative. In the event that Brad Flanagan is not available, Brett Loeb, 9-1-1 Division Chief shall assume the County Representative’s duties. The services provided and products delivered by the Contractor under this Contract will be subject to review by the County’s Representatives, or a designee, for compliance with Contractor’s obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. VII. Independent Contractor Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. Contract # 162.24 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 Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. VIII. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. IX. Severability. In the event that any provision of this Contract shall be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This Contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor’s compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Contract. XI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all Contract # 162.24 Revision: 2023.12.15 CDD 4 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 Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a “following form” basis. 1) Statutory Workers’ Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers’ Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers’ Compensation) Statutory Contract # 162.24 Revision: 2023.12.15 CDD 5 Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ Contract # 162.24 Revision: 2023.12.15 CDD 6 b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement@pitkincounty.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers’ notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 2) In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor’s insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: “all operations and locations at which work for the referenced Project is being done.” 3) Certificates of Insurance for all renewal policies shall be delivered to the County’s Representative at least fifteen (15) days prior to a policy’s expiration date except for any policy expiring on the expiration date of this Contract or thereafter. Contract # 162.24 Revision: 2023.12.15 CDD 7 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Contract for a period of three (3) years after final payment under the Contract and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. XV. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under this Contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be Contract # 162.24 Revision: 2023.12.15 CDD 8 construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Brad Flanagan 43 Sage Way Aspen, CO 81611 Email: brad.flanagan@pitkin911.org with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: GeoComm, Inc. 1100 West St. Germain Street Suite 300 St. Cloud, MN 56301 Phone: (320) 240-0040 Email: hhoskins@geocomm.com Contract # 162.24 Revision: 2023.12.15 CDD 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. GEOCOMM, INC. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Sep-18-2024 Bradley Flanagan Emergency Operations Manager Brian Jacobson Sep-27-2024 CFO LEAGUE OF OREGON CITIES MASTER PRICE AGREEMENT This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and Geo-Comm, Inc. (“Vendor”). RECITALS WHEREAS, the Vendor is in the business of selling certain Public Safety Software Solutions, Data Collection, Storage and Utilization, as further described herein; and WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for Public Safety Software Solutions, Data Collection, Storage and Utilization the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2020 for Public Safety Software Solutions, Data Collection, Storage and Utilization; and WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows: ARTICLE 1 – CERTAIN DEFINITIONS 1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2020 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”). 1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind. 1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law. 1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers. 1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree. 1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation. 1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems. The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America. 1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement. 1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement. 1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable. ARTICLE 2 – AGREEMENT TO SELL 2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement. 2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause. 2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties. 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party. 2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority: (i) This Agreement; (ii) The RFP; (iii) Vendor’s Proposal; 2.6 Extension of contract terms to Participating Agencies: 2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies. 2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. 2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP. 2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855. See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 4 ARTICLE 3 – TERM AND TERMINATION 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term. 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party. ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY 4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA. 4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser. 4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes. Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading. 4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”). 4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser. 4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing. 4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 5 4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser. Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination. ARTICLE 5 – INSURANCE 5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT. 5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement. 5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency. ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS 6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 6 Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years. 6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party. ARTICLE 7 – WARRANTIES Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein. ARTICLE 8 - INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 7 ARTICLE 9 – SUBSTITUTIONS Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser. ARTICLE 10 - COMPLIANCE WITH LAWS 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates. 10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder. ARTICLE 11 – PUBLICITY / CONFIDENTIALITY 11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party. 11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement. ARTICLE 12 - RIGHT TO AUDIT Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination. ARTICLE 13 - REMEDIES Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 8 ARTICLE 14 - RELATIONSHIP OF PARTIES Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other. ARTICLE 15 - NOTICES All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below: If to Lead Contracting Agency: LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 Salem OR 97301 ATTN: Jamie Johnson-Davis Email: rfp@ORCities.org If to Vendor: GEO-COMM, INC. 601 West St. Germain Street St. Cloud MN 56301 ATTN: Heather Hoskins Email: hhoskins@geo-comm.com Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above. ARTICLE 16 - FORCE MAJEURE Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non-performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 9 ARTICLE 17 - WAIVER No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing. ARTICLE 18 - PARTIES BOUND; ASSIGNMENT This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed. ARTICLE 19 - SEVERABILITY To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly. ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT 20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control. 20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter. ARTICLE 21 - HEADINGS Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement. ARTICLE 22 - MODIFICATIONS This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 10 ARTICLE 23 - GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions. ARTICLE 24 - COUNTERPARTS This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below. PURCHASER: Signature: ____________________________________ Printed Name: Title: ____________________________________________ LEAGUE OF OREGON CITIES Dated: ____________________________ VENDOR: Signature: ______________________________ Printed Name: Title: _____________________________ Geo-Comm, Inc. Dated: ____________________________ DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 VP of Finance & Administration 5/27/2020 Heather Hoskins 5/27/2020 Mike Cully Executive Director 11 ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES GeoComm complies to the pricing schedule and has provided pricing on the following pages. Note: Purchasing of GeoComm software requires GeoComm’s professional services for GIS setup, implementation and configuration, and training. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 BRAND CATEGORY PRODUCT DESCRIPTION SERVICE DESCRIPTION PRODUCT/SERVICE PART NUMBER Manufacturer or Reseller MSRP DISCOUNT % OFF MSRP GeoComm GIS Services - Training and Education GeoComm Dispatch Map Remote Training (For Basic or Standard Licensing) (1-4 positions) 1 Admin course for 2-4 admins; 2 user courses for 8- 12 users; and 1-4 licenses 2461 GeoComm $762.00 3.00% GeoComm GIS Services - Training and Education GeoComm Dispatch Map Onsite Training (For Basic or Standard Licensing) (1-10 positions) Dispatch Map Onsite Training: 1 Admin course for 2-4 admins; up to 4 user courses for 8-12 users; and up to 10 licenses) 2464 GeoComm $5,386.00 3.00% GeoComm GIS Software for Public Safety GeoComm Dispatch Map Basic; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum of 1 year-term contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2466 GeoComm $1,581.25 11.00% GeoComm GIS Software for Public Safety GeoComm Dispatch Map Basic; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum of 3 year-term contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2466 GeoComm $1,375.00 11.00% GeoComm GIS Software for Public Safety GeoComm Dispatch Map Standard; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum 1 year contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2467 GeoComm $2,443.75 11.