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HomeMy WebLinkAboutC11-027 Impact Marketing Agreement AGREEMENT BETWEEN EAGLE COUNTY
AND
IMPACT MARKETING
This Agreement ("Agreement") dated as of this ,) day of T ,
2011, is between the County of Eagle, State of Colorado, a body corporate and politic, by
and through its Board of County Commissioners ( "County "), and IMPACT Marketing,
Colorado corporation, with a principal mailing address of 111 M, Aspen Airport Business
Center, Aspen Colorado, 81611 ( "the Firm ")
WHEREAS, the United States Department of Energy ( "DOE ") has partnered with
Eagle, Pitkin and Gunnison counties to create the Energy Smart Program (the "Program ")
with the objective to improve the energy efficiency of 10 %, or 4100 homes in Eagle,
Pitkin, and Gunnison counties by 20 %, utilizing energy audits, resource centers,
innovative financing options, workforce training, and comprehensive results calculations;
and
WHEREAS, County is the lead recipient of the DOE grant for the creation and
administration of the Program (the "Grant"); and
WHEREAS, pursuant to the Grant agreement, County is to manage and
administer the Program within the three counties; and
WHEREAS, the Grant included funding for marketing and outreach for the
Program; and
WHEREAS, the Jurisdictional Program Manager and various other staff members
from each of the three counties (the "Energy Smart Management Team ") selected the
Firm from a pool of applicants responding to its request for proposals for marketing
services; and
WHEREAS, County and the Firm intend by this Agreement to set forth the scope of
the responsibilities of the Firm in connection with the marketing services and related terms and
conditions to govern the relationship between Firm and County in connection with the
services.
AGREEMENT
NOW THEREFORE, based upon the representations by the Firm set forth in the
foregoing recitals, for good and valuable consideration, including the promises set forth
herein, the parties agree to the following:
1. Scope of Services:
1.1 The term "Work" as used herein shall mean the tasks, services and
activities the Firm is required to perform to fulfill its obligations under this Agreement,
particularly set forth in the attached Exhibit "A" labeled Scope of Services (hereinafter
called the "Work ") incorporated herein by reference. The Work is generally described as
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developing and implementing a comprehensive marketing and outreach plan to promote
the pro and to ultimately help achieve the stated goals of the Program.
1.2 Any revision, amendment or modification of this Agreement shall be valid
onl if in writing and signed by all parties. Except as may be expressly altered by the
am dment, all terms and conditions of this Agreement shall control. To the extent the
to s and conditions of this Agreement may conflict with Exhibit "A" or any future
exh bits or amendments, the terms and conditions of this Agreement shall control.
1.3 The Firm agrees that the Firm will not knowingly enter into any
arraigement with third parties that will conflict in any manner with this Agreement.
1.4 The Firm has given the County a proposal for performing the Work and
reprjesented that it has the expertise and personnel necessary to properly and timely
perform the Work.
1.5 At all times during the term of this Agreement, the Firm will comply with
the requirements of the Grant related to marketing and advertising for the Program.
2. Effective Date and Term of Agreement:
2.1 The parties agree that the Term of this Agreement shall be November 1,
2010 through December 31, 2011, unless earlier terminated or extended in accordance
with the terms of this Agreement. County shall not be liable to compensate the Firm for
any Work performed prior to November 1, 2010 or after the termination of this
Agrleement.
2.2 This Agreement may be terminated by either party for any reason with 15
day written notice, with or without cause, and without penalty. In the event the Firm
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file for bankruptcy or is declared bankrupt or dissolves, County may declare in writing
that this Agreement is terminated, and all rights of the Firm and obligations of County,
excpt payment of accrued but unpaid fees set forth in Section 2.3 hereof, shall terminate
immediately.
2.3 In the event of any termination of this Agreement, the Firm shall be
compensated only for accepted performance up to the date of termination, however,
bef re any final payment will be made, the Firm shall forthwith return any and all
une pended funds, unused products and materials, Program records, documents and
rep rts, entirely or partially completed, whether in electronic form or otherwise to
together an
Co t to ether with other data or materials supplied by County.
pp Y any Y
3. Independent Contractor:
3.1 With respect to the Work hereunder, the Firm acknowledges that it is
receiving grant money as a subgrantee for the purpose of providing Services to Eagle,
Pitkjin, and Gunnison County residents. Nothing in this Agreement shall be deemed to
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make the Firm or any of its agents, employees or officers an agent or employee of
County.
