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HomeMy WebLinkAboutbocc.con.141.248/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10020100.556505 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 Jeff Hembury County Representative Phone (970) 429-3338 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 39,587.60 $ - $ - $ 39,587.60 HR & Risk Mgmt Contract to provide Pitkin County with Learning Management Content services. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Learning Management System Content Go1 USA LLC $ 39,587.60 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 39,587.60 Informal Services/Maintenance 11/1/2024 10/31/2025 New Contract 141.24 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 Contract #: 10020100.556505 Rev. 2022.08.04 CDD PITKIN COUNTY, COLORADO INFORMAL PROCUREMENT MEMORANDUM TO: File FROM: Jeff Hembury, Human Resources Manager RE: Informal Procurement under $50,000 DATE: September 19, 2024 Description of Project: Learning Management System Content Budgeted Amount: $40,000.00 Project Budget approved by BOCC: Yes Contractors Contacted: Open Sesame (www.opensesame.com), Go1 (www.go1.com), and N/A Proposals Received: Vendor Name Proposal Amount Timeline Other Information Open Sesame (www.opensesame.com) $39,465.00 Go1 (www.go1.com) $39,587.60 November 1 Implementation N/A $0.00 Firms chosen: Go1, Both vendors were evenly matched during our demos - we had a small group of employees sit in on them & there was no clear favorite. We spoke to customers of both vendors and pricing was similar. The differentiating factor is that Go1 can also offer a portal for employees to learn on their own, in addtion to supplying compliance and leadership content for the County. Employees can access Go1 on their own devices to take courses through Coursera and listen/read book summaries on Blinkist. COUNTY REPRESENTATIVE: ________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date 09/23/2024 Contract # 141.24 Revision: 2023.12.15 CDD 1 PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES THIS CONTRACT, made October 1, 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 Go1 USA LLC, 548 Market Street PMB 40720, San Francisco, CA 94104 (hereinafter called the “Contractor”) to perform the following work: Learning Management System Content (“Project”). I. Term of Contract: The term of this Contract is from November 1, 2024 to October 31, 2025. 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 Learning Management Content services as described in Attachment “A”. In preforming the work, Contractor will meet each of the County requirements for the project. 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-Nine Thousand Five Hundred Eighty-Seven dollars and Sixty cents ($39,587.60) 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 Contract # 141.24 Revision: 2023.12.15 CDD 2 emailing pdf copies to AP@PitkinCounty.com with the County Project Contact listed within this Contract in copy. 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. Jeff Hembury, Human Resources Manager will manage the project as the County’s Representative. In the event that Jeff Hembury is not available, Melissa Knight, Human Resources Director 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 Contract # 141.24 Revision: 2023.12.15 CDD 3 products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 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 Contract # 141.24 Revision: 2023.12.15 CDD 4 investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 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. Contract # 141.24 Revision: 2023.12.15 CDD 5 Minimum Limits: Coverage A (Workers’ Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability – ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”. 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Contract # 141.24 Revision: 2023.12.15 CDD 6 Coverage Bodily/Property Damage (Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ☐ Performance Bond $ b. ☐ Professional Errors and Omissions c. ☐ Aircraft Liability d. ☐ Owner’s Protective e. ☐ Builder’s Risk f. ☐ Boiler and Machinery g. ☐ Loss of Use Insurance h. ☐ Pollution Liability i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this 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 Contract # 141.24 Revision: 2023.12.15 CDD 7 expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. 