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HomeMy WebLinkAboutresolution.council.057-24RESOLUTION #57 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, THE TO" OF BASALT, THE TOWN OF SNOWMASS VILLAGE, AND THE SPECIAL DISTRICTS OF THE ASPEN FIRE PROTECTION DISTRICT, THE ROARING FORK FIRE RESCUE AUTHORITY AND THE ASPEN AMBULANCE DISTRICT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an intergovernmental agreement, between the City of Aspen, Pitkin County, Town of Snowmass Village, and Town of Basalt, and the Special Districts of Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, and Aspen Ambulance District, a true and accurate copy of which is attached hereto as Exhibit "A"; and a corrected Addendum "A" as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Intergovernmental Agreement for the operations administration and financial support of the Pitkin County Regional Emergency Dispatch Center between the City of Aspen, Pitkin County, Town of Snowmass Village, and Town of Basalt, and the Special Districts of Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, and Aspen Ambulance District, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of 2024. �i Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, 2024. Nicole Henning, City Clerk INTERGOVE ADMINIS7 �REEMENT FOR THE OI N AND FINANCIAL S REGIONAL )F THE PITKIN COUP DISPATCH CE THIS INTERGOVERNMENTAL AGREEMENT (IGA, the "Agreement") is made this 1st day of January, 2024, by and between Pitkin County, City of Aspen, Town of Snowmass Village, and Town of Basalt, and the Special Districts of Aspen Fire Protection District, Roaring Fork Fire Rescue Authority, and Aspen Ambulance District, each being a governmental entity or special district providing services within Pitkin County, and identified areas of Eagle County, State of Colorado, and hereinafter severally referred to by name or collectively as the "Participating Members," WITNESSETH: WHEREAS the agreement is entered into pursuant to, inter alia, C.R.S. § § 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, Participating Members entered into an original Intergovernmental Agreement with Pitkin County on February 23, 1976, No. 012-1976; as amended on March 1, 1983, No. 0114983 March 3, 1990, No 0504990 May 13, 2009, No 031-2009; and May 28, 2014, No. 063-2014 establishing a joint public safety communications system, serving their respective jurisdictions; and WHEREAS, the Participating Members furnish fire/emergency medical services and/or law enforcement protection and other public safety services to the citizens and residents within the boundaries and areas of their respective service areas; and WHEREAS, to date, the Regional Emergency Dispatch Center (the "Center") has 1 provided services to all the Participating Members for a fee established by the Center as a department under the direct control and supervision of Pitkin County; and WHEREAS, the Participating Members each hereby determine and declare that this IGA is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety; and. NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the Participating Members, as herein set forth, IT IS AGREED UPON as follows: ARTICLE I —TERM AND EFFECT 1. Effect of IGA. Except as expressly provided herein, this IGA shall replace and supersede all prior agreements of any kind between all or any of the Participating Members and any or all other Participating Members hereto, to the extent and for the limited purpose as such other agreements may be related to the provision of services by the Pitkin County Regional Emergency Dispatch Center. The previous Intergovernmental Agreement (IGA), as amended, is hereby terminated and of no further force and effect. 2. Term. The initial term of this IGA shall commence on July 1, 2023 and expire on December 31, 2028. Upon the expiration of the initial term, the IGA shall automatically renew for an additional five (5) year renewal term and will automatically renew for additional five (5) year terms thereafter, subject to the provisions of "Article V, Default, Termination & Withdrawal," ARTICLE II —DISPATCH CENTER OPERATIONS 1. Administration of the Center -County Government. CA* The Center functions as a department of IL III County, under the administrative responsibility of the County Manager or their designee. b. The Center shall be administered and supervised by the Emergency Dispatch Director, or other designated position by the County. All persons employed �a by the Center, including the Director, are Pitkin County employees, subject to all Pitkin County personnel policies and procedures, and eligible for all Pitkin County employee benefits available to like employees. c. Pitkin County shall have fiduciary responsibility for the Center and shall be its fiscal agent. The financial and budgetary process for the Center shall foHow Pitkin County policy and procedure regarding such matters. d. Pitkin County shall provide defined