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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 1 (11 — ' . 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 Y p 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 2 1 . 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. 3 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 Y �' � PP 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: 4 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 5 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 6 • 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 �q 1�' 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. 7 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 �'� q g p � P , 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. 8 I (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 // 9 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 1 1 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 10 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 g Y g 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. g 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 11 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). l 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. 12 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). 13 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. 1 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 14 1 I 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. 15