HomeMy WebLinkAboutC24-353 Apex Marketing Group, Inc.AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND APEX MARKETING GROUP, INC THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between Apex Marketing Group, Inc. a Colorado Corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County issued a request for proposals in June 2024 to solicit proposals from qualified consultants for the provision of consulting services for development of advertising, naming rights and sponsorship valuation (the “RFP”) for the Eagle County Government Fairgrounds facilities (the “Fairgrounds”), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, whereas Contractor submitted a proposal in response to the RFP and was selected by the County as the successful proposal under the RFP. A copy of Contractor’s proposal is attached hereto as Exhibit B, and incorporated herein by this reference; and WHEREAS, County desires to utilize Contractor for the development of advertising, naming rights and sponsorship valuation at the Eagle County Fairgrounds (the “Property”); 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 B (“Services” or “Work”). The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in accordance with the schedule established in Exhibit B. If no completion date is specified in Exhibit B, 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. Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 8/16/2024 2 Apex Marketing Group, Inc.Agreement.2024 b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A or Exhibit B 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 Facilities Management Department’s designee 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 August 31, 2025. 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 in accordance with the project phasing described on page 17 of Contractor’s proposal attached as Exhibit B. The performance of the Services under this Agreement shall not exceed two hundred thousand dollars ($200,000.00). 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. Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 3 Apex Marketing Group, Inc.Agreement.2024 c. 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 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. 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 $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, Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 4 Apex Marketing Group, Inc.Agreement.2024 employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. 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 moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify, defend 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 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 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. Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 5 Apex Marketing Group, Inc.Agreement.2024 COUNTY: Eagle County, Colorado Attention: Facilities Management Department 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 E-Mail: ron.siebert@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 CONTRACTOR: Apex Marketing Group 4407 Irene Drive St. Clair, MI 48079 Telephone: 810-300-4834 E-Mail: esmallwood@apexmarketinggroup.net 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 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 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 6 Apex Marketing Group, Inc.Agreement.2024 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 he 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. Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 7 Apex Marketing Group, Inc.Agreement.2024 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. l. 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. m. 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. 15. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 8 Apex Marketing Group, Inc.Agreement.2024 and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [REST OF PAGE INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 9 Apex Marketing Group, Inc.Agreement.2024 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 By: ______________________________ Jeff Shroll, County Manager CONTRACTOR APEX MARKETING GROUP, INC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB President Eric Smallwood Proposal response for Eagle County RFP Fairgrounds Sponsorship and Naming Rights Consulting Services Prepared for: Jan Miller, Facilities Manager - Eagle County Government Prepared by: Eric Smallwood, President Date: June 26, 2024 EXHIBIT A Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB June 26, 2024 Jan Miller, CFM Facilities Manager - Eagle County Government P.O. Box 850 Eagle, CO 81631 Email: jan.miller@eaglecounty.us Dear Jan, It is with great pleasure, on behalf of Apex Marketing