3.2 The Firm shall not have the authority to, and will not make any
commitments or enter into any agreement with any party on behalf of County without the
written consent of the Board of County Commissioners.
3.3 The Firm and its employees are not entitled to workers' compensation
benefits through the County. The Firm is solely responsible for necessary and adequate
workers' compensation insurance and shall be responsible for withholding and paying all
federal and state taxes. The Finn and its employees are not entitled to unemployment
insurance benefits unless unemployment compensation coverage is provided by an entity
other than the County. The Firm hereby acknowledges full and complete liability for and
timely payment of all local, state and federal taxes imposed including, without limitation,
tax on self - employment income, unemployment taxes and income taxes.
4. Payment Terms:
4.1 The Firm shall employ staff, and procure goods and services necessary to
complete the Work. Such employment and procurement shall be accomplished using the
grant funds and /or the Firm's resources and shall not increase the maximum amount
payable hereunder by the County.
4.2 The maximum amount payable to the Firm by County under this
Agreement is $118,000. Payment will be made on a monthly basis, as determined
appropriate by County from available associated DOE grant funds, upon invoice in the
form and manner approved by County. Such invoices shall be submitted monthly by the
Firm and shall accompany the quarterly update reports, when such reports are due.
Invoices must clearly demonstrate that the Work describe herein is being or has been
accomplished. County shall fully pay each invoice within 45 days of receipt thereof if
the amount invoiced represents acceptable performance by the Firm, however, payment
will be delayed if quarterly reports are not submitted in a timely manner.
4.3 If County is not satisfied with the completeness of a submitted invoice,
County may request the Firm to either revise the invoice or provide additional
information before payment will be made.
All invoices must be emailed to the following address to ensure proper payment:
adam.palmer@eaglecounty.us
4.4 If, prior to payment of compensation or reimbursement for services but
after submission to County of a request therefore by the Firm, County reasonably
determines that payment as requested would be improper because the Work was not
performed as prescribed by the provisions of this Agreement, County shall have no
obligation to make such payment. If, at any time after or during the Term or after
termination of this Agreement as hereinafter provided or expiration of this Agreement,
County reasonably determines that any payment theretofore paid by County to the Firm
was improper because the Work was not performed as prescribed by the provisions of
this Agreement, then upon written notice of such determination and request for
reimbursement from County, the Firm shall forthwith return such payment to County.
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Upon termination of this Agreement as provided herein or expiration of the term, any
une Cpended funds advanced by County to the Firm shall forthwith be returned to County.
4.5 Notwithstanding anything to the contrary contained in this Agreement, no
ch ges shall be made to the County nor shall any payment be made to the Firm in excess
of t e amount for any work done in respect of any period after December 31st of the
cal dar ear of the Term of this Agreement, without the written approval in accordance
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wit a budget adopted by the Board of County Commissioners in compliance with the
provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local
GoVernment Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
5. Reporting and Notification
5.1 The quarterly reports required to be produced by the Firm shall be in
accordance with the procedures of and in such form as prescribed by the County.
5.2 The Firm shall submit a final report to the County upon expiration or
sooner termination of this Agreement, containing an evaluation and review of the Firm's
performance and the final status of the Firm's obligations hereunder. In addition, the
Firth shall comply with all reporting and meeting requirements, including quarterly
meetings and reports updating the Firm's progress on the Work described herein.
5.3 Within 10 days after being served with any pleading in a legal action filed
with a court or administrative agency, related to this grant or which may affect the Firm's
ability to perform its obligations hereunder, the Firm shall notify county of such action
and (deliver copies of such pleadings to the County's principal representative for receiving
notie as identified herein. If County's principal representative is not then serving, such
notice and copies shall be delivered to the Eagle County Manager at 500 Broadway, P.O.
BoX 850, Eagle, CO, 81631.
