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HomeMy WebLinkAboutC21-454 Thompson Training and KeynoteDocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND THOMPSON TRAINING AND KEYNOTE, INC. THIS AGREEMENT ("Agreement") is effective as of 12/22/2021 by and between Thompson Training and Keynote, Inc., a Colorado corporation (hereinafter "Consultant" or "Contractor"), and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, Contractor provided a proposal (Exhibit A) as requested by County to provide marketing, communications, and public relations; and WHEREAS, Contractor's proposal includes 1) a Campaign Launch; 2) Local Marketing, Advertising, and Social Media; and 3) Donor Relations, all of which is defined in Exhibit A; and WHEREAS, Contractor 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 Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the services or work described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than December 31, 2022 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor 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. 2. County's Representative. The ECO Transit Department's designee, Kevin Sharkey, shall be Contractor'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 11 hereof, shall continue in full force and effect through the 3 1 ' day of December, 2022. DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor 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, Contractor'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 Contractor 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 $96,000. Contractor 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 Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. 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 Contractor 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, Contractor 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. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor 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. d. 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 Contractor 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. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor 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. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and 2 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. 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 $1,000,000 aggregate limits. 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. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof iv. 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. V. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies paid pursuant to this Agreement. 8. Indemnification. The Contractor 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 Contractor or any of its subcontractors hereunder; and Contractor 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 3 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 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 Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased, or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of 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: Kevin Sharkey 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3523 E-Mail: kevin.sharkey@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 CONTRACTOR: Robin Thompson Thompson Training and Keynote, Inc. (541) 810-1109 fundraiser@robinthompson.com www.robinthompson.com 11. 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 Contractor. Upon termination of this Agreement, Contractor 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 Contractor for Services satisfactorily performed to the date of termination. 12. 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 4 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 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. 13. 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. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules, and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as it deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional, and competent manner and in accordance with the standard of care, skill, and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor 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. g. This Agreement constitutes an agreement for performance of the Services by Contractor 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 Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules, and regulations. 5 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 i. 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. j. Contractor 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. k. 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. 1. 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. in. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. 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 Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor, 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. 15. Prohibitions on Government Contracts. As used in this Section 15, 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 Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor 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. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Scrviccs under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor 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: 6 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 https://www.uscis.gov/e-verify C. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor 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 Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor 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). £ If Contractor 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, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLYLEFT BLANK] 7 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 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: J r SI ra Jeff Shr , €%t4A*4mager CONTRACTOR: DocuSigned by: By: � iv' 161ww 352D604 140A415... Print Name: Robin T ompson Title: President Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 Avon, CO 81620 fundraiser@RobinThompson.com www.RobinThompson.com Statement of Work for Exhibit A ECO Trails Fundraising Campaign Consulting Services Revised 11/10/2021 (November 2, 2021) ECO Trails has requested Campaign Consulting Services for their fundraising efforts to complete the Eagle Valley Trail. Robin Thompson, certified Professional Fundraising Consultant, is uniquely qualified for this assignment because of her extensive experience as Director of Development and Marketing, Executive Director and Vice President of Development and Marketing of nonprofit organizations. She is pleased to submit this customized approach to campaign fundraising. The Statement of Work outlined below is based upon our understanding of the needs and objectives shared with Robin in the RFQ. Robin will integrate those insights with her broad expertise, knowledge of local Eagle County and adjacent county donors, and experience assisting several Vail Valley nonprofit organizations to increase philanthropic support and reach the goals. Understanding It is our understanding that ECO Trails desires to conduct a fundraising campaign to raise $1.5 to $2.5 million to fulfill Eagle County Board of County Commissioners' top priority to complete the remaining sections of the trail by 2025. Specifically, this campaign will be designed to raise the remainder of the $26.5 million which is not allocated by the $22 million in Certificates of Participations (COPs) issued by Eagle County. The remaining $4.5 million will be funded from grants previously identified from other public entities and $1.5 to $2.5 million from individual and other grant fundraising dollars. To achieve this, a professional fundraiser is needed to manage this project and coordinate the efforts necessary to meet this goal. Statement of Work • Plan and conduct a campaign with available resources from ECO Trails, the community at large, and any interested companies or parties willing to participate. • Assist in raising money by coaching and advising Eagle County staff, ECO Trails Committee and the Campaign Steering Committee to cultivate and solicit gifts. • Form a 501(c)3 nonprofit organization, if deemed feasible by Eagle County to accept and distribute donations in a more effective manner than currently exits. • Organize and direct marketing initiatives needed to generate community awareness and funding by directing the ECO Trails marketing firm and subconsultants as needed. 1 DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com Key Deliverables To achieve fundraising goals, Robin Thompson begins with a targeted review, feasibility study and compilation of current materials, mailing lists, past supporters of the trail, etc. The intent is to have an in-depth knowledge of the ECO Trails history as well as garner community support. Robin will develop recommendations on strategy to ensure a successful fundraising campaign. Robin will assume the role and responsibilities very much like a nonprofit Executive Director. She will direct the activities of all aspects of fundraising including marketing, grant writing, event management, database management and fundraising. If a 501(c)3 is determined to be needed, Robin will set up the nonprofit including bylaws, suggesting potential board members, board training, etc. Robin will perform the necessary tasks for the nonprofit during her contracted engagement. After the fundraising goal is achieved, the board members and Eagle County staff can determine whether to sunset the nonprofit or maintain it for future endowments, planned gifts for ongoing trail maintenance and future projects. If the nonprofit continues, Robin will train and transition the role to the board chair or paid staff. Statement of Work Block 1 During the first 90 days of her engagement, the plan is to create and conduct a feasibility study, meet with key stakeholders, establish systems necessary for a fundraising campaign, generate a leave -behind marketing piece, draft a Case Statement and generate potential donor lists. Internal Meetinzs Initially it is important to meet with key stakeholders, staff and the ECO Trails Committee to determine strengths, needs and expectations. Meeting with Kevin, Dick, Pedro, Tanya and the ECO Trails Committee will assist in understanding the historical viewpoint. Meeting with the Northwest Colorado Council of Governments will give an overview of the structure, what has been received and their current financial system. These meetings will assist in: • Clarifying goals, targets and objectives. • Understanding the community awareness and needs from the perspective of the ECO Trails staff and committee. • Becoming familiar with the strengths and connections of each of the team members. Deliverable: An aggregate of the information will be provided for the Preliminary Case for Support. Preliminary Case for Support This document will outline what is needed for the campaign and why it is important. This will be a brief paper that is used during the planning stages to inform interviewees about the project. It will include maps of the trail and the trail's current status. We will determine if the campaign slogan being used is adequate (and powerful) or if a new one should be generated. After DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com receiving input from the feasibility study, a finalized graphically designed Preliminary Case for Support will be written by Robin and generated by an outside marketing firm. Deliverable: Text and technical direction for the Preliminary Case for Support. Determine campaign name, theme and donor recognition including written campaign materials for marketing collateral. Feasibility Study A Feasibility Study is valuable in developing the case for support and identifying potential interviewees. These confidential interviews conducted by Robin will then be delivered in a report with recommendations for next steps. The basic question of whether, and how much, the community will support the proposed campaign will be addressed in the study report. It will postulate about public awareness and support for the Eagle Valley Trail and will help determine a reasonable and attainable goal for the campaign within a realistic time frame. The study helps tremendously to assist in identifying and cultivating volunteer leadership and potential major donors. Deliverable: Formulate questions to be asked to interviewees and a plan to identify people to interview as well as the most effective process to be followed. Identifyinz Interviewees The Trails Committee will be asked to identify people who they believe will be important to gather feedback. The previous mailing list will also be used to identify past supporters of the trail. Robin