Group, Inc. (a certified Service-Disabled Veteran- Owned Small Business company), that we submit this proposal to the Eagle County Government (“ECG”) to be considered as the designated consultant to develop and analyze the naming rights, the advertising and sponsorship program for the Eagle County Fairgrounds (“Fairgrounds”). The scope of services outlined in this RFP for the designated Consultant, are to evaluate, analyze and to develop the Naming Rights, Advertising and Sponsorship program for the Fairgrounds and its events. The Consultant will provide detailed data results and recommendations to ECG with key indicators of the naming rights and advertising values, including benefits and opportunities to enhance a partnership between various sponsors and the Fairgrounds. The following proposal outlines our extensive experience in conducting Naming Rights and Advertising Sponsorship Evaluations, program development and sales services, we will provide a unique approach to the betterment of the Fairgrounds, by utilizing our 25+ years (Apex was established in 2015) of experience selling & analyzing Naming Rights & sponsorships on behalf of our clients that own or operate similar types of venues. During the pre-award period, if desired, we are available to meet with ECG to discuss our proposal, experience and why our firm will provide the most detailed analytics and reporting, our “best in class” sales services and on-going support throughout the project. Thank you for allowing us the opportunity to bid on this project. Sincerely, Eric Smallwood President Apex Marketing Group Em: esmallwood@apexmarketinggroup.net Ph: (810) 300-4834 2 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB TABLE OF CONTENTS RFP PROPOSAL FORM 4 APEX MARKETING GROUP 5 NAMING RIGHTS & SPONSORSHIP ANALYTICS EXPERIENCE 6 CONSULTING PROJECT EXPERIENCE & references 7 PROJECT LEADER 10 EAGLE COUNTY 11 LEGAL PROCEEDINGS 12 INSURANCE COVERAGE 12 SCOPE OF SERVICES & ASSOCIATED COSTS 13 TOTAL INVESTMENT & EXPENSES 17 APPENDIX 18 SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CERTIFICATION 18 RESUME - ERIC SMALLWOOD 19 ANALYTICS METHODOLOGIES - APEXMETRICS™ 22 3 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB RFP PROPOSAL FORM 4 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB APEX MARKETING GROUP As a pioneer in the Naming Rights/ Sponsorship sales & Analytics field, Apex Marketing Group, Inc (“Apex”) has developed key methodologies for analyzing Brands and Sponsors’ marketing and advertising programs. Apex will provide, to Eagle County, a client focused catered sponsorship analytics report, which will include key methodologies based on venue/team/event, market & sales driven metrics, determine the ROI for each of the assets, provide comparable venues/events analyses and historic fundamentals. By developing key market analytics for targeted Naming Rights & Sponsorship (“Commercial Rights”) clients we will provide recommendations and expert consulting related to the best path for achieving the Commercial rights objectives for the County and the Fairgrounds. Key elements of our Naming Rights sales & analysis services include: •Validating return-on-investment for Naming Rights & Sponsorships brands for the specific sports/ event properties - utilizing our 25+ years of analyzing sports & entertainment and fairground properties for Commercial Rights. •Turnkey implementation for the entire Commercial Rights sales process, from prospecting to contract negotiations to through the PR rollout campaign. •Compiling data in a comprehensive and detailed report, specifically designed for our clients needs. •Providing a quantitative & qualitative analysis of the advertising and branding exposure from all forms of media (TV, Radio, On-site, Print, Internet, Social & Outdoor) •Provide recommendations to increase exposure for Naming Rights & Sponsorship partnerships - utilizing historic data, prior sponsorship agreements, Best Practices from other fairground Naming Rights and Sponsorships. •Assist with Naming Rights/Sponsorships contract development & negotiations for the brand and or/ venue, to provide the best ROI for our client. 