HomeMy WebLinkAboutC21-368 WR CommunicationsDocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
WR COMMUNICATIONS
THIS AGREEMENT ("Agreement") is effective as of 10/30/2021 by and between WR
Communications (hereinafter "Consultant' or "Contractor") and Eagle County, Colorado, a body
corporate and politic (hereinafter "County").
RECITALS
WHEREAS, The Board of County Commissioners have identified several strategic issues that are
important to the county, including transportation;
WHEREAS, numerous local partners have coordinated to create the Eagle County Regional Transit
Formation Committee ("RTA Formation Committee") in an effort to explore the formation of a Regional
Transportation Authority ("RTA");
WHEREAS, the RTA Formation Committee is comprised of local elected officials that will require
additional administrative, programmatic, and planning support above and beyond that which can be
provided with existing staff resources; and
WHEREAS, the members of the RTA Formation Committee entered into a Memorandum of
Understanding ("MOU"), a central purpose of which was to coordinate and plan for the mechanism to
hire third -party facilitators and consultants to assist with the administrative, legal and technical details in
the formation of an RTA, assist with community engagement, and assist with determining consensus and
community support for a ballot issue which may be referred to the voters; and
WHEREAS, the third -party facilitators are to be retained by Eagle County pursuant to such contract terms
approved by Eagle County, and administered and enforced by Eagle County, as set forth in the MOU; and
WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Consultant and County, on behalf of
the RTA Formation Committee, in connection with the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and
County agree as follows:
1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services described in Exhibit A ("Services") which is attached
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hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Consultant agrees to furnish the Services in accordance with the schedule established in
Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services
in a timely and expeditious manner consistent with the applicable standard of care. By signing below
Consultant represents that it has the expertise and personnel necessary to properly and timely perform the
Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
C. Consultant agrees that it will not enter into any consulting or other arrangements with
third parties that will conflict in any manner with the Services.
2. Count Representative. The Eagle County Manager or his designee shall be Consultant's
contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of
December 2021.
4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any
obligations hereunder be waived, except by agreement signed by both parties. No additional services or
work performed by Consultant shall be the basis for additional compensation unless and until Consultant
has obtained written authorization and acknowledgement by County for such additional services in
accordance with County's internal policies. Accordingly, no course of conduct or dealings between the
parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services,
and no claim that County has been unjustly enriched by any additional services, whether or not there is in
fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.
In the event that written authorization and acknowledgment by County for such additional services is not
timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to
such additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed.
5. Compensation. County shall compensate Consultant for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement
shall not exceed $30,000. Consultant shall not be entitled to bill at overtime and/or double time rates for
work done outside of normal business hours unless specifically authorized in writing by County.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the
hours spent, tasks performed, who performed each task and such other detail as County may request.
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b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall
be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up
thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses
shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant.
Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically
approved in writing by County.
C. If, at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Consultant was improper because the
Services for which payment was made were not performed as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from County, Consultant shall
forthwith return such payment(s) to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County.
d. County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any
period after December 31 of any year, without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with 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).
6. Sub -consultants. Consultant acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any
sub -consultant agreements for the performance of any of the Services or additional services without
County's prior written consent, which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Consultant shall require each sub -consultant, as approved by
County and to the extent of the Services to be performed by the sub -consultant, to be bound to Consultant
by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities
which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any sub -consultant hired by Consultant
and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and
omissions of its agents, employees and sub -consultants or sub -contractors.
7. Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
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i. Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non -owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of
liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits.
iv. Professional liability insurance with prior acts coverage for all Services required
hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not
less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability
insurance is on a claims -made basis, Consultant warrants that any retroactive date under the policy shall
precede the effective date of this Agreement. Continuous coverage will be maintained during any
applicable statute of limitations for the Services and Project.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds.
ii. Consultant's certificates of insurance shall include sub -consultants as additional
insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for
each sub -consultant. All coverage(s) for sub -consultants shall be subject to the same minimum
requirements identified above. Consultant and sub -consultants, if any, shall maintain the foregoing
coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by
Consultant and its sub -consultants until the applicable statute of limitations for the Project and the
Services has expired.
iii. Insurance shall be placed with insurers duly licensed or authorized to do business
in the State of Colorado and with an "A.M. Best" rating of not less than A-VII.
iv. Consultant's insurance coverage shall be primary and non-contributory with
respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against
Eagle County.