overhead services for the Center including, but not limited to County Manager services, payroll administration, human resource services, legal services, information systems services, Any and all costs associated with the provision of overhead services shall be annually borne through Participating Member fees. e. The spaces housing Center functions are controlled and managed by Pitkin County and the County shall exercise control with respect to its use, maintenance and care. f. All right, title and interest to the assets of the Center including, without limitation, all equipment, hardware, software, furniture, fixtures and supplies are the property of Pitkin County. Portable and mobile radios, pagers and associated equipment purchased by Participating Members are excluded and remain the property of the respective agency. g. The Center and County shall develop a proposed annual budget for review by the Communications Board by June 30th each year. The Communications Board will recommend revisions and/or approve for adoption by the BOCC. h. The County Home Rule Charter, along with the administrative, financial, and management policies, procedures, regulations, and ordinances of Pitkin County shall apply with respect to the operation and management of the Center. 3 2. Governance of the Center - Communications Board. a. The purpose of the Board is to provide representatives of the Participating Member agencies with a means to offer advice, suggestions and recommendations to the Director and the County with respect to the operation and management of the Center to ensure the effective operation and delivery of services by the Center. b. The Board shall be comprised of the following individuals of Participating Member agencies: i. Pitkin County Sheriff or their designee; ii. City of Aspen Police Chief or their designee; iii. Town of Snowmass Village Police Chief or their designee; iv. Town of Basalt Police Chief or their designee; v. Aspen Fire Protection District Chief or their designee; vi. Roaring Fork Fire Rescue Authority Chief or their designee; Aspen Ambulance District Chief or their designee; viii. Pitkin County Manager or their designee. c. Term length for each Board member is perpetual, as long as their agency remains in compliance with the terms and conditions of this IGA. d. The Board shall assume and carry out the following duties and responsibilities: I. Meet as often as may be required, but not less than once during each quarter of the calendar year. Make recommendations and determinations regarding the definition of emergency services, expectations for service levels and the appropriate use of Center services. Oversee operational goals and guidelines for the Center. iv. Review the proposed annual budget, providing recommendations to the Director and Pitkin County. v. Evaluate and adopt the methodology for allocating costs to Participating Members and User Agencies. 0 vi. Provide input on the performance of the Director, as appropriate, to the County Manager for formal consideration during the Director's performance reviews. e. The Board shall set and maintain its own by-laws, policies and procedures related to the conduct of meetings, standards for members, and ali other internal matters, provided such matters in no way interfere with the policies and procedures of Pitkin County. 3. Emergency Dispatch Director. a. The Director reports to and receives supervision from the Pitkin County Manager or their designee. b. The duties of the Director shall include: i. Responsibility for the day-to-day operations of the Center, operational budget control, personnel management, long range and capital planning. Recommending the appointment, promotion and termination of Center employees, subject to Pitkin County policies and procedures. Attending Communications Board meetings. iv. Working regularly with the Board or its designee to develop operational protocols. 4. CJIS Network and Technology /Application Services. a. The Pitkin County Network is maintained by Pitkin County. By using network resources, all Participating Members agree to comply with the current Criminal Justice Information System (CJIS) Security Policy. The Dispatch Center is entrusted with the oversight of managing, accessing, and sharing criminal justice information within the CJIS network. This encompasses the critical task of adhering to the guidelines, standards, and protocols established by the CJIS Division of the Federal Bureau of Investigation (FBI) and complying with relevant state and federal laws. To ensure strict adherence, the Dispatch Center must uphold all existing Management Control agreements (MCA) and Interagency Agreements (IGAs) associated with the CJIS network and our partner agencies. As the primary managing entity of the CJIS network, the Dispatch Center assumes responsibility for the physical networks, servers, applications, and infrastructure. This entails performing proper maintenance and configuration and implementing robust security measures and applications to guarantee the seamless and efficient operation of the CJIS network in support of the user agencies. Additionally, the Dispatch Center will actively collaborate with user agencies and their technical representatives, providing valuable assistance and support for our shared CJIS systems and applications. 