will use her local familiarity with donors and do research, including using Al techniques, of individuals and entities who may support the ECO Trails Campaign. These people and entities will be individuals, corporate, government, foundation gifts and grants and others who currently use the trail. These potential interviewees will be ranked by the most important to gather information. The Preliminary Case for Support is tested in these confidential interviews. Deliverable: Interviews with 20 to 30 individuals and entities resulting in a written report that combines the information learned in the interviews with recommendations for next steps for fundraising, marketing and including an estimate of potential dollars that can be raised. Creatinz a Donor Portfolio A viable and well -vetted donor database will be a key component in a successful campaign. Robin will make recommendations for a database based on the needs of ECO Trails. She will then begin uploading names identified in the process of potential donors. Deliverable: Donor Portfolio Model and database recommendations/creation. DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com Structure of Trails Committee Currently, Northwest Colorado Council of Governments is the fiscal agent. The donation process needs to be streamlined as well as redesign of webpages. Robin will provide information on alternatives to this process. It will be explored if establishing a 501(c)3 is a step that will help streamline donations and encourage more giving by high -capacity donors. Deliverable: Suggestions on web page updates of NWCCOG's donation page and alternative suggestions based on results of the feasibility study. Evaluation of establishing a 501(c)3 nonprofit. Campaign Committee Determine Campaign Committee members from the interviews, vetting them with the Trails Committee and equipping them with materials and means to increase their effectiveness in meeting with donors. Deliverable: List of potential Campaign Committee members Additional Deliverables in Block 1 • Text for fundraising related social media posts for marketing firm to post and distribute • Input and feedback on webpage that marketing firm will create for ECO Trails • Write introduction and/or appeal letters, written text for donor packet of marketing materials including slide pitch deck. • Facilitate campaign debrief meeting including notes. • Conduct regularly scheduled Campaign Steering Committee meetings. • In person or telephone availability to answer questions as they arise. • Monthly activity reports, provided more frequently during critical times. Statement of Work Block 2 Case Statement A Case Statement/Impact Statement is needed to articulate a sense of mission prompting people to donate. It must be specific to the areas impacted by the trail and those who use the trail. It includes who, what, when and why; is supportable and defensible, has broad implications for the community, is both emotional and rational, optimistic, brief, easy to remember, and motivates people to action. Deliverable: Final written text for Case Statement that will be forwarded to Marketing Consultant to produce and print a graphically designed product. 0 DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com Campaign Fundraising Plan for prospecting, acquiring, soliciting and stewarding donors Articulating the fundraising goals is critical to success in raising the revenue needed to support the mission. The Campaign Fundraising Plan is one of the most crucial and challenging aspects of fundraising. A Campaign Fundraising Plan builds upon a detailed solicitation strategy for potential individual and corporate donors as well as foundation grants. It also articulates the fundraising goals critical to raising the revenue needed to support the mission. Specifically, the plan will focus on: • Setting priorities related to the campaign goal. • Establishing fundraising goals. • Creating a plan for solicitation strategies for donor communications. • Identifying critical cultivation strategies. • Developing a fund development, marketing and communications calendar. Deliverable: Campaign Fundraising Plan with milestones for the calendar year 2022. Volunteer Decision Book Many times, nonprofit volunteers, committees and boards of directors want to help, but they aren't clear on how their skills and experience can be used. This custom designed Volunteer Decision Book will clarify roles and responsibilities while allowing each of the board members to designate and commit to how they would prefer to be involved. Deliverables: Customized Volunteer Decision Book. Establishing Campaign Committee Begin forming the committee with names of people who were identified in Block 1. Begin having committee meetings to talk about the plan and responsibilities of the committee. Deliverable: Campaign committee meetings with notes and action items from each meeting. Meeting with Potential Donors Along with the Trails Committee, Campaign Committee members, and staff, we will begin having in -person and virtual meetings with potential donors. Prospecting Practices to identify potential new donors Prospecting for major gift donors involves learning as much as we can about them so we can tailor the ECO Trail's mission to their wishes. The more we know about their wealth, interest, and stature in the community, the better our gift ask can be for the largest gift possible. Included will be: DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com Tips to discover potential prospects Ideas for helpful tools and resources to find potential donors Ways to approach donors that are enjoyable and productive Grant research and writing for Potential funding foundations Grants are an important component of a nonprofit's Campaign Fundraising Plan. Family foundations and trusts are often requesting grant applications. Using a grant research tool that identifies major grantors along the trail including the extremely important Colorado Mountain funding source of family foundations is critical for finding grantors with funding priorities that match the mission. Deliverable: Generating ideas and specific plans for finding prospective grant donors. Providing a customized Grants Pipeline Template including timelines, contact information, etc. Writing grants with the assistance of Caroline Bradford. Statement of Work Block 3 Training for Staff, Trails Committee, Campaign Committee and other Volunteers The application of the