5 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB NAMING RIGHTS & SPONSORSHIP ANALYTICS EXPERIENCE Apex Marketing Group has over 25 years of experience selling, analyzing and activating Sports & Entertainment and Event focused Naming Rights & Sponsorship partnerships. Those projects included: MULTI-PURPOSE COMPLEXES Sandhills Global Event Center (Lincoln, NE) Pelham Civic Complex and Ice Arena (Pelham, AL) Eastern Oregon Trade & Event Center (Hermiston, OR) Scheels Overland Park Soccer Complex (Overland Park, KS) Northwest Sports Hub (Centralia, WA) Soccer Zones (Michigan/Indiana) CONVENTION CENTER & THEATER VENUES Grand Junction Convention Center (Grand Junction, CO) Amphitheater at Las Colonias Park (Grand Junction, CO) North Shore Center for the Performing Arts (Skokie, IL) Frankenmuth Credit Union Event Center (Birch Run, MI) RBC Theatre (London, Ontario, Canada) Gate City Bank Theatre (Fargo, North Dakota) Community Choice CU Conv.. Center (Des Moines, IA) Cross Insurance Center (Bangor, Maine) Duke Energy Center (Cincinnati, Ohio) Phoenix Convention Center & Venues (Phoenix AZ) St Charles Convention Center (St. Charles, MO) UNIVERSITY/COLLEGE AD DEPT & VENUES University Maryland - Baltimore County, Event Center Minnesota State University, Mankato St. Cloud University University of North Dakota Texas A&M - NCAA Tournament & Aggies Football University of Evansville - 2020 Basketball games Dallas Baptist University - 2021 - NCAA Baseball Games MINOR LEAGUE VENUES Budweiser Gardens (London, Ontario, Canada) PPL Center (Allentown, Pennsylvania) Giant Center (Hershey, Pennsylvania) Essar Centre (Sault Ste. Marie, Ontario, Canada) FOOTBALL Houston Texans (NFL) Philadelphia Eagles (NFL) Seattle Seahawks (NFL) New York Dragons (AFL) HOCKEY New York Islanders (NHL) Philadelphia Flyers (NHL) Hamilton Bulldogs (AHL) Hershey Bears (AHL) Adirondack Phantoms (AHL) BASKETBALL Detroit Pistons (NBA) Brooklyn Nets (NBA) Orlando Magic (NBA) Philadelphia 76ers (NBA) Sacramento Kings (NBA) BASEBALL Atlanta Braves (MLB) Kansas City Royals (MLB) Pittsburgh Pirates (MLB) 6 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB CONSULTING PROJECT EXPERIENCE & REFERENCES SANDHILLS GLOBAL EVENT CENTER Lincoln, NE (Formerly Lancaster Event Center) From October 2022 - August 2023, Apex’s Eric Smallwood, designed and conducted a Naming Rights solicitation program for the Lancaster Event Center by providing an updated Naming Rights evaluation analysis (from a 2018 Apex analysis) for the Lancaster Event Center complex, which was presented to Sandhills Global as part of the Naming Rights proposal for the Complex and various facilities. Apex worked directly with the venue, Ag Society and the sponsor during the entire process from proposal stage to contract terms to ground breaking for the new name. Sponsor: Sandhills Global and associated brands Venues Named: •Lancaster Event Center became Sandhills Global Event Center •Pavilion 1 became Currency Pavilion  •Pavilion 2 became EquineMarket Pavilion •Pavilion 3 became LivestockMarket Pavilion  •Pavilion 4 became TractorHouse Pavilion •Multi-Purpose Arena (MPA) became FR8Star Pavilion  •Grandstand Arena became AuctionTime Grandstand Arena •Campgrounds became RVUniverse Campgrounds  Client Reference: Amy Dickerson Executive Director phone: (402) 429-1950 7 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB RODEO VENUES - NAMING RIGHTS & SPONSORSHIP ANALYSES Since 2015, Apex Marketing Group has conducted a variety of Naming Rights & Sponsorship Analytics and Sales services for its clients, below are specific projects and references. Eastern Oregon Trade & Event Center - Hermiston, OR Venue: Fairgrounds with Event Center & Rodeo Arena Service: Naming Rights and Sponsorship Evaluations Client Reference: Corey Pearson Executive Director VenuWorks Phone: (509) 378-8185 Dickies Arena - Fort Worth, TX Venue: Arena with complex assets, host venue for the Fort Worth Stock Show & Rodeo Service: Naming Rights and Sponsorship Evaluations Client Reference: Matt Homan President/General Manager Dickies Arena Phone: (817) 402-9050 8 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB MICHIGAN LOTTERY From August 2015 - February 2024, Apex Marketing Group has conducted multiple third party evaluation analyses for SMZ on the behalf of Michigan Lottery. These analyses were conducted at various phases of the contract status including negotiations, in-program enhancements, Naming Rights negotiations (Michigan Lottery Amphitheatre at Freedom Hill), revision of contracted elements (Tigers - reduction of homeplate signage), etc. Apex developed catered reports for each of the properties and conducted all of the services required for each of the properties. Major League Sports Properties •Detroit Tigers •Detroit Lions •Detroit Red Wings •Detroit Pistons Motorsport Properties •Michigan International Speedway Collegiate Properties •University of Michigan •Michigan State University Concert & Entertainment Properties •Arts, Beats & Eats •Winter Blast •Detroit River Days •Amphitheatre at Freedom Hill Client Reference: Lisa Smith-Johnson Michigan Lottery Phone: (517) 335-2315 9 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB PROJECT LEADER Eric Smallwood President Apex Marketing Group Eric has spent over 25 years as an highly successful and knowledgeable sales and management professional with a proactive approach to creating customer-driven strategies designed