5.4 Copies of any and all subcontracts entered into by the Firm to perform its
obligations hereunder shall be submitted to the County or its principal representative
upon request by the County. Any and all subcontracts entered into by the Firm related to
its erformance hereunder shall comply with all applicable federal and state laws and
shall provide that such subcontracts be governed by the laws of the State of Colorado.
6. Indemnification:
Within the limits allowed by law, the Firm shall indemnify County for, and hold
and defend the County and its officials, boards, officers, principals and employees
harmless from all costs, claims and expenses, including reasonable attorney's fees,
arising from claims of any nature whatsoever made by any person in connection with the
negligent acts or omissions of, or presentations by the Firm. This indemnification shall
not lapply to claims by third parties against the County to the extent that the County is
liable to such third art for such claim without and to the involvement of the Firm.
P Y regard
7. Firm's Professional Level of Care and Additional Duties:
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7.1 In rendering its services hereunder, the Firm shall comply with the highest
standards of customer service to the public. The Firm shall provide appropriate
supervision of its employees to ensure the maintenance of these high standards of
customer service and professionalism, the performance of such obligation to be
determined at the sole discretion of County. In the event that County finds these
standards of customer service are not being met by the Firm, County may terminate this
Agreement, in whole or in part, upon ten (10) days notice to the Firm.
7.2 All funds received by the Firm under this Agreement shall be or have been
expended solely for the purpose for which granted, and any funds not so expended,
including funds lost or diverted for other purposes, shall be returned to County. The Firm
shall provide the County with progress reports as more specifically set forth in the
attached Exhibit "A ".
7.3 The Firm shall make, keep, maintain and allow inspection and monitoring
by the County of a complete file for all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any
manner to the Work or the delivery of services (including, but not limited to the operation
of programs) or goods hereunder. The Firm shall maintain such records until the last to
occur of the following: (i) a period of seven years after the date of this Agreement, along
with any extensions or renewals, is completed or terminated; or (ii) final payment is made
hereunder, whichever is later, or (iii) for such further period as may be necessary to
resolve any pending matters, or (iv) if an audit is occurring, or the Firm has received
notice that an audit is pending, then until such audit has been completed and its findings
have been resolved (the "Record Retention Period ").
7.4 The Finn shall permit the County to audit, inspect, examine and /or copy
the Firm's records related to this Agreement during the Record Retention Period to assure
compliance with the terms hereof or to evaluate the Firm's performance hereunder. If the
Work fails to conform to the requirements of this Agreement, the County may require the
Firm to promptly bring the Work into conformity with the grant requirements at the
Firm's sole expense. If the Work cannot be brought into conformance by re- performance
or other corrective measures, the County may require the Firm to take necessary action to
ensure that future performance conforms to grant requirements and exercise the remedies
available under this Agreement, at law or in equity in lieu of or in conjunction with such
corrective measures.
7.5 The Firm shall permit the County to monitor its activities conducted
pursuant to this Agreement using any reasonable procedure, including but not limited to:
internal evaluation procedures, examination of program data, special analyses, on -site
checking, formal audit examinations, or any other procedures. All monitoring by County
shall be performed in a manner that shall not unduly interfere with the Firm's
performance hereunder.
7.6 The Firm shall comply with all applicable federal, state and local rules,
regulations and laws governing the Work to be performed under this Agreement. The
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Firnt shall be solely responsible for ensuring proper licensing and credentialing of those
pro'iding services under this Agreement.
7.7 The Firm shall comply with the requirements of the Civil Rights Act of
1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis
of race, color, sex, age, religion, political beliefs, national origin, or handicap.
8. Notice:
Any notice required under this Agreement shall be given in writing by registered or
certified mail; return receipt requested which shall be addressed as follows:
COUNTY: IMPACT MARKETING:
Adam Palmer Mary Kenyon
Community Development Department President
$00 Broadway IMPACT Marketing
Box 85 M
� O. 0 111 AABC
Eagle, Colorado, 81631 Aspen, CO 81611
With a copy to
Eagle County Attorney
$00 Broadway
P.O. Box 850
Eagle, Colorado 81631
9. Insurance:
9.1 At all times during the term of this Agreement the Firm shall maintain in
full force and effect the followin g insurance:
Insurance Type Coverage Minimums
• Workers' Compensation Statutory
• m to ers Liability, including p Y Y� g 600 000 $
Occ*ipational Disease
• ($omprehensive General Liability, including $1,000,000 per occurrence
bro d form property damage and personal
inj general aggregate.