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 13 GeoComm GIS Software for Public Safety GeoComm Dispatch Map Standard; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum of 3 year-term contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2467 GeoComm $2,125.00 11.00% GeoComm GIS Software for Public Safety GeoComm Dispatch Map CAD Interface; Viewing Only; Term Licensing and Support & Maintenance; one license per site, per CAD; annual fee; must contract for three- year minimum term. N/A 2478 GeoComm $2,275.00 11.00% GeoComm GIS Software for Public Safety GeoComm Dispatch Map AVL Interface; Viewing Only; term license; annual fee; must contract for three-year minimum term N/A 2485 GeoComm $2,275.00 11.00% GeoComm GIS Services - Training and Education GeoComm GIS Data Hub User Training Session (1); travel expenses and time not included Training 2489 GeoComm $1,700.00 3.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation Annual Fee (per agency; population 1-100,000) N/A 2422-1 GeoComm $3,317.50 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation Annual Fee (per agency; population 100,001-500,000) N/A 2422-2 GeoComm $6,635.01 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation Annual Fee (per agency; population 500,001-1,000,000) N/A 2422-3 GeoComm $14,928.77 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation Annual Fee (per agency; population 1-100,000) N/A 2422-5 GeoComm $5,769.57 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation Annual Fee (per agency; population 100,001-500,000) N/A 2422-6 GeoComm $11,539.14 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation Annual Fee (per agency; population 500,001-1,000,000) N/A 2422-7 GeoComm $25,963.07 11.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 14 GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation One Time Fee (per agency; population 1-100,000) N/A 2488-1 GeoComm $1,247.28 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation One Time Fee (per agency; population 100,001- 500,000) N/A 2488-2 GeoComm $1,871.14 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Validation One Time Fee (per agency; population 500,001- 1,000,000) N/A 2488-3 GeoComm $3,430.80 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation One Time Fee (per agency; population 1- 100,000) N/A 2488-5 GeoComm $2,169.18 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation One Time Fee (per agency; population 100,001- 500,000) N/A 2488-6 GeoComm $3,254.16 11.00% GeoComm GIS Software for Public Safety GeoComm GIS Data Hub Aggregation One Time Fee (per agency; population 500,001- 1,000,000) N/A 2488-7 GeoComm $5,966.62 11.00% GeoComm GIS Software for Public Safety GeoComm Maintainer GIS Data Manager; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum of 1 year-term contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2474 GeoComm $2,073.00 11.00% GeoComm GIS Software for Public Safety GeoComm Maintainer MSAG Manager; Term Licensing and Support & Maintenance (per license) (first year due at contract signing; minimum of 1 year-term contract) (annual price) Notes: Prices quoted do not include services for installation and training (remote or onsite), or GIS setup services for software. These services may be required and will be quoted separately based on the hourly rates provided. N/A 2475 GeoComm $899.00 11.00% GeoComm GIS Software for Public Safety GeoComm Resolver N/A 2524 GeoComm $0.00 11.00% GeoComm GIS Software for Public Safety GeoComm Submitter N/A 2523 GeoComm $399.00 11.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 SERVICE NAME SERVICE DESCRIPTION (provide detailed service features) Part/Service Number MSRP/List COST EACH/Per Unit Unit of Issue Discount % off MSRP/List (2 decimals) GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Specialist (2020 hourly rate) 2224 $140 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Training Specialist (2020 hourly rate) 2491 $122 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist I (2020 hourly rate) 2492 $103 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist II (2020 hourly rate) 2493 $140 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist III (2020 hourly rate) 2494 $160 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Software Developer (2020 hourly rate) 2226 $159 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Manager (2020 hourly rate) 2222 $185 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Manager (2020 hourly rate) 2495 $185 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Technical Support Manager (2020 hourly rate) 2496 $185 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Project Manager (2020 hourly rate) 2219 $185 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Senior Project Manager (2020 hourly rate) 2497 $244 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Subject Matter Expert (2020 hourly rate) 2228 $255 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Analyst (2020 hourly rate) 2490 $171 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Specialist (2021 hourly rate) 2224 $147 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Training Specialist (2021 hourly rate) 2491 $128 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist I (2021 hourly rate) 2492 $108 Per Hour Rate 1.