V. All policies must contain an endorsement affording an unqualified thirty (30)
days notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the State of
Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein.
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vii. Consultant's certificate of insurance evidencing all required coverage(s) is
attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance
policy and/or required endorsements required under this Agreement within five (5) business days of a
written request from County, and hereby authorizes Consultant's broker, without further notice or
authorization by Consultant, to immediately comply with any written request of County for a complete
copy of the policy.
viii. Consultant shall advise County in the event the general aggregate or other
aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will
reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new
certificate of insurance showing such coverage.
ix. If Consultant fails to secure and maintain the insurance required by this
Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately
terminate this Agreement.
X. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time
amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected
officials, employees, agents and volunteers.
xii. Consultant is not entitled to workers' compensation benefits except as
provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal
and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its
officers, agents and employees against any losses, claims, damages or liabilities for which County may
become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or
indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any
of its sub -consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and
costs, legal and other expenses incurred by County in connection with investigating or defending any such
loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties
against the County to the extent that County is liable to such third party for such claims without regard to
the involvement of the Consultant. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents prepared by Consultant in connection with the Services
shall become property of County. Consultant shall execute written assignments to County of all rights
(including common law, statutory, and other rights, including copyrights) to the same as County shall
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from time to time request. For purposes of this paragraph, the term "documents" shall mean and include
all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets,
maps and work sheets produced, or prepared by or for Consultant (including any employee or
subconsultant in connection with the performance of the Services and additional services under this
Agreement).
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii)
when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their
respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide
facsimile machine or other confirmation showing the date, time and receiving facsimile number for the
transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its
address for purposes of this paragraph by giving five (5) days prior written notice of such change to the
other party.
COUNTY:
Eagle County, Colorado
Attention Jeff Shroll
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8612
E-Mail: jef£shroll@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty@eaglecounty.us
CONSULTANT:
Bill Ray
WR Communications
1600 Broadway
Suite 1350
Denver, CO 80202
Phone: 303-885-1881
Email: bill@wr-communications.com
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11. Coordination. Consultant acknowledges that the development and processing of the Services for
the Project may require close coordination between various consultants and contractors. Consultant shall
coordinate the Services required hereunder with the other consultants and contractors that are identified
by County to Consultant from time to time, and Consultant shall immediately notify such other
consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might
affect the work of others providing services for the Project and concurrently provide County with a copy
of such notification. Consultant shall not knowingly cause other consultants or contractors extra work
without obtaining prior written approval from County. If such prior approval is not obtained, Consultant
shall be subject to any offset for the costs of such extra work.
12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written
notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide
County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and
shall return all County owned materials and documents. County shall pay Consultant for Services
satisfactorily performed to the date of termination.
13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
15. Other Contract Requirements.
a. Consultant shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents prepared or compiled in performance of the Services,
and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County
has accepted or approved the Services shall not relieve Consultant of any of its responsibilities.
Consultant shall perform the Services in a skillful, professional and competent manner and in accordance
with the standard of care, skill and diligence applicable to Consultants performing similar services.
Consultant represents and warrants that it has the expertise and personnel necessary to properly perform
the Services and covenants that its professional personnel are duly licensed to perform the Services within
Colorado. This paragraph shall survive termination of this Agreement.
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b. Consultant agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
C. This Agreement constitutes an agreement for performance of the Services by Consultant
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture
or any other relationship between County and Consultant except that of independent contractor.
Consultant shall have no authority to bind County.
d. Consultant represents and warrants that at all times in the performance of the Services,
Consultant shall comply with any and all applicable laws, codes, rules and regulations.
e. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
£ Consultant shall not assign any portion of this Agreement without the prior written
consent of the County. Any attempt to assign this Agreement without such consent shall be void.
g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
h. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
j. Consultant shall maintain for a minimum of three years, adequate financial and other
records for reporting to County. Consultant shall be subject to financial audit by federal, state or county
auditors or their designees. Consultant authorizes such audits and inspections of records during normal
business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate during such audit or
inspections.
k. The signatories to this Agreement aver to their knowledge, no employee of the County
has any personal or beneficial interest whatsoever in the Services or Property described in this
Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner
or degree with the performance of the Services and Consultant shall not employ any person having such
known interests.
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1. The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and
affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to
the effective date of this Agreement.
16. Prohibitions on Government Contracts.
As used in this Section 16, the term undocumented individual will refer to those individuals from foreign
countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Consultant has
any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq., and this
Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or
contract with an undocumented individual who will perform under this Agreement and that Consultant
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 Services under this Agreement.
a. Consultant shall not:
Knowingly employ or contract with an undocumented individual to perform
Services under this Agreement; or
ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor
shall not knowingly employ or contract with an undocumented individual to perform work under the
public contract for services.
b. Consultant has confirmed the employment eligibility of all employees who are newly
hired for employment to perform Services under this Agreement 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:
https://www.uscis.gov/e-verify
C. Consultant 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 Consultant obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an undocumented individual, Consultant
shall be required to:
i. Notify the subcontractor and County within three (3) days that Consultant has
actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and
ii. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop
employing or contracting with the undocumented individual; except that Consultant shall not terminate the
contract with the subcontractor if during such three (3) days the subcontractor provides information to
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establish that the subcontractor has not knowingly employed or contracted with an undocumented
individual.
e. Consultant 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).
f. If Consultant violates these prohibitions, County may terminate the Agreement for breach
of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement,
Consultant shall be liable for actual and consequential damages to County as required by law.
g. County will notify the Colorado Secretary of State if Consultant violates this provision of
this Agreement and County terminates the Agreement for such breach.
[REST OF PAGE INTENTIONALL Y LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
DocuSigned by:
By: �,Va
Jeff Shro , gowrtynager
CONSULTANT:
DocuSigned by:
By:
4 9C2AOCA60A4A8...
Print Name: Bi 1 Ray
Title: Owner
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EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES
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*W
COMMUNICATIONS
MEDIA QELATIONS/DUBLIc AFFAIRS/ISSUES MANAGEMENT
1I 1I , — , , 1I
TO: Jeff Shroll, Eagle County
FROM: Bill Ray, WR Communications Inc.
RE: Scope of services for RTA political and engagement coordination
DATE: REVISED August 11, 2021
Per your request, the following information provides my assessment of key tasks to help coordinate the
development of a regional transportation authority (RTA) among Eagle River Valley partners and the role
that a community-engagement/political consultant would play to facilitate the intergovernmental,
stakeholder and policy pieces required to build broad -based support in making an RTA feasible.
Please feel free to share with members of the Ad Hoc Technical Committee, key stakeholders and future
members of the RTA Formation Committee.
Fortunately, the Ad Hoc Technical Committee and the stakeholders involved in the 2020 joint meeting in
Beaver Creek have maintained much -needed momentum for this process, providing a level of consensus
and political will and a set of goals for an RTA to serve the valley. At this point, we need to fast track the
process of formalizing these goals and intergovernmental relationships and putting more definition on
the potential RTA's services and costs.