• utomobile Liability covering any auto $1,000,000 each accident
9.2 The Firm shall purchase and maintain such insurance as required above
and shall provide certificates of insurance in a form acceptable to County upon execution
of is Agreement. The above insurance policies shall include provisions preventing
cancellation or non - renewal without at least 45 days prior notice to the Firm and the
County by certified mail. The above insurance policies shall also include clauses stating
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that each carrier shall waive all rights of recovery, under subrogation or otherwise,
against the Firm or the County, its agencies, officers, agents, employees and volunteers.
10. Non - Assignment and Subcontractors:
The Firm shall not assign this Agreement or employ any subcontractor without
the prior written approval of the County. The Firm shall be responsible for the acts and
omissions of its agents, employees and sub - contractors. The Firm shall bind each
subcontractor to the terms of this Agreement. The County may terminate this
Agreement, if the Firm assigns or subcontracts this Agreement without the prior written
consent from the County, and any such assignment or subcontracting shall be a material
breach of this Agreement.
11. Jurisdiction and Confidentiality:
11.1 This Agreement shall be interpreted in accordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof Venue
shall be in the Fifth Judicial District for the State of Colorado located in Eagle County.
11.2 The Firm acknowledges that, during the term of this Agreement and in the
course of the Contractor rendering the Services, the Contractor may acquire knowledge of the
business operations of the County not generally known or deemed confidential. The Firm may
also collect and retain information from Program participants, including utility bills and other
identifying information that shall be treated as confidential and not disclosed to third parties
outside of the Program. Any such information must be marked as confidential. The Firm
shall not disclose, use, publish or otherwise reveal, either directly or through another, to any
person, firm or corporation, any such confidential knowledge, information or data and shall
retain all knowledge information or data which it has uired as the result of this Agreement in
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trust in a fiduciary capacity for the sole benefit of the other party and/or Program participants
during the term of this Agreement, and for a period of not less than five (5) years following
termination of this Agreement. Identifying information collected from Program
participants must always remain confidential. The Firm recognizes that the County is
subject to the Colorado Open Records Act and nothing herein shall preclude a release of
information by the County that is subject to the same.
11.3 Disclosure of County records or other confidential information by The
Firm may be cause for legal action by third parties against County, Firm, or their
respective agents. The Firm shall indemnify, save and hold harmless the County, its
employees and agents, against any and all claims, damages, liability, and court awards
incurred as a result of any act or omission by the Firm or its employees, agents, or assigns
pursuant to the Sectionl 1.
12. Miscellaneous:
12.1 This Agreement constitutes the entire Agreement between the parties
related to its subject matter. It supersedes all prior proposals, agreements and
understandings, either verbal or written.
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12.2 This Agreement does not and shall not be deemed to confer upon or grant
to a y third party any right enforceable at law or equity arising out of any term, covenant,
or c ndition herein or the breach hereof.
12.3 Invalidity or unenforceability of any provision of this Agreement shall not
affeit the other provisions hereof, and this Agreement shall be construed as if such
invalid or unenforceable provision was omitted.
12.4 Notwithstanding any other provision to the contrary, nothing contained
herein shall constitute a waiver, express or implied, of any of the immunities, rights,
ben fits, protection, or other provisions of the Colorado Governmental Immunity Act at
C.R S. § 24 -10 -101, et. seq., as amended (the "CGIA "). Liability for all claims or
inj 'es to persons or property arising from the negligence of the County, its departments,
agencies, boards, officials and employees is controlled and limited by the provisions of
the CGIA.
12.5 Notwithstanding anything herein to the contrary, provisions of this
A ement requiring continued performance, compliance, or effect after termination
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e to at on
here4of, shall survive such termination and shall be enforceable by County if the Firm fails
to perform or comply as required.
12.6 Enforcement of this Agreement and all rights and obligations hereunder
are teserved solely to the Parties, and not to any third party. Any services or benefits
whihh third parties as a result of this Agreement are incidental to the Agreement and do
not create any rights for such third parties.
12.7 Waiver of any breach of a term, provision or requirement of this Grant or
any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be
con trued or deemed as a waiver of any subsequent breach of such term, provision or
req i.
irement, or of any other term, provision or requirement.
13.1 Prohibitions on Public Contract for Services:
If the Firm has any employees or subcontractors, the Firm shall comply with
C.RS. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and
this Contract. By execution of this Contract, the Firm certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that the
Firrr will participate in the E -verify Program or other Department of Labor and
Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
(a) The Firm shall not:
(i) Knowingly employ or contract with an illegal alien to
perform work under this contract for services; or
Enter into a contract with a
(ii ) nto act t subcontractor that fails to
certify to the Firm that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under
the public contract for services.
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(b) The Firm has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work
under this Contract through participation in the E -verify Program or
Department Program, as administered by the United States
Department of Homeland Security. Information on applying for the E-
verify program can be found at:
http: / /www.dhs.gov /xprevprot /programs /gc 1 1 8 522 1 678 1 50. shtm
(c) The Firm shall not use either the E -verify program or other
Department Program procedures to undertake pre - employment screening
of job applicants while the public contract for services is being performed.
(d) If the Firm obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly
employs or contracts with an ille L;1, alien tie C:pntractor shall be required
to:
(i) Notify the subcontractor and the County within three (3)
days that the Firm has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within
three (3) days of receiving the notice required pursuant to
subparagraph (i) of paragraph (d) the subcontractor does not stop
employing or contracting with the illegal alien; except that the
Firm shall not terminate the contract with the subcontractor if
during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(e) The Firm shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the department is undertaking pursuant to its
authority established in C.R.S. § 8- 17.5- 102(5).
(0 If the Firm violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the Firm shall
be liable for actual and consequential damages to the County as required
by law.
(g) The County will notify the office of the Colorado Secretary of
State if the Firm violates this provision of this Contract and the County
terminates the Contract for such breach.
11 SIGNATURE PAGE TO FOLLOW //
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IN ITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
Boars . County Commiss .ners
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AT''EST: By: A►, IV
co
Jon : tav ey, Chairma
at state
.ter
e. ` J. Simont, V , Cler
Board of County Commissi e
•
IMPACT MARKETING
By:
Title: Yep r C.l
ST TE OF C'OL0Pn )
) SS.
CO1 JNTY OF G ( I--- , )
The foregoing instrument was acknowledged before me by j LL ,
this f Lk day of 3 0 -Al 2 -=`? 2011.
My ommission expires: _ _. Lcx,Lsi_t_Sa_eir2le
Notary Public
KAREN SEPP
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 03/06/20 2
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Exhibit A: Scope of Work
The following Scope of Work is described in Sections A, Work; B, Timeline /Deliverables;
and C, Payment.
A. WORK:
A.1 Developing the Marketing Plan
The Firm will develop a Program marketing and outreach plan, the primary purpose of
which is to drive demand for and promote the Program through communications,
advertisements, public education, and development of collateral so as to meet the
Program goal of 20% energy savings in at least 10% of the existing housing stock in
Eagle, Pitkin, and Gunnison Counties (the "Marketing Plan ").
Prior to development and implementation of the Marketing Plan, Firm will present a
vision and outline document to the Energy Smart Team (consisting of the Jurisdictional
Program Manager and one Energy Resource Center staff member from each county) for
approval. The vision and outline document will be developed collaboratively between
the Firm and the Energy Smart Team. Once approved, Firm will proceed with
development and implementation of the Marketing Plan as follows:
•
Using extensive research, the Firm will identify target audiences, create appropriate
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messaging, advertising and program offers, develop timelines, and work with various
media vehicles to deliver actionable information promoting the Program.
• The Firm will identify and engage partners (contractors, realtors, non - profits,
lenders, and educational institutions) whose events and activities complement or
could benefit from participation in the Program.
• The Firm is responsible for assessing the Marketing Plan campaign elements on a
quarterly basis and adjusting its strategy as necessary.
• The Firm will assess the logo developed by Eagle County for the tri- county PACE
program. The Firm will provide four versions of the logo, one that may be used
regionally and three with the respective county names integrated into the design.
A.2 Press Releases & Collateral Material
The Firm is responsible for gathering information and drafting all press regional ress releases.
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The Firm will also be responsible for drafting and distributing collateral marketing
products and outreach materials to promote the Program, educate the public and
support the Energy Smart Team. All press releases, collateral marketing products and
outreach materials will be presented to the Energy Smart Team for editing and review
prior to their public release. The Firm will be in constant contact with the Energy Smart
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Tea , and in particular the Energy Resource Center (ERC) staff to ensure marketing
mat - rials are customized as needed to reflect the local needs of the Program.
A.3 Dedicated Website & Social Media
The will develop a central website for the Program. The website will contain
information on the regional program as well as links to the respective ERC homepages.
The website will be updated regularly by the Firm and Energy Smart Management Team,
whih consists of each County's Jurisdictional Program Manager and ERC Home Energy
Adv!sor(s).
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The firm provides a password protected website where ERC managers and Project Team
can access logos, copy, and design templates for use in local campaigns.
The firm is also responsible for a social media campaign, which includes (but
is nept limited to) a blog, Google groups, Facebook and Twitter. The Firm will have a
ded cated expert to develop the Program's campaign and provide access for ERC Staff p p g p
C Sta to
monitor and update such social media sources.
A.4 Contractor /Business and Event Support
The Firm will host periodic contractor training events in cooperation with
Enegy Resource Centers to train contractors and give them the specific information and
colt teral for them to sell EE products and associated financing through the Energy
Smart Program.
ThelFirm will assess, develop and provide the Program with collateral materials,
trailing, and information to facilitate contractor —to- homeowner engagement. Further,
as needed, the marketing firm will support the Program's outreach events such as
brown bag lunches for contractor and realtor groups, obtain feedback and provide
collateral to update them on program offers.
The Firm will develop and provide businesses with marketing materials that explain the
benefits of energy efficiency improvements and help sell their specific services. The
mar eting firm will develop an Energy Smart- Branded tool kit to assist analysts in
ma ing immediate on- the -spot improvements resulting in energy use reductions and
will romote effective action steps to the consumer.
The Firm is responsible for identifying partners, developing ideas, and creating
sup orting materials for special events. Events may be suggested by the Energy Smart
Team, ERC staff or the Firm as they pertain to developments in the Program or
complement the Program's goals. The marketing firm will work with each ERC to adapt
events to the needs of their local community. ERC staff is responsible for implementing
all events and special activities outside of contractor training events described above.
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A.5 Message Delivery
The Firm will identify the mechanisms for implementing the Marketing Plan and
communications plan in the Program region. The Firm is responsible for selecting
appropriate venues of communication (broadcast, radio, print, social media) and writing
and establishing contracts with all media outlets. The Firm will work with each ERC to
adjust schedules, messaging, and placement as needed. The Firm will provide the
primary marketing for the Program via each ERC. The marketing firm will use traditional
and non - traditional media placements, collateral, social marketing, and events to
specifically integrate financing options and availability into the messaging of the
Program. All marketing will be coordinated and pre- approved by the Energy Smart
Team accordingly.
A.6 Measurement and Reporting
The Firm will develop a process for capturing marketing metrics, including focus groups,
enrollment form survey questions and web indicators, to be able to identify
opportunities and promptly adapt marketing and outreach strategies accordingly.
Metrics will be reported to each jurisdictional program manager for reporting to Eagle
County and the DOE.
As part of the DOE reporting requirements of the Program, the Firm will provide
quarterly reports including but not limited to categorized expenditures, hours worked,
comprehensive list of communications, meetings, events, and other media - related
actions taken in the respective communities by the Firm. The specific reporting
template and information are to be provided by the Program. Failure to provide
necessary reporting information in a timely manner may result in payments being
withheld.
B. Timeline and Deliverables
B.1 Developing the Marketing Plan
• Coordinate and facilitate kick -off meeting with Energy Smart Management Team by
January 15, 2011. Create and submit a marketing plan outline to the Energy Smart
Team.
• Identify target audiences, conduct focus groups and community input sessions,
interview Partnership County stakeholders, and provide findings report to Energy
Smart Management Team by February 1 2011.
• Meet with partners to identify existing programs /initiatives and opportunities for
collaboration and leveraging assets and provide report by January 15, 2011.
• Develop brand strategy for Program by January 1 2011.
• Create marketing outreach plan for homeowners, realtors, contractors and related
building industry professionals by March 1 2011 (Y1, updates /refreshed Y2, Y3).
• Implement marketing outreach plan for identified target audiences by March 15,
2011 (Y1, updates /refreshed Y2, Y3).
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B.2 Press Release & Collateral Material
• reate a minimum of 4 press releases for the Program as necessary in Year 1. At a
inimum this should include information on the program launch, and associated
enchmark announcements and events.
• Create marketing and promotional materials by January 15 2011 (Including
applying RCRP brand to supporting materials) (Y1, updates /refreshed
Y2, Y3).
• Manage production of printed and electronic materials - Ongoing
• tesearch, negotiate and place media - Ongoing deliverables to be specified in
Mutually agreed upon plan.
B.3 Dedicated Website and Social Media
• bevelop and host central Program website by January 31 2011.
• Implement Social Media campaign by June 30, 2011.
B.4 Contractor /Business and Event Support
• ost a minimum of 2 contractor training events in each county in 2011. The first
vents will take place prior to March 31 and the second prior to September 30
011.
• pevelop materials and marketing tools for contractors to engage homeowners.
Ongoing, to be implemented at contractor training events.
B.5 Message Delivery
• Select media placements and schedule delivery on a strategic basis coordinated with
Energy Smart Team and Marketing Plan.
• Create, coordinate, and implement Financial Marketing Plan with partner Financial
Institution(s) and Energy Smart Team.
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B.6 fvieasurement
• Ifrack marketing initiatives and effectiveness; report to Partnership Counties
Cluarterly & Annually.
• Manage advertising plans and budget in Partnership Counties: Participate in
iweekly Partnership calls and provide quarterly reports .
• rovide quarterly o data , u, ,
vents, hours worked and rting categorized as required expenses Specific ding reporting communications template media to be
rovided by the Program.
C. 'ayment
C.1 Administration
The Program shall pay the Firm for general program administration, and labor
associated with marketing and outreach of the program including but not limited to
meetings, research, planning, conference calls, and preparation not specific to media or
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collateral not to exceed $33, 000 per year. This shall cover approximately 26 hours of
work per month at $105 per hour in installments of $2750 to the marketing firm
commencing at the effective date of this agreement. Payment may be withheld if
deliverables and timelines identified above are not met.
C.2 Media Planning & Placement
A mutually agreed upon media plan will be developed by the Firm and the Energy Smart
Management Team. The Firm will provide monthly invoicing specific to the Program for
media planning & placement to include specific labor dedicated to media planning,
preparation, design, meetings, press releases and communications; as well as invoiced
for reimbursement of direct media placement costs not to exceed $40,000 in Y1,
$30,000 in Y2 and $30,000 in Y3. The Firm's labor directly associated with media
planning and development shall be billed at $105 per hour.
C.3 Collateral
Collateral shall include all printed, manufactured, or web -based materials utilized to
drive demand and participation in the Program. Collateral may include brochures,
information papers, business cards, visual aids, etc. A mutually agreed upon collateral
plan will be developed by the Firm and reviewed and approved by the Energy Smart
Management Team. The Firm shall provide monthly invoicing for labor completed
specific to collateral design, development, placement at $105 per hour; and
reimbursement for direct costs associated with collateral production and printing. Total
Collateral costs are not to exceed $45,000 in Year 1 (Dec. 1 2010 through Dec. 31
2011), $30,000 in 2012 and $25,000 in 2013. Billing procedure for materials and
production shall include provision of specific invoices for reimbursement.
C.4 Renewal
This contractual agreement shall terminate December 31 2011. While it is anticipated
that a similar agreement shall be renewed for 2012 as outlined in the above scope of
work and timeline, neither the County, the Program, the Marketing Firm, nor associated
partners, are under any obligation after December 31 2011, unless a subsequent
agreement has been finalized and signed be authorized representatives of each party.
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