to stimulate sales, expand industry presence, and enhance the bottom line. He has provided clients with exceptional customer / account management skills with ability to inspire confidence and gain trust through attentive service and efficient problem solving. He has exhibited excellent communication talents; liaise effectively at all professional levels to generate sales opportunities within highly competitive markets. Eric possesses strong leadership and professional attention to detail supplemented by the ability to influence others; build cohesive teams that consistently achieve business objectives. Eric’s experience is rooted in the marketing and sales of Naming Rights, sponsorships, corporate consulting, sponsorship evaluation analyses and partnerships for arenas, stadium, fairgrounds, entertainment venues and events. Eric will be the direct liaison with Eagle County during all facets of this project, his resume is presented in the Appendix of this proposal. 10 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB EAGLE COUNTY Eagle County, Colorado, is a picturesque and vibrant region located in the central part of Colorado. It's known for its stunning natural beauty, outdoor recreational opportunities, and a blend of small-town charm with upscale amenities. Eagle County is situated in the Rocky Mountains and features tourism and outdoor recreation as its top economic drivers. The county provides an avenue for these activities with ski resorts including Vail and Beaver Creek, outdoor trail systems through the Holy Cross Wilderness and White River National Forest and water sporting activities on the Eagle River. In addition to these outdoor adventure opportunities, the county is home to the Eagle County Fairgrounds. The Fairgrounds, which is situated on the west bank of the Eagle River, plays host to over 75,000 attendees annually and is home to the Eagle County Fair and Rodeo. In July 2024, the Fair will be celebrating its 85th year of hosting the community to assemble and celebrate the county’s Western heritage.  The Fairgrounds accommodates a variety of year-round activities, from agricultural fairs and rodeos to community gatherings and private events. The Fairgrounds features the following venues: 1. Eagle River Center 2. Exhibit Hall 3. Pro Rodeo Arena 4. Livestock Barns and Pens 5. Pavilion 6. RV and Camping Area 7. Gazebo 8. Grandstands 9. Practice Arena 11 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB LEGAL PROCEEDINGS Apex Marketing Group and its officers have not and do not currently have any legal proceedings, claims or liabilities against them, going back to Apex’s inception in May 2015. INSURANCE COVERAGE Apex Marketing Group will comply with the insurance language which shall be included in the agreement to be awarded unless otherwise agreed to in writing by Eagle County. Apex agrees to provide and maintain, at Apex’s sole cost and expense, the required insurance coverage with limits of liability not less than those stated in the agreement. 12 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB SCOPE OF SERVICES & ASSOCIATED COSTS Apex Marketing Group proposes the following Naming Rights & Sponsorship Scope of Services: Phase 1: Naming Rights & Sponsorship Evaluation Analysis Timeline: 90 to 120 days, with on-going support as needed. Apex will provide the following Scope of Services during this Development and Analysis Evaluation phase: •Work with the Fairgrounds Facility staff to determine Naming Rights & Sponsorship partnership assets which could include; venue Naming Rights, sub-naming rights, exterior/interior signs, video board, highway Marquee, advertising activation locations, temporary and permanent vending locations. •Review current inventory to integrate into a Naming Rights and Sponsorship program to include: current Complex Static signs, activation locations, event promotions and event sponsorships. •Determine category exclusive services/product sales opportunities for Sponsor partner(s) •Package (current and future) advertising and sponsorship assets provided to a Sponsor partner •Additional opportunities utilizing Apex’s ‘Best Practice’ Naming Rights Sales & Analytics experience Evaluation Analysis Process 1.Determine current Fairground venues and assets to evaluate for Naming Rights ex: Pro Rodeo Arena and Event Center. 