new tasks learned over a period of time will result in long term effectiveness. It will also create a "fundraiser" language and direction for those involved. • Training and workshops specified on Training and Coaching Topics (Attachment 1). • Coaching and feedback meetings with donors/potential donors. • Assistance in developing strategies for cultivating and soliciting annual major gifts. Deliverable: Training for Trails Committee, Campaign Committee, Staff and Volunteers on prospecting and a customized 10-Touch process of contact and evaluation of prospective donors. Moves Management system to increase each donor's gift to a larger gift amount In relationship to donor development, the process by which a prospective donor is moved from cultivation to solicitation is Moves Management. "Moves" are the actions an organization takes to bring in donors, establish relationships and renew contributions. Increasing the donor's gift to a larger amount will be accomplished through: • Determining what and how to track various data like event volunteer, one-time donor, major donor, etc. • Coding used in the database to identify stage of development. • Planning what and when to communicate with donors on a regular basis. • Review of current database with suggestions for contacting. Deliverable: Identify donors in database who have potential to move to the next level. 31 DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 fundraiser@RobinThompson.com Avon, CO 81620 www.RobinThompson.com Begin Discussion on Endowment and Planned Giving to Enhance Financial Sustainability and Increase Donor Loyalty If the committee and staff agree, a planned giving strategy will be created including brochure, website text, letters to be sent, a planned giving message on all pledge forms, appeal letter pledge forms, and suggesting living room groups hosted by donors who have already designated a planned gift. Create a Legacy Society plus benefits for being a part of this exclusive group. Deliverable: If determined as viable, a planned giving strategy and text for marketing collateral will be provided and transmitted to the Marketing Consultant for production, printing and uploading to the website. Professional Fee: $96,000 for one year contract. This fee is to be paid on a monthly basis. The remaining fee will be due if the fundraising goal is met prior to the end of this one-year contract. The fundraising goal will be set by ECO Trails and Robin within the first sixty days of the agreement. Included are all deliverables stated above including the acting Executive Director role, establishing the nonprofit, grant research and grant writing services, event management, database management, etc. Incidental expenses, like travel expenses, meals, coffee, etc. when meeting with donors will be billed at cost, copies will be pre -approved by Kevin/ECO Trails Committee and billed at cost. Marketing graphic design and other ancillary marketing will be billed directly to ECO Trails from the vendor. Additional costs may include fees to establish a 501(c)3, database software costs, prospect screening software costs, etc. ACCEPTED AND APPROVED Robin Thompson, President Client Representative 11/10/2021 dated dated 7 DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O. Box 9327 Phone: 541-810-1109 Avon, CO 81620 ATTACHMENT 1 Training and Coaching Topics Facilitated by: Robin Thompson, MS fundraiser@RobinThompson.com www.RobinThompson.com 1. "Fundamentals of Fundraising" for the Eagle Valley Trail Staff and Committees a. Who is the Eagle Valley Trail b. Why do people give us their money? c. Our story/their story d. Connection, Ability, Interest 2. Applying and using the Case Statement a. The story b. Elevator speech c. Fundraising cycle d. Donor bill of rights e. Code of Ethical Standards 3. Prospecting for the Eagle Valley Trail donors and potential donors a. Linkage, interest and ability b. Prospect research c. Gift range chart d. Qualifying e. Acquiring f. Ranking each donor in discovery, cultivation, solicitation or stewardship g. Appeals h. Prospecting for major gifts 4. Cultivation Strategies a. The development process b. Moves management c. 10-touch process d. Solicitation strategy e. Direct solicitation i. Phone ii. Email iii. In person iv. The ask N. DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 P. O.Box 9327 Phone: 541-810-1109 Avon, CO 81620 5. Donor Relations a. Portfolio management b. Targets and goals for number of calls, visits, dollars c. Percentage of time spent d. Acknowledgement and thank you e. Database management f. Communications calendar 6. Donor Cultivation and Fundraising Activities a. Thank you events b. Cultivation events c. Fundraising events fundraiser@RobinThompson.com www.RobinThompson.com 7. Populating the Grants Pipeline for Eagle Valley Trails potential fenders a. Prospecting b. Local opportunities 8. Creating Sustainability a. Donor retention b. Planned giving c. Endowment The above topics have been created and presented to several nonprofit organizations using coaching techniques developed from Robin's professional speaking, training and fundraising career. 0 DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 Ia:40110111111:? CERTIFICATE OF INSURANCE 10 Eagle County General Services Final DocuSign Envelope ID: 033CF666-F83A-44CA-BBD7-907A4B337254 ACORO® Exhibit bit B CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT NAME: Brian Kelly Wall Street Insurance FA PHONE 970 926-4900 A/C, No, Ext : (A/C, No): ADDRESS: briars@wallstreetinsurance.com PO Box 20 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: CONTINENTAL CASUALTY COMPANY 20443 Edwards CO 81632 INSURED INSURER B : INSURER C : Thompson Training & Keynote, Inc. INSURER D : PO BOX 9327 INSURER E : INSURER F : AVON CO 81620 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y 7013021773 11/24/2021 11/24/2022 EACH OCCURRENCE $ 1,000,000 UAIV UL PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS SCHEDULED AUTOS ONLY HIRED v NON -OWNED AUTOS ONLY I� AUTOS ONLY Y 7013021773 11/24/2021 11/24/2022 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ (Per accident) $ UMBRELLA LAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 7013021787 11/24/2021 11/24/2022 - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insured with regard to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 537 AUTHORIZED REPRESENTATIVE Gria— Keay Eagle CO 81637 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD