HomeMy WebLinkAboutC23-315 EFFCT AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
EFFCT LLC
THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between
EFFCT LLC, a Colorado limited liability company (hereinafter “Consultant”) and Eagle County,
Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, this Agreement is entered in reference to opioid settlement dollars pursued by
Colorado State Attorney General (the “Opioid Settlement”), disseminated to 19 settlement regions
within the State of Colorado, of which Eagle County sits in Region 5 (the “Region”) in addition to
Pitkin, Summit, Lake, and Garfield Counties. A Region 5 Opioid Abatement Council was formed
in 2021 by the participating local governments within the Region, of which Eagle County, through
its Department of Public Health and Environment (“ECPHE”) participates as a fiduciary agent
(“Fiscal Agent”). All funds from the regional share of the Opioid Settlement shall be distributed
to the Fiscal Agent for the benefit of the entire Region. Ultimate approval for use of Region 5
Opioid Abatement dollars lies with the Region 5 Opioid Abatement Council consisting of Eagle,
Garfield, Lake, Pitkin, and Summit Counties; and
WHEREAS, the County currently serves as Fiscal Agent for the 2023 distribution amount of
between $661,156.43-$825,130.43, with ongoing commitment for the 18-year period of fund
dissemination, which includes the management of collection and disbursement of regional funds;
and
WHEREAS, the Region 5 Opioid Abatement Council has determined that it would be appropriate
to utilize Region 5 Opioid Abatement dollars in an amount not to exceed $300,000 to fund the
services of a consultant to prepare a marketing and direct community outreach campaign designed
to reduce the stigma around opioid use and treatment, while increasing the awareness of resources;
and
WHEREAS, the County, through the ECPHE works to promote the health, safety, and welfare
of County residents of all ages; and
WHEREAS, the County uses outside providers and professionals to enhance the ability of the
County to promote such health, safety, and welfare; and
WHEREAS, County, as Fiscal Agent for the Region 5 Opioid Abatement Council, desires to
hire the Consultant to develop and execute a regional anti-stigma and education campaign
intended to spread awareness and lessen stigma regarding opioid misuse; and
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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; and
WHEREAS, this Agreement shall govern the relationship between Consultant and County 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 of which Consultant
requested funding for, as set forth in Exhibit A, which is attached hereto and incorporated herein
by reference.
a. Consultant agrees to furnish the Services no later than one year from the
execution of this contract. 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. County’s Representative. The Public Health and Environment Department’s designee
shall be the 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 11 hereof, shall continue in full force and effect
through December 31, 2023.
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
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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 $300,000.00. 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. Consultant understands and agrees that the
compensation for the Services shall be paid from the Region 5 Opioid Abatement dollars and
that the County shall not otherwise be responsible for payment of the Services under this
Agreement.
a. For reimbursement, Consultant must submit invoices quarterly. Invoices shall
include a description of Services performed. If County is not satisfied with the completeness of
a submitted invoice, County may request Consultant to either revise the invoice or provide
additional information. Payment will be made for Services satisfactorily performed within thirty
(30) days of receipt of a proper and accurate invoice. All invoices shall include detail regarding
the hours spent, tasks performed, who performed each task and such other detail as County may
request. The County will disburse funds to the Consultant within thirty (30) days of receipt of a
proper and accurate invoice. All invoices must be emailed to phinvoices@eaglecounty.us to
ensure proper payment.
b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by
County shall be identified in 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, prior to payment of compensation or reimbursement for Services but after
submission to County of a request therefore by Consultant, County reasonably determines that
payment as requested would be improper because the Services were not performed as prescribed
by the provisions of this Agreement, County shall have no obligation to make such payment. If,
at any time after or during the term or after termination or expiration of this Agreement, County
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reasonably determines that any payment theretofore paid 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. All funds received by Consultant under this Agreement shall be or have been
expended solely for the purpose for which granted, and any funds not so expended, including
funds lost or diverted for other purposes, shall be returned to County. Consultant shall provide
the County with progress reports upon County’s request; or Consultant shall furnish progress
reports as more specifically set forth in the attached Exhibit A.
e. 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.
f. 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).
g. Consultant acknowledges that this contract is funded by a local sales and excise
tax. Taxes may be variable and the tax generated may be less than what was budgeted. Should
this occur, Eagle County may be required to revise the scope of Services described in Exhibit A.
The County will provide Consultant with 60 days notice under these circumstances.
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
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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. 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.
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. This policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
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.
b. Other Requirements.
i. The automobile and commercial general liability coverage and such other
coverage as indicated above 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
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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 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.
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 and 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
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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 monies 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 including claims for bodily injury or
personal injury including death, or loss or damage to tangible or intangible property; 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 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 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 subcontractor 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 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 Public Health & Environment
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Attn: Heath Harmon
551 Broadway
P.O. Box 660
Eagle, CO. 81631
Phone: (970) 328-8819
E-Mail: heath.harmon@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-Mail: atty@eaglecounty.us
CONSULTANT:
Attn: Nick Brown
Executive Director
address: 1630 Welton St
Denver, CO 80202
Phone: 303-907-8266
email: nick@effct.org
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 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.
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 sole and exclusive forum for such litigation. This
Agreement shall be construed, interpreted under, and 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
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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.
a. In rendering the Services hereunder, Consultant shall comply with the highest
standards of customer service to the public. Consultant shall provide appropriate supervision of
its employees to ensure the maintenance of these high standards of customer service and
professionalism are maintained. The performance of such obligation shall be determined at the
sole discretion of County. In the event County finds these standards of customer service are not
being met by Consultant, County may terminate this Agreement, in whole or in part, upon seven
(7) days’ notice to Consultant.
b. 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. This paragraph shall survive termination of this
Agreement.
c. 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.
d. 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.
e. 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.
f. Consultant represents and warrants that at all times in the performance of the
Services, Consultant shall comply with any and all applicable federal and state laws, codes, rules,
and regulations.
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g. Consultant shall comply with the Civil Rights Act of 1964 and Section 504,
Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age,
religion, political beliefs, national origin, or handicap.
h. 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.
i. 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.
j. 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.
k. 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.
l. The invalidity, illegality, or unenforceability of any provision of this Agreement
shall not affect the validity or enforceability of any other provision hereof.
m. 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.
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 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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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 BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry, Chair
Attest:
By: _____________________________
Regina O’Brien, Clerk to the Board
CONSULTANT:
EFFCT LLC, a Colorado limited liability company
By: ________________________________
Print Name: _________________________
Title: ______________________________
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Nick Brown
Co-founder and CEO
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EXHIBIT A
Scope of Work: Terms of Funding, Deliverables, and Deadlines
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY GOVERNMENT
AND
EFFCT LLC
EXHIBIT A
Scope of Work: Terms of Funding, Deliverables, and Deadlines
These provisions are to be read and interpreted in conjunction with the provisions of the
Contract specified above.
I. Entity Name: Effct LLC (DBA Effct.org)
II. Project Description: The Region 5 Opioid Abatement Council will be increasing
community awareness of resources available to prevent or reduce the harm of substance use,
while reducing stigma around opioid use and treatment access. Concurrently, an increased
understanding of signs and symptoms of use, as well as overdose prevention, will be
promoted through the development and implementation of a broad marketing campaign.
The design process of the marketing campaign will engage with members of the abatement
council, and more importantly with a diverse set of community members/stakeholders from
the five counties that make up Region 5 (Eagle, Summit, Lake, Pitkin, and Garfield
Counties). The assets and materials developed through this inclusive process will direct
families and individuals to resources in their area to access services. The campaign will be
culturally appropriate and responsive to the needs and languages spoken in the region.
Materials will be specific to opioids and substance use recovery.
A multi-year marketing plan will utilize channels necessary to reach community members
that may be at higher risk, as well as saturate the market to broaden awareness of regional
resources and services that can prevent deaths associated with overdose.
III. Definitions:
Community Outreach- Identification and intentional connection with specific members of
the community.
Stigma- A negative response and association with a particular topic or subject matter.
Education- Learning opportunities, including but not limited to marketing materials,
platforms, etc, which provide access to information that increases awareness and knowledge
regarding a certain topic.
The Council- The Region 5 Opioid Abatement Council at-large.
The Workgroup- the Anti-Stigma and Education Campaign Workgroup consisting of
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members of the Region 5 Opioid Abatement Council
IV. Work Plan
Goal I: ENGAGEMENT: Engage stakeholders, council members, and community members that
represent the diverse population groups of Region 5, including people with lived substance use
and recovery experience in the design and development of marketing materials.
Objective 1a: Create an engagement plan for how Effct will gather community input to later
incorporate into the anti-stigma campaign.
Deliverables Deadlines
1. Working with the council, the Contractor will
identify focus populations representative of the
Region's diverse community and establish
connections with community members and partners
directly.
Within 3-months of contract
execution.
2. The contractor will develop an appropriate
engagement plan (e.g. focus groups, social media,
stakeholder interviews, etc.) to incorporate Region
5 voices and experiences in the development assets
and marketing materials.
Within 3-months of contract
execution.
3. The contractor will identify key partners and
stakeholders to assist in necessary aspects of
community engagement and share knowledge of
communities within Region 5.
Within 3-months of contract
execution.
Objective 2a: Execute the engagement plan and gather community input.
1. The contractor will execute the established
engagement plan in accordance to the Council’s
identified focus communities, with steps that
include direct in-person connection within each
county.
Within 6-months of contract
execution.
2. Ensure that key populations identified in
deliverable 1. are engaged and record measures of
success in that engagement.
Within 6-months of contract
execution.
3. The contractor will hold or attend 1-2 community
connection activities in both English and Spanish
(focus groups, interviews, events, etc.) within each
County of the Region, with connections informed
with assistance from Workgroup members.
Within 6-months of contract
execution.
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Goal II: CAMPAIGN CREATION: Create an adaptable anti-stigma and education marketing
campaign, including graphics and materials available in both English and Spanish with culturally
competent translation.
Objective 1b: Measure baselines of knowledge, attitudes, and beliefs that result in stigma
associated with behavioral health conditions (i.e., substance use and mental health conditions) in
all five counties within Region 5.
Deliverables Deadlines
1. The contractor will execute the engagement plan as
identified in Goal I, Objectives 1a-3a, with updates
and results shared with the Workgroup and/or
Council.
Within 6-months of contract
execution, with update frequency
determined by the Workgroup.
2. The contractor will share the results of a baseline
assessment in a short report format with the
Council, with reassessment at the end of the
contract period for comparison data. The
assessment will be offered in English and Spanish
format, with results specified for each language.
This assessment is to include both qualitative and
quantitative data reflective of community
interactions and surveying.
Within 6-months of contract
execution, repeated at the end of the
contract.
3. In collaboration with the council and community
members outlined above, the Contractor will
identify indicators to measure the desired impact
within the community
Within 6-months of contract
execution.
4. In collaboration with the Council, additional
Region 5 Opioid Abatement programs (Harm
Reduction Services and Data Dashbaord
Development) and/or other external partners, an
evaluation plan will be developed based on the
indicators identified above. This can be done in
partnership with above mentioned resources to
incorporate appropriate expertise.
Within 6-months of contract
execution.
Objective 2b: Identify , assess, and promote prevention and treatment resources specific to
geographic areas within the communities of Region 5 with the design of assets and marketing
materials that are inclusive of the voice and experiences of Region 5 community members.
Deliverables Deadlines
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1. The contractor will identify prevention and/or
treatment resources specific to each county and
advertise these resources according to geographic
location.
With frequency determined by the
Council. No later than the end of
the first year of the contract.
2. The contractor will create a sustainability plan to
maintain resource knowledge that is shared with
community members throughout Region 5.
With frequency determined by the
Council. No later than the end of
the first year of the contract.
Objective 3b: Develop and promote a brand specific to the Region 5 Anti-stigma and Education
Campaign using culturally competent messaging and imagery as informed by direct community
interactions throughout Region 5.