2.Provide a valuation of the projected media garnered through traditional media for the prospective venues and above mentioned sponsorship asset items, via regional & national media, considering: a.Encompassing any broadcast from televised/radio events surrounding the Complex events including Tenant streaming and Linear programming 3.Provide a valuation of the projected exposure generated from the Sponsorship inventory items: 13 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB a.Regional and National Newsprint b.Complex/Venue attendance (Rodeo events, Tournaments, other events) c.On-site Signage and activation locations including vending locations and product/ sampling displays d.Local and Regional event ad buys (print, outdoor, TV), where venues are tagged e.Marketing and Print Materials (letterhead, business cards, brochures, etc) f.Traffic evaluation from signage & Venue/Complex visibility from roadways. g.Online exposure (Rodeo participants and fair websites, online media, etc.) h.Social Networking sites (Facebook, Instagram, X, etc.) i.Ancillary exposure (event collateral & programs, brochures, etc.) j.Additional event exposure (regional events, etc.) Deliverables •Analysis report will include an Executive Summary which outlines the key findings for the Naming Rights and Sponsorship assets. •Provide an overview of the Assets and their associated values to be used in the Proposal for Phase 2, to be used for the Sponsorship/Naming Rights packages. •With the Fairgrounds staff, review the Analyses, the marketable Naming Rights and the assets to be included in a proposal for prospective Naming Rights and Sponsorship partners. •Meet with Fairgrounds staff to garner their perspectives and goals for a Naming Rights and Sponsorship program. Discuss prospective categories of sponsors and those that are off-limits (i.e. tobacco, marijuana and alcohol brands). 14 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Phase 2: Naming Rights & Sponsorship Sales Development Strategy & Execution Timeline: At the conclusion of Naming Rights & Sponsorship Evaluation Analysis phase - 3 to 18 months Naming Rights & Sponsorship Strategy Services The following items represent Apex’s activity timeline and detailed specifics with respect to the work which will be conducted in the Naming Rights & Sponsorship Sales process. •Develop detailed Sponsorship sales activity timeline •Develop marketing plan for Sponsorship sales •Implement sales solicitation process and marketing plan which includes providing a formal report summarizing the plan and conduct sales presentation meetings. •Confirm with the Fairgrounds leadership on the inventory and benefits for Advertising partners, utilizing the deliverables from Phase 1. •Develop the Sponsorship sales collateral and presentation materials; executed via the marketing plan •Review current special events and their sponsorships/advertising attributes. •Develop the Likely to be Engaged (LTBE) contact list consisting of current partners and new prospects, including regional, national, and international companies, focusing on companies currently or likely to do business with fairgrounds and rodeo complexes. •Provide sample Sponsorship and Naming Rights agreements to the County for legal review, during the final process with interested sponsors. •Additional sales and strategy services available from initial Sponsorship plan to completed sale, this may include; •Revisions & updates of sales collateral based on LTBE prospects’ needs. •Update of (LTBE) target list as needed •Provide guidance to the Fairgrounds leadership on the success of the process and provide any necessary deviation based on target client demand, meetings set and other organization demands for the sponsorship/advertising program as suggested in Phase 3. 15 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Phase 3: Naming Rights & Sponsorship Activation and Fulfillment Process Timeline: TBD, estimated to be ongoing upon completion of Phase 2 Based on the discovery and review in Phase 1 and the various meetings and development in Phase 2, the Phase 3 scope and services will be determined during Phase 2. Apex can provide the following services in conjunction with Fairgrounds and County staff and resources, but the overall scale of the sponsorship activation and fulfillment program will not be determined until the conclusion of Phase 2. Prospective Services: •Work with Eagle County staff to execute all assets as outlined in the sponsorship agreements. •Assist with selection of vendors, review signage plans and manage installation of all signage assets. •Oversee all activation and fulfillment of sponsorship agreements to ensure uniformity of execution. •Be present at installation activations for supervision purposes. •Follow up with solicitation partners that expressed interest in naming rights but were unable to successfully execute an agreement to see if they have interest in sponsorship assets that can co- exist with the naming rights agreement, thus increasing the total revenue for the Fairgrounds. 