To help facilitate this process, I believe that the following focus areas need to be addressed over the
next four months so that we are prepared in Q12022 to begin sustained community engagement to
build support for a November 2022 RTA ballot question —while finetuning the RTA's funding needs,
services and borders. In reviewing the draft Memorandum of Understanding, many of the key tasks have
been identified within these four areas of focus:
1. Political Visioning and Consensus
• Utilize the draft Memorandum of Understanding to work with local government
stakeholders on adoption
• Facilitate RTA Formation Committee meetings by working with committee members to
set vision and mission and name for the potential RTA
• Reach consensus on primary regional transportation services to be provided through the
initial RTA creation
• Assist with presentations and updates on the MOU and overall vision to Town councils,
county commissioners, metro district boards and other stakeholders, including but not
limited to Eagle County School District, Eagle Air Alliance, and Walking Mountains
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
DocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
• Work with committee members to understand any concerns about direction or goals of
RTA and help facilitate/address solutions
2. Legal
• Work with county attorney's office, municipal attorneys and outside counsel to identify
key legal actions and issues that must be addressed during RTA formation
o Ensure that state statutes and other legal requirements are factored into
timeline and workplan
o Research/identify any legal requirements that must be addressed by individual
jurisdictions and identify resources and timeline to address those issues
• Develop the governance and organizational structure of the RTA per state statute
• Discuss RTA's legal relationship with existing transit agencies
• Begin developing draft RTA contract document and other legal documents required for
RTA formation and scheduling timeline for IGA consideration and adoption.
3. Policy Development
• Identify general funding needs for RTA and potential new revenue (tax and bonding)
sources
• Note where existing revenue (such as ECO's current tax) can be utilized as part
of RTA funding
• Discuss geographic boundaries for initial RTA creation and process for expanding
boundaries in future
• Create a GIS-based tool for drawing RTA boarders to allow for modeling of
population, services and potential tax revenue.
• Work with staff and transportation consultant to identify desired service components —
including ECO Transit operations, local services and EGE support —to develop cost
estimates
• Evaluate value/benefits of transportation services/improvements, including
traffic and parking reductions, climate/environmental, workforce mobility,
tourism promotion and other factors
4. Stakeholder and community engagement
• Engage Beaver Creek and Vail economic advisory councils in RTA process
• Expand outreach to business and nonprofit stakeholders down valley
• Update Basalt, El Jebel, RAFTA and other RFV partners on RTA process
• Create timelines and target groups/audiences for 2021 outreach; focus on other
stakeholders necessary to early stages of RTA formation
• Develop Q1 and Q2 community outreach plan
• Engage a community -outreach partner to help support engagement workload to
coordinate and help present to towns, metro district boards, school boards,
nonprofits, business groups and other stakeholders, as well as open houses and
other citizen -engagement events.
• Set timeline and research goals for 2022 baseline survey
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
DocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
• Assist with employee survey and other research that may already be planned by RTA
partners
Transportation Planning:
The political and community -engagement work will be done in full coordination with the transportation
planners —whether those are local government staff or third -party consultants. As I learned during the
successful RFTA process, the transportation planning and political/community engagement are dynamic,
interrelated disciplines, requiring the highest degree of coordination. If the committee decides to seek
third -party planning support, I will assist the committee with any RFPs and be responsible for integrating
the consultant into the team and providing relevant background information.
Additional tasks:
The following items will be considered during 2021 to allow for expanded outreach and engagement in
2022. However, these tasks, should be seen as subordinate to the critical tasks noted above.
1. Branding for RTA including logo and brand guide, if the committee decides to create a new
name and/or identity apart from existing systems like ECO Transit.
2. Developing public communications tools such as web site, social media and collaterals
3. Scoping and drafting Q1 baseline polling
Timeline -
Establishing an RTA may be one of the most time intensive processes in public financing, and
maintaining and updating an accurate timeline will be critical to this process. As part of this consulting
project, I will be responsible for maintaining and updating an overall project timeline that includes
political and legal deadlines, as well as dates for community outreach, polling, planning milestones and
other key dates and deadlines.
One of the challenges for this timeline is that each member of the RTA will need to approve an IGA to be
able to proceed to the official formation question on the 2022 ballot. According to a memo from Eagle
County's legal department, entities considering an IGA "must hold at least two properly noticed public
hearings regarding the IGA. The notice must be published in the newspaper at least 10 days before each
public hearing."
In addition, that legal memo highlights timelines for consultations with CDOT and neighboring
governments. After the IGAs are approved, they must be submitted to CDOT and all neighboring
jurisdictions for a 90-day comment period. This must be done in a way that any feedback and concerns
can be addressed well ahead of deadlines for final ballot language adoption.
These challenges, as well as the many community meetings and other steps, leaves the potential Eagle
River Valley RTA on a tight timeline. Beginning the organizational, legal and policy phases of the RTA
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
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creation as soon as possible will require a robust and dynamic project -management timeline to be
developed almost immediately. Monthly committee meetings will include a regular agenda item to work
through these details.
The following are some general key issues to start considering as we work backwards on timing:
2021:
September Finalize consultant agreement for political/outreach facilitation
Mid -September Begin detailed timeline creation and project management
Set dates for RTA Formation Committee and Ad Hoc Technical committee
meetings for Q4 2021
Reassemble Beaver Creek group / extend business community outreach
Sept. to October MOU adoption, committee formation/governance, visioning
Nov. into December Finalize community -outreach plan, develop first round of communications tools
including web site, social media and handouts
2022:
January Launch first phase of community outreach
February Baseline survey of Eagle River Valley voters to identify support for RTA, potential
ballot language, potential services and messaging for community outreach
February to April RTA contract first draft circulation, hearings and community conversations
March Messaging finetuning for community outreach based on survey results
March to June Expand community engagement/outreach to broader audiences as RTA benefits
and detail become more focused, seek community feedback through public
meetings and online engagements
April to June 90-day review period for CDOT and neighboring jurisdictions
May to June Address CDOT and jurisdictional concerns
Mid -July Brushfire survey to retest ballot language, finetune messaging
Mid -July to Sept. 1 Final community engagement ahead of ballot referral
July 29 Last day to notify the clerk to participate in the 2022 General Election
August 30 Last day for IGAs to be signed by clerks and political subdivisions for election
September 9 Last day to certify content for the 2022 General Election
November 8 2022 Election Day
Roles and Responsibilities: The following services would be provided as part of coordinating and
facilitating the different pieces of the RTA formation process:
■ RTA Committee facilitation:
o Coordination and scheduling of meetings for the Ad Hoc Technical Committee and the
RTA Formation Committee.
■ Meetings with Ad Hoc and Formation chairs at least one week before each
committee meeting to set agenda, assemble materials and identify speakers.
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
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■ Hands-on meeting management and facilitation to support committee chairs
and vice chairs.
■ Maintaining a repository of materials utilized in the political and public -outreach
phases.
■ Abiding by all public -meeting requirements, including notifications, access for
participants, minutes and other materials.
■ Providing updates to committees on RTA progress, stakeholder and community
engagement, local government outreach and other political/public issues.
o Coordination and scheduling of meetings with local governments and boards to
facilitate MOU adoption and to provide updates on RTA research and progress.
• Internal coordination/facilitation:
o Coordination of the entire team —including dedicated staff, consultants, legal and other
participants —on timeline, committee meetings and key action items.
o Consultations with committee members, key stakeholders and RTA project staff and
consultants to ensure collaboration and coordination across the entire project.
o Development of a briefing binder/book for all committee members, staff/consultants
and key stakeholders that will include background information, governing documents,
public communications, financial and legal information, timelines and schedules.
o Strategic direction for political timing, future surveys/polling, community engagement
and other factors impacting potential ballot question.
o Maintaining timeline of key dates/milestones and acting as project manager to keep
committee and team members on schedule.
■ Consider using shared online project management calendar with access for
team members.
o Regular written updates to Formation and Ad Hoc committee chairs, as well as other
designees, on progress, challenges, concerns and other critical issues.
■ Updates will be shared with all stakeholders to help spread information and
status; will work with local governments and nonprofits to have updates
included in board packets
• External coordination/facilitation:
o Develop a contact database of key stakeholders that will include primary contacts,
regular meeting dates, tracking of meeting requests and other important information to
help facilitate engagement and information sharing.