Deliverables Deadlines
1. Following community connections and feedback,
the contractor will create a brand which resonates
with Region 5 Community members. This brand
will serve as identifiable graphics (consistent logos,
color-schemes, fonts, etc) which create immediate
recognition of the campaign, and are included in all
forms of outreach throughout the campaign period.
Graphics to be shared with Council
members no later than 6 months of
contract execution.
Goal III: STIGMA REDUCTION: Reducing stigma as a barrier to accessing services for
people with behavioral health conditions and their loved ones
Objective 1c: Create locally sourced, lived-experience-based outreach materials specific to
counties/communities within Region 5 including both English and Spanish community members.
Deliverables Deadlines
1. The contractor will develop and share print
material designs for physical outreach materials to
be utilized as needed at the discretion of the
Council. Vendor is responsible for determining
possible physical material distribution needs based
on community and partner interactions throughout
each county of the Region. This may include, but
not be limited to, strategic advertisement
placements, such as bus advertisements, stickers, or
business cards for those receiving treatment or
recently released from incarceration, etc. Budgeting
for materials will be determined between
Workgroup and Vendor.
Plan (including, but not limited to:
locations, methods, themes, and
placement, etc) to be shared with
Council members no later than
6-months of contract execution.
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Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
2. The contractor will develop and advertise a virtual
platform that directs users to localized resources
specific to geographic areas of the Region. This
must include a sustainability plan (including
maintenance proposal, if appropriate) to inform and
provide recommendation to the Council for
site/material longevity.
Plan (including, but not limited to:
advertising methods, locations,
themes, sustainability, etc) to be
shared with Council members no
later than 6-months of contract
execution. Information regarding
identified resources (including, but
not limited to: challenges/gaps in
resources, availability of services,
etc) to be included.
3. The contractor will develop a plan which identifies
target audiences to outreach using targeted ads and
market placement, accommodating to specific
geographic locations and directing users to
localized resources specific to geographic areas of
the Region
Plan (including, but not limited to:
advertising methods, locations,
themes, sustainability, etc) to be
shared with Council members no
later than 6-months of contract
execution.
4. Materials must be created and distributed
accordingly in both English and Spanish, using
culturally competent, applicable, and specific
verbiage and graphics which resonate with each
language as informed by community feedback.
Concurrently with other
deliverables.
5. The contractor will co-create outcomes and
indicators with Workgroup members which
measure the impact of the campaign on community
stigma. Examples of this measurement must
include pre-and-post community response
collection including, but not limited to: “how
comfortable are you seeking help, do you know
how to reach out for help, did the campaigns
change your feelings about mental health, etc”
Within 3-months of contract
execution.
Goal IV: RESOURCE CONNECTION: Increase the number of people who are aware of and
utilizing treatment and prevention resources for Substance Use Disorder, either for themselves or
someone else, across the 5 counties of the Region 5 Opioid Abatement Council.
Objective 1d: Through targeted marketing and community-based outreach, contractor will
successfully share localized resources with communities throughout Region 5.
Deliverables Deadlines
1. The contractor will co-create outcomes and
indicators with Workgroup members which show
success in depth of the outreach materials and
approach.
Within one year of contract
execution.
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Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
2. The contractor will co-create outcomes and
indicators with Workgroup members which
measure the impact of the campaign on community
resource connection. Examples of this
measurement must include pre-and-post resource
knowledge base-line measurement.
Within one year of contract
execution.
3. The contractor will utilize partnerships (ex:
community mental health offices, PCP offices,
harm reduction organizations, etc) that provide
direct services to community members to
coordinate community outreach.
Within one year of contract
execution.
V. Monitoring:
The Region 5 Opioid Abatement Council and Eagle County Government as the fiscal agent
will monitor this Contract for compliance with performance requirements throughout the
Contract period. Methods used will include a review of documentation determined by the
Council to be reflective of performance, including progress reports and other fiscal and
programmatic documentation as applicable. The Contractor ’s performance will be evaluated
at set intervals and communicated to the Contractor.