16 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB TOTAL INVESTMENT & EXPENSES Analysis & Naming Rights/Sponsorship Sales Development/Execution Fees: •Phase 1: $19,500 for the above described Naming Rights & Sponsorship Evaluation Analysis •Phase 2: $3,000 monthly fee - capped at $24,000, to begin at the completion of Phase 1. •Phase 3: to be determined during Phase 2. Commission: Naming Rights & Sponsorship Sales •Annual Sales commission amounts: 10-15% commission paid to Apex on the annual gross revenue of the Naming Rights/Sponsorship agreements that were executed while Apex is under contract. •Actual commission amount to be determined at the conclusion of Phase 1 and will align with revenue benchmarks. Timeline/Questionnaire: A timeline & research questionnaire will be created to assist in compiling the most comprehensive analysis and Naming Rights/Sponsorship development; these will be issued, to the Fairground facility staff, upon contract signing. Research Items: The Fairground will need to provide to Apex, event/attendance data, video (marketing ads) content and distribution information to aid in completing the analysis. Expenses: Pre-approved out-pocket expenses to be reimbursed to Apex by the Fairgrounds, estimated expenses to be used for (1) on-site tour and Phase 1 evaluation data collection and subsequent trips for Phase 2 sponsor meetings. Apex will utilize video conferencing at its expense, to reduce travel costs, when feasible. 17 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB APPENDIX SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CERTIFICATION 18 202-205-8800 | sba.gov 409 3rd St, SW. Washington DC 20416 Oct. 3, 2023 APEX MARKETING GROUP INC SAM UEI: JLLXTV14ANW1 4407 IRENE DR SAINT CLAIR, MI 48079 Dear APEX MARKETING GROUP INC: I am writing to inform you that APEX MARKETING GROUP INC has been certified by the Veteran Small Business Certification Program (VetCert) at SBA. Your certification confirms your eligibility to compete for set-aside contracting opportunities, as well as other benefits, as a Service-Disabled Veteran-Owned Small Business (SDVOSB). What you need to know: APEX MARKETING GROUP INC is certified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) and publicly listed at veterans.certify.sba.gov. Your certification is valid for three (3) years from the date of this letter. You may visit SBA's website to download SBA-approved digital icons that indicate your certification status. SBA may conduct a program examination at your office or work site during your certification period to verify the accuracy of your certification. You may apply for recertification 120 days prior to your expiration date by logging in to your Veteran Small Business Certification profile. What to do if your business changes: You must inform SBA of any changes to the business that could affect its eligibility for the program, such as: a closure a change to the firm's ownership, business structure, or control filing of a bankruptcy a change in a Veteran-owner's active duty status You can inform SBA of changes through the VetCert website at veterans.certify.sba.gov. Failure to report eligibility changes within 30 days of the change could result in: Civil and criminal penalties A referral to the Debarment and Suspension Committee Decertification and removal from the Veteran Small Business Certification Program Please keep a copy of this letter to confirm APEX MARKETING GROUP INC's continued program eligibility. Thank you for your service to our country and for continuing to serve the United States through small business ownership. SERVICE-DISABLED VETERAN-OWNEDCERTIFIED Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB RESUME - ERIC SMALLWOOD 19 …continued… E RIC R. S MALLWOOD 4407 Irene Dr • Saint Clair, Michigan 48079 em: esmallwood@apexmarketinggroup.net • c: 810.300.4834 NAMING RIGHTS - SPONSORSHIP SALES EXPERT & ANALYTICS DEVELOPER Strategic Market Planning / New Business Development / Profit Optimization Analytics Program Development / Key Account Management / Revenue Growth Highly successful and knowledgeable sales and management professional with proactive approach to creating customer-driven strategies designed to stimulate sales, expand industry presence, and enhance the bottom line. Exceptional customer / account management skills with ability to inspire confidence and gain trust through attentive service and efficient problem solving. Excellent communication talents; liaise effectively at all professional levels to generate sales opportunities within highly competitive markets. Strong leadership and professional attention to detail supplemented by the ability to influence others; build cohesive teams that consistently achieve business objectives. Operations & Management Strengths: • Project Management • Innovative Marketing Initiatives • Analysis Metric Development • Strategic Alliances • High Impact Presentations • Sponsorship & Advertising Sales • Internal Systems & Controls • Consultative Sales & Product Promotion • Contract Negotiations • Team Building & Leadership PROFESSIONAL EXPERIENCE APEX MARKETING GROUP – Detroit, MI President (2015 to Present) • Sponsors/ Branding Analytics & Corporate Consulting • Advertising, Naming Rights & Sponsorships Sales & Service- at Municipal, Sports & Entertainment venues • Commercial & Branding Research & Analytics • Product Placement & Integration prospecting and negotiations in the Film & Television industry Apex Marketing Group provides advertising and branding consulting sales services and customized sponsorship & brand analytics for commercial brands and advertisers with an focus on the analytics and Film & TV market segments. Selected Contributions: ♦ Oversees the day-to-day operations of the company including Marketing and Revenue Growth. ♦ Conducts Sponsorship sales for clients, including Naming Rights sales, sponsorship & advertising, event sponsorship. ♦ Conducts Product Placement/Integration sales working with over 100 TV & OTT shows and 50+ Films annually. Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 20 ERIC R. SMALLWOOD • Page 2 …continued… ♦ Has overseen the evaluation of Corporate brands, NFL, MLB, NBA, MLS, TV & Film projects and municipally owned assets, exceeding $550 Million of annual value. FRONT ROW MARKETING SERVICES – Detroit, MI (Corp HQ - Philadelphia, Pennsylvania) Senior Vice President, Project Management (2001 to 2015) Oversee Regional VPs and sponsorship analytics vertical business for diverse clientele, including Brands, Universities / Colleges, Sports Teams, Entertainment Venues, Municipalities, and Corporations. Manage all facets of sales program; direct various concurrent operational tasks including quantitative analysis, policy development, new business, contract negotiations, strategic development, and account management. Develop and administer annual budget of $45 Million for 30 year-round venue projects and 30+ short-term projects. Proactive member of Corporate Management Team; instrumental in long- term business planning. Create and implement standard operational procedures and process improvements to drive new business and increase revenues. Build corporate marketing alliances and vending partnership with various Fortune Global 500 companies. Interact extensively with Regional VPs and onsite sales team members; provide ongoing support and guidance in effort to facilitate quality service, maintain optimal sales techniques, and enhance market presence. Supervise 4 Regional Vice Presidents. Selected Contributions: ♦ Runs the day-to-day business operations of Front Row Marketing Services. ♦ Implements new corporate policies and procedures, and heads-up new business development with assistance from Regional Vice Presidents. ♦ Directly responsible for the growth of Front Row into the collegiate commercial rights marketplace where Front Row has seen rapid growth. ♦ Spearheaded development and launch of Analytics division; sponsorship analysis vertical business service realized $300K net revenue in 2013-14, representing 35% growth from previous year. ♦ Negotiated strategic alliances and long-term business relationships with key decision makers located worldwide, including Canada, Croatia, United Kingdom, and Abu Dhabi. ♦ Built highly productive department; managed onsite account teams and programs for venues / special events, realizing $40M in contracted obligated revenue in 2013/FY. ♦ Formulated operational methodology and continuous improvement initiatives; developed new analysis research products and services. ♦ Established reputation for providing sound leadership and innovative solutions while advancing through series of increasingly responsible roles including Project Director, Director of Marketing, Vice President of Project Management, and ultimately Senior Vice President. JOYCE JULIUS & ASSOCIATES, INC. – Ann Arbor, Michigan Production & Research Manager (1999 to 2001) Envisioned and implemented innovative product strategies for firm specializing in development of ROI Evaluation Analyses. Directed all aspects of Sales and New Product Development department; devised and executed new product strategies, innovative market introduction, positioning, and promotion to facilitate optimal product development. Aggressively prospected and networked for new business; identified target clients Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB 21 ERIC R. SMALLWOOD • Page 3 within the sports sector including the NFL, MLB, NBA, and NHL. Actively participated in improvement of corporate marketing plan. Performed in-depth market research; produced sponsorship evaluation reports for both international and domestic clients. Selected Contributions: ♦ Led sales operations and new product development; instrumental in generating more than $2M in sales