1. Payment for Services. The Participating Members agree to the payment of a fee for the Services equal to an allocated annual share of the overall operating costs of the Center. The collection schedule for Participating Members shall be developed on an annual basis and addendums approved by a majority of the Communication Board voting members.. 2. Capital Budget. Capital expenditures for the Center, known as the Capital Budget, shall be budgeted separately from operations as part of the County's Capital Plan, The Capital budget shall be based on a 10-year plan identifying all capital expenditures for improvements and replacement of equipment/systems. Modifications to the Capital Budget, in terms of monetary obligations, as well as the contribution formula, may be recommended and approved by the Board as deemed appropriate. It is agreed by and between the Participating Members that the Center may be in a position 0 to furnish dispatch communication services to other governmental, quasi -governmental, or non -governmental entities, and in this regard, the Participating Members hereby expressly agree and consent that any such contract or agreement for the provision of services to such other entities and the Center shall be either through amendment to this IGA, or through a separate document on the same terms and condition as this IGA, including the formula used for annual cost calculations, as well as any other terms and conditions that the Center may deem appropriate which are not inconsistent with this IGA, do not lessen the service to, or increase the charges due from the other Participating Members. Notwithstanding the foregoing, Participating Members all acknowledge that certain governmental entities, at a maximum threshold of service demand as set by the Board, may potentially opt to forego participating membership into the Center per this agreement, and instead contract with the Center for services. ARTICLE V —DEFAULT, TERMINATION &WITHDRAWAL 1. Notice of Default. In the event any Participating Member fails to appropriate funds during the annual budget process or pay its share of the operating costs when due, or is otherwise in default under its obligations per this IGA, the County shall cause written notice to be given to the defaulting Participating Member's legislative body or other authority that approved this IGA, of the Center's intention to suspend performance of Center Services under this IGA as to such Participating Member in default unless such default is cured within twenty (20) days from the date of such notice. Such notice shall be set forth in reasonable detail, with the nature of the default and the required action to cure the same. 2. Suspension of Performance. Upon failure to cure said default within the said twenty (20) days period, performance of Center Services under this IGA shall be immediately suspended by the County, to the defaulting Participating Member only. 3. Emergency Center Services. Notwithstanding anything above to the contrary, said suspension of performance of Center Services under this IGA shall not include any suspension of performance of "Emergency Services" by the Center, as such term is defined by the Board, for the defaulting Participating Member. "Emergency Services" shall continue to be performed by the Center for the defaulting 7 Participating Member, and the County shall invoice the defaulting Participating Member for such emergency services at a rate as determined to be appropriate by the Board, for the duration of such suspension. All Participating Members hereto concur that such invoices shall be considered a good and valid debt for the payment of services provided, which may be collected and/or assigned through all available legal and equitable means. 4. Termination. If, after committing default under this IGA which necessitates a suspension of performance of Center services as discussed above, any defaulting Participating Member continues to fail to correct any default under the performance of this IGA for an additional period of three months, the County may provide said defaulting Participating Member with a notice of intention to terminate service to said defaulting Participating Member upon the end of the current fiscal and calendar year. Such termination shall effectively eliminate any and all rights the defaulting Participating Member may have to rely on the provision of any Center services, including without limit, all emergency services. Any Center assets that were partially or fully purchased with that Participating Member's funding shall stay with the Center. The defaulting Participating Member will receive no repayment for any money which was expended for the purchase of such assets under either this IGA, as such agreement now stands, or maybe amended from time to time. 5. Withdrawal. Except for non-appropriation,_if a Participating Member wishes to withdraw from the Center, cone- year written notice must be submitted to the County stating such intentions. Any Center assets that were partially or fully purchased with that Participating Member's funding shall stay with the Center. The withdrawing Participating Member will receive no repayment for any money which was expended for the purchase of such assets under either this IGA, as such agreement now stands, or maybe amended from time to time. 6. Survival of Agreement. Notwithstanding anything herein to the contrary, Participating Members understand and agree that all terms and conditions for this IGA shall remain in full force and effect regardless of an individual member's withdrawal or termination. E:� ARTICLE VI — GENERAL PROVISIONS 1. Appropriation of funds. a. Notwithstanding anything herein to the contrary, the obligations of each individual Participating Member under this IGA shall be, where appropriate, subject to the annual appropriation by that Participating Member's governing body, of funds sufficient to meet those obligations provided herein. In the event that sufficient funds are not so appropriated by any Participating Member, this Agreement may be terminated by either said Participating Member or the County as to said Participating Member. b. Nevertheless, no Participating Member shall be permitted to terminate or withdraw from this IGA prior to the end of a fiscal or calendar year due to such non -appropriation of funds, and in no circumstances shall any portion of any type of contribution of the Participating Member failing to so appropriate sufficient funds be returned or pro -rated due to such non - appropriation. c. No obligation provided in this IGA is intended to, or shall be interpreted to, constitute a multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado. 2. Modifications. No modification or waiver of this IGA, or modification of any covenant, condition, or provision herein contained, shall be made unless duly executed by a 5/8th or 64%majority of the Participating Member entities. 3. Entire Agreement. This IGA constitutes the entire agreement and understanding between the Participating Members on the subject matter hereof and supersedes any prior agreements or understandings relating to the subject matter of this IGA, except for other written agreements and understandings referred to herein. 4. Severability. All agreements and covenants contained herein are severable, and in the event that any such agreement or covenant is held invalid, by a court of competent jurisdiction, this IGA shall be interpreted as if such invalid agreement or covenant were not contained herein. G� 5. Notice. Any notice required or communication given pursuant to this IGA shall be in writing and shall be delivered by electronic delivery to the Communication Board Chair and by one of the following methods 1) all delivery or 2) electronic delivery by email or 3) registered or certified mail, postage pre -paid to the mailing address to the addresses listed in Addendum A to this IGA, Notification and Contact Information. Each Participating Member 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. If given in person, notice shall be deemed given when actually given. If given by certified mail, notice shall be deemed given at the time indicated on the duly completed return receipt. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personaI service of a summons or other legal process. 6. Governmental Immunity. No Participating Member hereto intends to waive, expressly or implicitly, by any provision of this IGA, the monetary limits or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as amended from time to time, or any other privilege or immunity provided by law. 7. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 8. No Benefit to Inure to Third Parties. This IGA does not, and shall not be deemed to, confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against any Participating Member because of any breach hereof, or because of any terms, covenants, agreements or conditions contained herein. 9. Attorneys Fees. If an action is brought to enforce this IGA, the prevailing party shall be entitled to reasonable attorneys fees and costs. 10 10. No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any Participating Member, 11. Benefit. This IGA shall be binding upon and shall inure to the benefit of the Participating Members hereto, their successors or assigns. 