VI. Resolution of Non-Compliance:
The Contractor will be notified in writing within 15 calendar days of the discovery of a
compliance issue. Within 30 calendar days of discovery, the Contractor and Eagle County
Government as fiscal agent for the Region 5 Opioid Abatement Council, will collaborate,
when appropriate, to determine the action(s) necessary to rectify the compliance issue and
determine when the action(s) must be completed. The action(s) and timeline for completion
will be documented in writing and agreed to by both parties. If at any time the other counties
have concerns about compliance with the contract or are not satisfied with the provision of
services in their area they can communicate this to the Angit-Stigma and Education
Campaign workgroup to come to a fair and equitable solution.
VII. Budget:
Budget Item Total
Investment Description
Year 1
Investment
Year 2
Investment
Standard
non-profit
hourly labor
rate
$95
hourly
We provide impactful nonprofits like
the Council our standard non-profit
rate of $95 per hour.
$95 hourly $95 hourly
6
Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
Advertising
Investment
$142,000 This investment will cover the cost of
placing and running advertisements
on digital platforms including
Facebook, Instagram, Youtube,
Google, and other digital platforms.
This budget can also be used for
out-of-home and over-the-top
advertising depending on Region 5's
needs. This figure includes a 10% fee
for placement. This commission is
standard industry practice for ad
agencies and clients.
$71,000 $71,000
Travel
Investment
$7,000 This investment will cover expenses
related to traveling to and from
Region 5's counties. This will allow us
to come to Region 5 for focus
groups, research interviews, content
creation, and any necessary on-site
meetings. This fund also includes
providing incentives such as payment
to interviewees.
$3,500 $3,500
Implemen-
tation
$2,500 This implementation and setup
investment covers onboarding as well
as our initial meeting, deep dive into
existing practices as well as
formalization of a standard plan. The
time estimate for implementation and
set up is approximately 25 hours.
$2,500 $0
Website
Creation &
Maintenance
$7,000 This investment will cover the
expense of buying needed website
domains, subscriptions to services
such as Wix, and any other costs
associated with maintaining
dedicated websites and landing
pages for the campaign. $6,000
$1,000 Website
Creation &
Maintenance
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Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
Software &
Licenses
$1,440 We like to use various software
including HotJar for tracking website
usage patterns. We will also use
Hubspot as our marketing suite for
email and contact management.
$720 $720
Hardware &
Technology
$0 All hardware and technology for
content creation and campaign
management is provided by Effct.org.
$0 $0
Training
$0 No training is needed for this scope
of work.
$0 $0
Creative,
management,
evaluation,
reporting, and
additional labor $135,000
Labor expenses include creative
work, consulting, management,
payroll expenses and administrative
work performed by Effct.org. This
includes, but is not limited to, web
design, meetings, the design and
placement of ads,
photography/videography, budgeting,
the creation of weekly recap reports,
quarterly reports, a final report, and
management of needed systems.
This is billed at our nonprofit rate of
$95 per hour. We anticipate
approximately 60-70 hours of work
per month, for an approximate
retainer of $5,625 per month.
Effct.org will be managing the bulk of
the campaign. $67,500
$67,500
Creative,
management,
evaluation,
reporting,
and
additional
labor
Total $294,940 $151,220 $143,720
8
Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
VIII. Project Timeline:
The following schedule is for a campaign that begins in May 2023 and ends in April 2025. These
start and end dates are examples as Effct’s start date will initiate on the business date following
the finalization of the contract.
Phase 1: Initial Campaign Setup (Months 1-3)
Month 1 (May 2023)
- Conduct initial campaign onboarding meeting with Council
representatives - Complete fact finding and research
- Begin setting up interviews with stakeholders in Region 5
- Travel to Region 5 to conduct interviews
Month 2 (June 2023)
- Continue interviews and focus groups with stakeholders in
Region 5 - Form KPIs and tracking mechanisms
- Begin developing messaging and content strategy for campaign based on our
focus groups and interviews
- Begin developing creative & brand assets, website
- Create social media accounts, ad accounts
Month 3 (July 2023)
- Review initial landing pages and websites with Region 5 representatives for
feedback and make needed edits
- Begin developing advertising assets
- Finalize landing pages, websites
- Prepare initial round of content/advertisements
- Launch campaign
Phase 2: Finishing the first year of the campaign (9 months)
Months 4-6 (August-October 2023)
- Run and manage initial advertising campaign(s), adjusting as needed - Implement
search engine optimization (SEO) strategies to improve our search engine rankings
and increase organic traffic to our website.