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 Contract # 141.24 Revision: 2023.12.15 CDD 8 shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this Contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this Contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XIX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Jeff Hembury 530 E Main Street Aspen, CO 81611 Email: jeff.hembury@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Go1 USA LLC 548 Market Street PMB 40720 San Francisco, CA 94104 Phone: (801) 349-6988 Email: william.uttah@go1.com Contract # 141.24 Revision: 2023.12.15 CDD 9 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. GO1 USA LLC ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Human Resources Manager Jan-14-2025 Jeff Hembury AR Manager Jan-22-2025 Nicole Rodriguez V20240115 GO1 USA LLC 548 Market St PMB 40720 San Francisco, CA 94104-5401 (“Go1”) Offer Valid Through: 10/5/2024 Prepared By: William Uttah Address Information Customer Name: Pitkin County Billing Contact Name: Jeff Hembury Billing Contact Address: 120 N Mill St, Aspen, Colorado 81611 United States Billing Contact Email: jeff.hembury@pitkincounty.com Order Information License Term Start Date: 11/1/2024 License Term (in months): 12 Billing Frequency: Annual Payment Terms: Net 30 Payment Method: ACH Currency: USD At the end of the License Term and each Renewal Term, the Services will automatically renew for additional period(s) of twelve (12) months, unless and until either party provides the other party with at least thirty (30) days’ prior written notice to not renew. Go1 may increase the Fees by the greater of three percent (3%) or CPI at each 12-month anniversary of the License Term Start Date Go1 Products & Services Go1 Products List Price Sales Price Discount(%) # of Licenses Total For Year 1 Premium Pro  Full access to Premium Pro e-learning content sourced from over 250 content providers, including Go1's expanded Pro Library.  Full access to Blinkist Enterprise mobile and web application (if applicable). o Admin & reporting capabilities for Blinkist Enterprise via the Blinkist web application. o Does not include Blinkist Coaching.  Admin and reporting capabilities via the Go1 platform (if applicable).  Content consumption via the Go1 platform (if applicable)  Access to APIs and third-party integrations (*additional fees may apply for premium integration partners).  Access to Content Consulting Services (*additional fees apply). $114.00 $93.48 18.00% 370.00 $34,587.60 Go1 Services List Price Sales Price Discount(%) # of Licenses Total V20240115 Estimated Grand Total excluding taxes $39,587.60 Annual contract value $34,587.60 Any discounts apply during the initial License Term only. If the Customer exceeds the Service Capacity as outlined in this Order Form, Go1 will invoice the Customer the additional annual subscription Fees which shall be billed at 105% of Go1’s then current list price. . This Order Form is effective as of the date of last signature. This Order Form is subject to, and incorporates by reference, the Go1 Customer Terms found at https://www.go1.com/terms/customer-terms. The signatories below are authorized to sign for and on behalf of their respective organizations and warrant that they have the authority to do so. CUSTOMER SIGNATURE GO1 USA LLC Signature: \s1\ Signature: \s2\ Name: \n1\ Name: \n2\ Title: \t1\ Title: \t2\ Date: \d1\ Date: \d2\ Implementation Services (Tier 2/3) Access to the following post-sale implementation services: An Implementation Project Manager, who will meet with you up to 1 x 1 hour per week during the course of your implementation period (up to 12 weeks). $10,000.00 $5,000.00 50.00% 1.00 $5,000.00 Certificate Of Completion Envelope Id: B9538BF4-0E92-424B-B10B-C50D352A59EB Status: Completed Subject: Go1 USA LLC | Pitkin County Contract 141.24 for Review and Signature Source Envelope: Document Pages: 13 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 1/14/2025 6:48:19 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Jeff Hembury jeff.hembury@pitkincounty.com Human Resources Manager Pitkin County Colorado Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/14/2025 6:49:12 AM Viewed: 1/14/2025 8:24:41 AM Signed: 1/14/2025 8:25:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Nicole Rodriguez Nicole.rodriguez@go1.com AR Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 72.190.138.51 Sent: 1/21/2025 8:56:14 AM Viewed: 1/21/2025 9:25:57 AM Signed: 1/21/2025 9:26:11 AM Electronic Record and Signature Disclosure: Accepted: 1/21/2025 9:25:57 AM ID: ca32f866-6109-4c0f-84fb-b159c3a9ca9e Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Robin Rodriguez robin.rodriguez@go1.com Accounts Receivable Go1 USA LLC Security Level: Email, Account Authentication (None) Sent: 1/21/2025 8:56:15 AM Viewed: 1/21/2025 9:53:13 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/21/2025 9:26:13 AM Resent: 1/21/2025 9:26:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/21/2025 9:26:13 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/14/2025 6:49:12 AM Certified Delivered Security Checked 1/21/2025 9:25:57 AM Signing Complete Security Checked 1/21/2025 9:26:11 AM Completed Security Checked 1/21/2025 9:26:14 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Nicole Rodriguez 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. 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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. 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