during 2001. ♦ Successfully negotiated and secured sales with Fortune 500 companies, sports venues, and real estate clients. ♦ Established and maintained collaborative relationships with key media contacts, significantly enhancing ratings and research efforts. ♦ Recognized for outstanding contributions; quickly advanced from Account Executive to Production & Research Manager. EDUCATION AND CREDENTIALS Veteran Status • US Navy 1988 - 1992 Bachelor of Arts - Marketing • EASTERN MICHIGAN UNIVERSITY – Ypsilanti, MI Associates Degree - Marketing • ST. CLAIR COUNTY COMMUNITY COLLEGE – Port Huron, MI Technical Proficiencies: Microsoft Word, Excel, Outlook, PowerPoint, Windows, Mac programs (Pages, Numbers & Keynote) Google Analytics Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB ANALYTICS METHODOLOGIES - APEXMETRICS™ Apex Marketing Group evaluations are conducted using propriety analysis (ApexMetrics) and metrics to determine the overall Media Value for each sponsorship asset. These analyses use qualitative and quantitative metrics which take into consideration total viewing attendance, on-site and in-broadcast impressions, factoring by location on-screen during a broadcast, integration with branding and product promotions and additional parameters to isolate the overall impact the brand/advertisers have relative to the attendees and viewing public for a specific sports or entertainment event. IMPRESSION VALUE Each advertising, sponsorship and promotion/POS element has an on-site impression value that reflects the total impressions received by each element from the attendance at a venue or an interaction with the advertising medium and its lifespan. These values have been determined through on-site surveying, focus groups and other means of statistical data gathering. TELEVISION ON-SCREEN SEQUENCES This value reflects that amount of time an advertiser/sponsors’ logo or brand identity appears on a given event television broadcast. The logo must be completely legible and clear and in-focus, to be logged as a sequence. BROADCAST EXPOSURES This value is the combined length of all sequences that are in view during the given event broadcast. MEDIA VALUE This value uses the 30-second commercial spot rate for the given event broadcast. The 30-second value is factored (utilizing either the SLF or LF methods) with the exposures to determine the total value each advertiser receives during the television event broadcast. APPROPRIATED MEDIA VALUE FACTORING METHOD This value compares the impression value per advertising element to the value per impression. Based on the formula used (utilizing the Location Factoring method), a dollar value is associated with each element. The 22 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB value assigned to each base impression is $.01. This value is derived by using a CPM calculation derived from historic data surrounding advertising, sponsorships and promotion/POS elements from a variety of media campaigns and programs. FACTORING METHODS: (TV, Film, Newsprint, Internet, Social-Media, POS elements, presence signage, etc) (SLF) Straight-line Factoring Method Over 2,000 local, national and international publications, 1 MM Internet and social media sites, specific TV programming/channels & POS are reviewed for exposure. Each exposure element is compared to the publication/internet’s circulation/unique visitors, TV viewers and is combined with the appropriated media value to determine overall media value. (LF) Location Factoring Method Each article/TV program/Internet/POS occurrence is reviewed for the location of exposure and uses a location-weighting factor. Each mention/exposure of the sponsorship property is weighted depending upon the location of the branding; •Newsprint/Internet: location in the publication, headline, photo, photo caption, byline or body of the article. •TV: exposure/mention - location on screen, length of time, proximity to other logos/branding, visibility and integration. 23 Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB EXHIBIT B Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB Docusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 07/15/2024 Troy-Metro Agency, Inc. 2065 Livernois Rd Troy MI 48083 Apex Marketing Group 4407 Irene Dr St. Clair MI 48079 Max Ehlert 248-813-8540 248-813-8598 max@troymetroagency.com The Hartford 29459 20240715162027190 A Y N 35 SBM IK5169 12/20/2023 12/20/2024 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 Fire Legal Liability A Y N 12/20/2023 12/20/202435 SBM IK5169 2,000,000 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are additional insureds with respect to the automobile and commercial general liability policies Eagle County P.O. Box 850 Eagle CO 81631 EXHIBIT CDocusign Envelope ID: 5DABB801-75E5-469C-85F6-30A4686B43CB