12. Insurance. Regardless of the obligation for the Center to carry ali proper and necessary insurance to provide appropriate coverage for its operations, all Participating Members hereto shall also be required to maintain insurance coverage at a minimum of the limits for liability set forth by the Colorado Governmental ImmunitySection 24-10-101, et seq., C.R.S., as amended from time to time. 13. Individual obligations. Each Participating Member is required to carry out and perform all the obligations of a Participating Member under this IGA independently of the actions of any and all other Participating Members. No Participating Member shall be responsible or liable for the failure of any other Participating Member to perform its obligations herein. 14. Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the Participating Member it represents to the terms and conditions hereof. ARTICLE VII —EFFECTIVE DATE &EXECUTION In accordance with CRS 8294-203 (1), this IGA shall not become effective as to any party unless and until it has been approved by all Participating Members hereto.. The initial term of this IGA and the rights and obligations inuring there under shall run concomitantly for aII Participating Members hereto, regardless of the date of signature of any one Participating Member. This IGA may be executed in counterparts. IN WITNESS HEREOF, the Participating Members hereto, acting under authority of their respective governing bodies, have caused this Agreement to be executed the day and year first above written. 11 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Greg Poschman5 Chair PITKIN COUNTY REGIONAL DISPATCH CENTER By:� Brett Loeb ASPEN POLICE DEPARTMENT Sara Ott, City Manager PITKIN COUNTY SHERIFF By 7 : 1 Michael Buglione, Sheriff TOWN OF SNOWMASS VILLAGE POLICE DEPARTMENT By: �� Clint Kinney, Town Manager ASPEN FIRE PROTECTION DISTRICT By: Rick Balentine ASPEN AMBULANCE DISTRICT Gabriel Muething Uji By: Scott Thompson TOWN OF BASALT By: Ryan Mahoney, Town Manager 12 Addendum A to this IGA, Notification "JULd Contact Information. To: Pitkin County Jon Peacock, County Manager 530 East Main St., Suite 302 Aspen, Colorado 81611 Email: jon.peacock@pitkincounty.com To; Aspen Police Department Kim Ferber Email: kim.ferberkaspen.gov, To: Michael Buglione, Sheriff Administration Sheriff's Building 530 East Main Street, lst Floor Aspen, Colorado 81611 Email: Michael. bu li�@,pitkinsheriff.com To: Brian Olson Town of Snowmass Village Police Department Bolsongtosv.com To: Rick Balentine Aspen Fire Protection District Rick.balentine(a�aspenfire.com To: Gabriel Muething Aspen Ambulance District Email: GMuething(j aspenshospital.org Scott Thompson Roaring Fork Fire Authority Email: sthompsongroaringforkfire.org To: Brett Loeb Pitkin County Regional Dispatch Center Email: Brett.loeb(i pitkin9l Lorg To: Ryan Mahoney Town of Basalt Email: ryan.mahoneyna basalt.net With copies to: Pitkin County Attorney's Office 530 East Main St., Suite 301 Aspen, Colorado 81611 Email: Attorne�@,pitkincounty com With copies to: Pitkin County Attorney's Office 530 East Main St., Suite 301 Aspen, Colorado 81611 Email: Attorney( pitkincount, 13 14 Addendum A to this IGA, Notification and Contact Information. To: Pitkin County Jon Peacock, County Manager 530 East Main St., Suite 302 Aspen, Colorado 81611 Email: jon.peacock@pitkincounty.com To; Aspen Police Department Kim Ferber Email: kim.ferbe@aspen.gov To: Michael Buglione, Sheriff Administration Sheriff's Building 530 East Main Street, lst Floor Aspen, Colorado 81611 Email: Michael.bu lig 'onegpitkinsheriff.com To: Brian Olson Town of Snowmass Village Police Department Bolson@tosv.com To: Rick Balentine Aspen Fire Protection District Rick.balentinekaspenfire.com To: Gabriel Muething Aspen Ambulance District Email: GMuethinggaspenhospital.org Scott Thompson Roaring Fork Fire Authority Email: sthompsongroaringforkfire.org To: Brett Loeb Pitkin County Regional Dispatch Center Email: Brett. loebna,pitkin911.org To: Ryan Mahoney Town of Basalt Email: ryan.mahoney@basalt.net With copies to: Pitkin County Attorney's Office 530 East Main St., Suite 301 Aspen, Colorado 81611 Email: Attorneykpitkincounty.com With copies to: Pitkin County Attorney's Office 530 East Main St., Suite 301 Aspen, Colorado 81611 Email: Attorneykpitkincount, 13 CocuS gly Certificate Of Completion Envelope Id: B3FBOA72590947B2AAD66154746BB35D Status: Completed Subject: Complete with DocuSign: 2024-01-25 IGA - PC Regional Emergency Dispatch Center FINAL 013024 (1)... Source Envelope: Document Pages: 15 Signatures: 9 Envelope Originator: Certificate Pages: 6 Initials: 0 Sam Engen AutoNav: Enabled 530 East Main Street Envelopeld Stamping: Disabled Suite 203 Time Zone: (UTC-07:00) Mountain Time (US & Canada) Aspen, CO 81611 sam.engen@pitkincounty.com IP Address: 67.165.254.246 Record Tracking Status: Original Holder: Sam Engen Location: DocuSign 3/28/2024 3:51:11 PM sam.engen@pitkincounty.com Signer Events Signature Timestamp Brett Loeb Sent: 3/28/2024 3:54:37 PM brett.loeb@pitkin911.org 9-1-1 Commander PCSO Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/2/2024 8:18:28 AM