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 16 GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist II (2021 hourly rate) 2493 $147 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist III (2021 hourly rate) 2494 $168 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Software Developer (2021 hourly rate) 2226 $161 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Manager (2021 hourly rate) 2222 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Manager (2021 hourly rate) 2495 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Technical Support Manager (2021 hourly rate) 2496 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Project Manager (2021 hourly rate) 2219 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Senior Project Manager (2021 hourly rate) 2497 $256 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Subject Matter Expert (2021 hourly rate) 2228 $268 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Analyst (2021 hourly rate) 2490 $180 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Specialist (2022 hourly rate) 2224 $154 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Training Specialist (2022 hourly rate) 2491 $134 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist I (2022 hourly rate) 2492 $114 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist II (2022 hourly rate) 2493 $154 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist III (2022 hourly rate) 2494 $176 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Software Developer (2022 hourly rate) 2226 $176 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Manager (2022 hourly rate) 2222 $204 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Manager (2022 hourly rate) 2495 $204 Per Hour Rate 1.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 17 GIS Hourly Rate Services for Customer Defined Scope of Work Technical Support Manager (2022 hourly rate) 2496 $204 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Project Manager (2022 hourly rate) 2219 $204 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Senior Project Manager (2022 hourly rate) 2497 $269 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Subject Matter Expert (2022 hourly rate) 2228 $281 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Analyst (2022 hourly rate) 2490 $189 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Specialist (2023 hourly rate) 2224 $162 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Training Specialist (2023 hourly rate) 2491 $141 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist I (2023 hourly rate) 2492 $119 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist II (2023 hourly rate) 2493 $162 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist III (2023 hourly rate) 2494 $185 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Software Developer (2023 hourly rate) 2226 $184 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Manager (2023 hourly rate) 2222 $214 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Manager (2023 hourly rate) 2495 $214 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Technical Support Manager (2023 hourly rate) 2496 $214 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Project Manager (2023 hourly rate) 2219 $214 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Senior Project Manager (2023 hourly rate) 2497 $283 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Subject Matter Expert (2023 hourly rate) 2228 $295 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Specialist (2024 hourly rate) 2224 $170 Per Hour Rate 1.00% DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 18 GIS Hourly Rate Services for Customer Defined Scope of Work Training Specialist (2024 hourly rate) 2491 $148 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist I (2024 hourly rate) 2492 $125 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist II (2024 hourly rate) 2493 $170 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Specialist III (2024 hourly rate) 2494 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Software Developer (2024 hourly rate) 2226 $194 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Manager (2024 hourly rate) 2222 $225 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Implementation Manager (2024 hourly rate) 2495 $225 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Technical Support Manager (2024 hourly rate) 2496 $225 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Project Manager (2024 hourly rate) 2219 $225 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Senior Project Manager (2024 hourly rate) 2497 $297 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work Subject Matter Expert (2024 hourly rate) 2228 $310 Per Hour Rate 1.00% GIS Hourly Rate Services for Customer Defined Scope of Work GIS Analyst (2024 hourly rate) 2490 $208 Per Hour Rate 1.00% Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 19 Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor’s authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 20 ATTACHMENT B to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL SELLER WARRANTIES To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 21 ATTACHMENT C to Master Price Agreement by and between VENDOR and PURCHASER. PARTICIPATING AGENCIES The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency. Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 22 ATTACHMENT D to Master Price Agreement by and between VENDOR and PURCHASER. Vendor’s Proposal (The Vendor’s Proposal is not attached hereto.) (The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 23 ATTACHMENT E to Master Price Agreement by and between VENDOR and PURCHASER. Purchaser’s Request for Proposal (The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 24 ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. DocuSign Envelope ID: A8485B22-4954-4AB9-93F1-CE312959E9E2 Certificate Of Completion Envelope Id: A8485B2249544AB993F1CE312959E9E2 Status: Completed Subject: Please DocuSign: MPA 2020 Between LOC and Geo-Comm - MS FINAL.pdf Source Envelope: Document Pages: 24 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Bill DeMars AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1100 Olive