■ Database will include, but not be limited to:
• Counties, towns, metro districts and other local governments within and
bordering the proposed RTA
• State government, including CDOT and DOLA
• Eagle County School District
• Transportation and tourism advocates such as the Eagle Air Alliance
• Business groups, including the Vail Valley Partnership, local chambers
and economic development organizations, and employers
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
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• Nonprofits, including Vail Valley Foundation, Walking Mountains
Science Center
• Environmental and climate advocates
• Community/social advocacy groups
• Individual Key Opinion Leaders, including elected officials, business
owners, nonprofit leaders, education and health advocates, etc.
o Maintain regular updates with key community stakeholders from the business and
nonprofit sectors.
o Facilitate meetings and updates with CDOT, neighboring jurisdictions and other external
stakeholders.
• Community engagement and communications:
o Development and implementation of stakeholder and community engagement,
including public meetings and open houses, updates to local governments, and
presentations to business, nonprofit and other community groups.
o Creation and maintenance of communications tools, including web site, social media,
handouts, presentations and other pieces.
■ Assistance with RTA name and development of branding
o Coordination of media and public communications, including media monitoring, press
releases and interview/speaker prep.
Consulting Fee:
Similar to the RFTA project in 2017-18, 1 would consider this a primary project for the 2022 election cycle
and would dedicate a significant portion of my firm's time to the coordination and project management
of this effort.
This type of political consulting and community engagement requires dedication to developing personal
relationships and in -person management. During RFTA, I was personally present for at least one board
meeting and one team meeting each month and participated in RFTA board retreats, public meetings,
open houses and one-on-one meetings throughout the duration. I would expect a similar level of in -
person and hands-on project management for this RTA process.
WR Communications Inc. can perform all necessary services to execute this project at a fixed rate of
$6,000 per month. This rate would include travel to Eagle County —but would not include reimbursable
expenses such as surveys, collateral materials, outreach content, videos and advertisements. Budgets
for any committee -approved materials and expenses would be provide for approval before
implementation.
WR Communications Inc. 11782 Locust Street I Denver, CO 80220 1303.885.18811 www.wr-communications.com
DocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
EXHIBIT B
Insurance Certificate
13
Eagle County Prof Services Final 5/14
DocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
,d►co CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
02/22/2021
PRODUCER
Lighthouse Brokerage LLC
191 University Avenue#342
Denver, CO 80206
info@lighthousebrokerage.com
INSURED
WR Communications
1600 Broadway Suite 1350
Denver. CO 80202
COVERAGES
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Hartford Insurance Company
INSURER B: United States Liability Insurance Co
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DDIYY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
GENERAL LIABILITY
34 SBM IK7739
03/23/2021
03/23/2022
EACH OCCURRENCE
$ 1,000,000
A
Y
❑✓ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [W� OCCUR
DAMAGE TE
PREM SESO(Ea olccurence)
$ 100,000
MED EXP (Any one person)
$ 10,000
❑
PERSONAL & ADV INJURY
$ 1,000,000
❑
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
❑✓ POLICY ❑ JERCOT ❑ LOC
AUTOMOBILE
❑
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
❑
1-1
ALL OWNED AUTOS
SCHEDULED
SCHEDULED AUTOS
INJURY
(Per person)
$
❑
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
❑ ANY AUTO
OTHER THAN EA ACC
$
$
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
TEIOCCUR 10 CLAIMS MADE
AGGREGATE
$
❑ DEDUCTIBLE
$
$
RETENTION $
A
WORKERS COMPENSATION AND
34 WEC AF7FBS
03/09/2021
03/09/2022
TH-
� ORY LIMITS ❑ OER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 500,000
B
OTHER
Professional Liability
SP1557139F
08/11/2020
08/11/2021
$1,000,000/$1,000,000
Deductible $2,500
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
The certificate holder is listed as additional insured.
CERTIFICATE HOLDER CANCELLATION
Eagle County Colorado
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
David Tracy
ACORD 25 (2001/08) @ ACORD CORPORATION 1988
DocuSign Envelope ID: 05429A1C-76F3-4E7B-B86D-C9153F37DF6D
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statment on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu
of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the
issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively
or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