ID: 5986730a-1112-4467-a 1 d6-f74ff08058e4 Company Name: Pitkin County, Colorado Clint Kinney ckinney@tosv.com Town Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/30/2020 5:01:34 PM ID: 990a302a-91 b2-4d66-b6ed-cf79738e 129f Company Name: Pitkin County, Colorado Gabriel Muething GMuething@aspenhospital.org EMS DIRECTOR Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/7/2020 9:11:03 AM I D: 722e94e 1-da46-4f39-88d4-bc92976af2cb Company Name: Pitkin County, Colorado Greg Poschman greg.poschman@pitkincounty.com Pitkin County Commissioner Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 67.1900134.248 Signed using mobile Signature Adoption: Pre -selected Style Using IP Address: 75.148.114.109 Signature Adoption: Pre -selected Style Using IP Address: 107.1.179.254 Signature Adoption: Drawn on Device Using IP Address: 174.231.93.188 Signed using mobile Viewed: 3/29/2024 8:40:31 AM Signed: 3/29/2024 8:40:40 AM Sent: 3/28/2024 3:54:38 PM Resent: 4/2/2024 1:05:31 PM Resent: 4/11/2024 3:38:02 PM Resent: 4/22/2024 8:15:28 AM Viewed: 4/22/2024 11:23:26 AM Signed: 4/22/2024 11:23:37 AM Sent: 3/28/2024 3:54:38 PM Viewed: 3/29/2024 8:27:15 AM Signed: 3/29/2024 8:47:12 AM Sent: 3/28/2024 3:54:39 PM Resent: 4/2/2024 1:05:31 PM Viewed: 4/2/2024 1:06:20 PM Signed: 4/2/2024 1:06:46 PM Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 5/16/2024 12:07:09 PM ID: 06e6953c-742f-4035-a201-4d82b8d83d b9 Company Name: Pitkin County, Colorado Michael Buglione Michael.buglione@pitkinsheriff.com Sheriff Pitkin County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/2/2024 10:59:26 AM ID: 534fe8d0-a7e0-4afd-8c6e-c7c9f9f95627 Company Name: Pitkin County, Colorado Rick Salentine Rick.balentine@aspenfire.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted; 3/28/2024 5:31;19 PM ID: 81 fe4a99-2c04-458b-bc80-4b28b3928e51 Company Name: Pitkin County, Colorado Ryan Mahoney Ryan. mahoney@basalt.net Town Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/2/2024 1:37:24 PM ID: 2ab5ed56-b3be-41 e8-a5fe-1 f07b68aaaef Company Name: Pitkin County, Colorado Sara Ott Sara.ott@aspen.gov City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/16/2024 12:49:26 PM ID: 7e9ba1 a6-470c-4b34-8c84-70e1 e463f88f Company Name: Pitkin County, Colorado Scott Thompson shompson@roaringforkfire.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/2/2024 1:59:50 PM ID: b236fbcf-439d-482d-85ca-51a912fdd687 Company Name: Pitkin County, Colorado � �� Sent: 3/28/2024 3:54:39 PM Resent: 4/2/2024 1:05:31 PM Resent: 4/11/2024 3:38:02 PM Viewed: 4/11/2024 4:02:10 PM Signature Adoption: Drawn on Device Signed: 4/11/2024 4:02:58 PM Using IP Address: 174.218.174.238 Signed using mobile Sent: 3/28/2024 3:54:39 PM �tG�c 5Alnit A, Viewed: 3/28/2024 5:31:19 PM Signed: 3/28/2024 5:31:35 PM Signature Adoption: Pre -selected Style Using IP Address: 73.34.146.42 Sent: 3/28/2024 3:54:40 PM bV�I Resent: 4/2/2024 1:05:31 PM Viewed: 4/2/2024 1:37:24 PM Signature Adoption: Pre -selected Style Signed: 4/2/2024 1:38:23 PM Using IP Address: 209,140.5.82 Sent: 3/28/2024 3:54:39 PM Sa►V'a �} Resent: 4/2/2024 1:05:32 PM Resent: 4/11/2024 3:38:02 PM Resent: 4/22/2024 8:15:29 AM Signature Adoption: Pre -selected Style Resent: 4/26/2024 8:00:18 AM Using IP Address: 205.170.51.30 Viewed: 5/16/2024 12:49:26 PM Signed: 5/16/2024 12:49:39 PM Sent: 3/28/2024 3:54:40 PM SCb{� �,b►MpSbtn. Resent; 4/2/2024 1:05:32 PM Viewed: 4/2/2024 1:59:51 PM Signature Adoption: Pre -selected Style Signed: 4/2/2024 2:00:12 PM Using IP Address: 173.8.251.169 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 Sun Envelope Sent Envelope Updated Envelope Updated Certified Delivered Signing Complete Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked 3/28/2024 3:54:41 PM 3/29/2024 8:44:06 AM 4/26/2024 8:00:17 AM 4/2/2024 1:59:51 PM 4/2/2024 2:00:12 PM Completed Security Checked 5/16/2024 12:49:39 PM Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Brett Loeb, Clint Kinney, Gabriel Muething, Greg Poschman, Michael Buglione, Rick Balentine, Ryan Mahoney, Sara Ott, Scott Thompson ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. 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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: Piticin 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 it 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: 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 ility to download and print any documents we send to the DocuSign system you will have the ab 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 is. Thus, you can receive all the disclosures and notices electronically or in paper format through il delivery system. If you do not agree with this process, please let us know as the paper ma 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 now 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 a -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.0 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.