- Monitor website and landing page traffic
- Create initial report for the first three months of the campaign
Months 7-9 (November 2023-January 2024)
- Adjust campaign strategy and content based on the results of the past three months
- Leverage public relations (PR) tactics to generate media coverage and build
credibility, such as issuing press releases, pitching journalists, and securing speaking
opportunities.
- Conclude three-month period with report for the past three months of the campaign
Months: 10-11 (February 2024 - March 2024)
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Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
- Continue deploying content, and analyzing its effectiveness in connecting
residents to resources to enact behavior change
- Leverage user-generated content by encouraging your audience to share
photos, videos, and testimonials about our products or brand on social
media.
Month 12 (April 2024)
- Analyze results at the end of April 2024, review progress towards goals and
overall campaign performance in order to determine the impact and relative
success of campaign
- Set goals and objectives for the second year of the partnership
- Conclude three-month period with report for the past three months of the campaign
Phase 3: Campaign Evaluation and New Content Creation
Months 13-15 (May-July 2024)
- Study new Healthy Kids Colorado Survey data on prescription pain medication
use among youth
- Travel to Region 5 to meet with team, conduct new interviews and capture new
content and assets
- Develop new assets
- Update website
- Launch new content
Phase 4: Ongoing Content Deployment
Months 16-23 (August 2024-March 2025)
- Continue to develop and launch new content
- Create compelling content that resonates with our target audience, such as blog
posts, videos, infographics, and other visual assets.
- Use retargeting ads to reach people who have previously engaged with our brand
or visited our website, and encourage them to take action
- Conclude each three-month period with report for the past three months of
the campaign
- Focus remaining budget on our most effective content and advertisements,
providing for a strong finish
Phase 5: End of Campaign
Month 24 (April 2025)
- Complete final report for campaign
- Arrange post-campaign meeting with the Council to discuss the campaign’s
overall impact and performance, including the final report
- Discuss potential extension of the campaign or sunset the campaign in line with
the desires of the Council
10
Eagle County-Region 5 Anti-Stigma and Education Campaign
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
13
Eagle County HHS Prof Serv Final
Exhibit B
Certificate of Insurance
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
Excluded
Berkshire Hathaway Direct Insurance Company 10391
09/05/2023
Eagle County
500 Broadway
Eagle, CO 81631
X
X
X
N9BP903282 03/17/2023 03/17/2024A 5,000
2,000,000
50,000
4,000,000
4,000,000
Effct LLC
Effct.org
1630 Welton St
Denver, CO 80202
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/
Aggregate
203-654-3613844-472-0967
customerservice@biBERK.com
X
Eagle County is listed as additional insured as it pertains to general liability (see endorsement attached)
Eagle County is listed as additional insured as it pertains to professional liability (see endorsement attached)
XA N9PL903444 03/17/2023 03/17/2024 $1,000,000/
$1,000,000
1,000,000
1,000,000
1,000,000
N9WC903143 03/17/2023 03/17/2024
X
NB
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
09/05/2023
Berkshire Hathaway Direct Insurance Company
X
X
*
*
* ALS up to 12 months.
0
8,10003/17/2023 03/17/2024
Eagle County
500 Broadway
Eagle, CO 81631
N9BP903282
Bldg #001: Advertising and Related Services (Office) - 6365101
Location: 1630 Welton StDenver, CO 80202
n/a
n/a
n/a
Effct LLC
Effct.org
1630 Welton St
Denver, CO 80202
BIBERK
P.O. Box 113247
Stamford, CT 06911
541810
250
(203) 654-3613
salessupport@biberk.com
(844) 472-0967
DocuSign Envelope ID: 0E7179E1-8FD9-4DC7-97F2-423C6E1FE57C