Way Suite 1020 Seattle, WA 98101 bill.demars@nppgov.com IP Address: 173.29.186.28 Record Tracking Status: Original 5/27/2020 7:44:01 AM Holder: Bill DeMars bill.demars@nppgov.com Location: DocuSign Signer Events Signature Timestamp Heather Hoskins hhoskins@geo-comm.com VP of Finance & Administration GeoComm, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.88.25.165 Sent: 5/27/2020 7:47:29 AM Viewed: 5/27/2020 7:49:04 AM Signed: 5/27/2020 7:49:38 AM Electronic Record and Signature Disclosure: Accepted: 5/27/2020 7:49:04 AM ID: 04f05f07-2be8-4869-95bb-26ee851a2662 Mike Cully mcully@orcities.org Executive Director Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 71.63.237.219 Sent: 5/27/2020 7:49:41 AM Viewed: 5/27/2020 8:54:32 AM Signed: 5/27/2020 8:54:44 AM Electronic Record and Signature Disclosure: Accepted: 5/27/2020 8:54:32 AM ID: 9bc9511e-b8bb-4906-8753-ce868290442c 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 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/27/2020 7:49:41 AM Certified Delivered Security Checked 5/27/2020 8:54:32 AM Signing Complete Security Checked 5/27/2020 8:54:44 AM Completed Security Checked 5/27/2020 8:54:44 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user 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. Getting paper copies At any time, you may request from us a paper 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 copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you 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. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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 Express 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, acknowledgements, 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. Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Heather Hoskins, Mike Cully How to contact National Purchasing Partners: 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: bruce.busch@mynpp.com To advise National Purchasing Partners 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 bruce.busch@mynpp.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email 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 copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to bruce.busch@mynpp.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with National Purchasing Partners 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 bruce.busch@mynpp.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us 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 receiving 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 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 National Purchasing Partners as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by National Purchasing Partners during the course of my relationship with you. Certificate Of Completion Envelope Id: B7BED7F29A744D90AA3ECB8D8316E4CA Status: Completed Subject: Geo-Comm, Inc. | Pitkin County Contract 162.24 for Review and Signature Source Envelope: Document Pages: 52 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: 76.25.143.56 Record Tracking Status: Original 9/18/2024 12:46:25 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Bradley Flanagan brad.flanagan@pitkin911.org Emergency Operations Manager Pitkin County Regional Emergency Dispatch Center Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 24.9.42.167 Sent: 9/18/2024 12:58:59 PM Viewed: 9/18/2024 1:00:38 PM Signed: 9/18/2024 1:00:55 PM Electronic Record and Signature Disclosure: Accepted: 11/12/2021 6:13:25 PM ID: 33cfe66c-db7f-4494-86ce-fd2b075e7dc6 Company Name: Pitkin County, Colorado Brian Jacobson bjacobson@geocomm.com CFO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 66.41.161.237 Sent: 9/18/2024 1:00:57 PM Resent: 9/18/2024 1:03:44 PM Resent: 9/24/2024 9:35:58 AM Resent: 9/24/2024 12:34:08 PM Viewed: 9/24/2024 12:59:17 PM Signed: 9/27/2024 11:00:21 AM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 12:59:17 PM ID: 0f2a1bc3-334c-432a-a497-125c464aac3f 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: 9/27/2024 11:00:23 AM Viewed: 9/27/2024 11:46:21 AM Signed: 9/27/2024 12:17:53 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/27/2024 12:17:55 PM Resent: 9/27/2024 12:18:02 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/27/2024 12:17:56 PM Viewed: 9/27/2024 12:27:46 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sadie Duncomb sduncomb@geocomm.com Security Level: Email, Account Authentication (None) Sent: 9/27/2024 12:17:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Flanagan brad.flanagan@pitkin911.org Emergency Operations Manager Pitkin County Regional Emergency Dispatch Center Security Level: Email, Account Authentication (None) Sent: 9/27/2024 12:17:58 PM Electronic Record and Signature Disclosure: Accepted: 11/12/2021 6:13:25 PM ID: 33cfe66c-db7f-4494-86ce-fd2b075e7dc6 Company Name: Pitkin County, Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/18/2024 12:58:59 PM Envelope Updated Security Checked 9/18/2024 1:03:44 PM Envelope Updated Security Checked 9/24/2024 12:34:07 PM Envelope Updated Security Checked 9/24/2024 12:34:07 PM Envelope Updated Security Checked 9/24/2024 12:34:07 PM Envelope Updated Security Checked 9/24/2024 12:34:07 PM Certified Delivered Security Checked 9/27/2024 11:46:21 AM Signing Complete Security Checked 9/27/2024 12:17:53 PM Completed Security Checked 9/27/2024 12:17:58 PM 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: Bradley Flanagan, Brian Jacobson, Brad Flanagan 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.