HomeMy WebLinkAboutC24-435 EFFCTAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO, AS FISCAL AGENT FOR REGION 5 OPIOID ABATEMENT COUNCIL, AND EFFCT LLC THIS AGREEMENT (“Agreement”) is effective as of _____________ by and between Effct LLC (hereinafter “Contractor” or “Consultant”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County,” collectively the “Parties”). RECITALS WHEREAS, this Agreement is entered in reference to opioid settlement dollars pursued by the Colorado State Attorney General (the “Opioid Settlement”), disseminated to 19 settlement regions within the State of Colorado pursuant to a Memorandum of Understanding dated August 26, 2021; and WHEREAS, Region 5 is comprised of Eagle, Summit, Lake, Pitkin, and Garfield Counties and has formed an advisory board (the “Region 5 Opioid Abatement Council”) to oversee distribution of Opioid Settlement funds for substance use disorder treatment, recovery, harm reduction, law enforcement, and prevention/education programs; and WHEREAS, Eagle County is the fiscal agent for the Region 5 Opioid Abatement Council, and is responsible for the management, collection, and disbursement of Opioid Settlement funds; and WHEREAS, on October 3, 2023, the Parties executed an agreement (C23-315) for services by Contractor within Region 5 related to marketing and direct community outreach campaigns designed to reduce the stigma around opioid use and treatment while increasing the awareness of resources (the “Anti-Stigma & Education Campaign”); and WHEREAS, the Region 5 Opioid Abatement Council has identified a continued need for the Contractor’s services as well as additional programming, as further described in Exhibit A; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work described in Exhibit A (“Services” or Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 10/22/2024 2 Eagle County Professional Services IT Final 8/15/2022 “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than one year and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County’s Representative. The Public Health & Environment 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 the 2nd day of October, 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 as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $216,452.00. 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 3 Eagle County Professional Services IT Final 8/15/2022 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. 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 4 Eagle County Professional Services IT Final 8/15/2022 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. iv. Professional Liability (Errors and Omissions) including Cyber Liability with prior acts coverage for all deliverables, Services and additional services required hereunder, in a form and with insurer or insurers satisfactory to County, with limits of liability of not less than $3,000,000 per claim and $3,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft, dissemination and/or use of confidential information stored or transmitted in electronic form; (ii) Network Security Liability arising from unauthorized access to, use of or tampering with computer systems including hacker attacks, inability of an authorized third party to gain access to your Software or Services including denial of access or Services unless caused by a mechanical or electrical failure; (iii) liability arising from the introduction of a computer virus into, or otherwise causing damage to, County or a third person’s computer, computer system, network or similar computer related property and the data, software and programs thereon. v. Crime Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Consultant is physically located on County premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers and employees of the Consultant. The bond or policy shall include coverage for extended theft and mysterious disappearance. The bond or policy shall not contain a condition requiring an arrest or conversion. Limits shall be a minimum of $1,000,000 per loss. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 5 Eagle County Professional Services IT Final 8/15/2022 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 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. COUNTY: Eagle County, Colorado Attention: Karina Schorr 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-9811 E-Mail: karina.schorr@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: Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 6 Eagle County Professional Services IT Final 8/15/2022 Effct LLC Attention: Nick Brown, Co-founder and CEO 1630 Welton St / Suite 801 Denver, CO 80202 Telephone: 303-907-8266 E-mail: 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 therefore 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 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 7 Eagle County Professional Services IT Final 8/15/2022 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. 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 8 Eagle County Professional Services IT Final 8/15/2022 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 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; Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 9 Eagle County Professional Services IT Final 8/15/2022 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. 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: ______________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board CONSULTANT Nick Brown, Effct LLC By: _____________________________________ Print Name: ______________________________ Title: ____________________________________ Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D Nick Brown Co-founder and CEO 10 Eagle County Professional Services IT Final 8/15/2022 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 desires to increase community awareness of resources available to prevent or reduce the harm of substance use, while reducing stigma around opioid use and treatment access. The Region 5 Opioid Abatement Council also desires to promote increased understanding of signs and symptoms of use, as well as overdose prevention, through the development and implementation of a broad marketing campaign. The design process of the marketing campaign will seek input from and engagement with members of the Region 5 Abatement Council as well as 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 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 11 Eagle County Professional Services IT Final 8/15/2022 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. By January 3rd, 2024 - COMPLETED 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. By January 3rd, 2024 - COMPLETED 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. By January 3rd, 2024 - COMPLETED 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. By April 3rd, 2024 - COMPLETED 2. Ensure that key populations identified in deliverable 1. are engaged and record measures of success in that engagement. By April 3rd, 2024 - COMPLETED 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. By April 3rd, 2024 - COMPLETED 4. Contractor will conduct 1 additional round of community engagement activities with native Spanish speaking residents of Region 5 for the purpose of refining campaign content to be culturally relevant By December 31st, 2024 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 12 Eagle County Professional Services IT Final 8/15/2022 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. By April 3rd, 2024, with update frequency determined by the Workgroup. - COMPLETED 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. By April 3rd, 2024, repeated at the end of the contract. - COMPLETED 3. In collaboration with the Council and community members outlined above, the Contractor will identify indicators to measure the desired impact within the community By April 3rd, 2024 - COMPLETED 4. In collaboration with the Council, additional Region 5 Opioid Abatement programs (Harm Reduction Services and Data Dashboard Development) and/or other external partners, an evaluation plan will be developed based on the indicators identified above.An This can be done in partnership with above mentioned resources to incorporate appropriate expertise. By April 3rd, 2024 - COMPLETED 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 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 13 Eagle County Professional Services IT Final 8/15/2022 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 October 3rd, 2024. - COMPLETED 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 October 3rd, 2024. - COMPLETED 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 April 3rd, 2024. - COMPLETED 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, print, and distribute and share print material designs for physical outreach materials to relevant organizations across the Region. 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. Print materials will be finalized no later than April 3rd, 2024 after contract execution. Contractor will complete print material distribution to regional partner organizations no later than March 31st, 2024. Contractor will retain a reserve budget to support additional material distribution between April 1st, 2025 and the completion of the contract period. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 14 Eagle County Professional Services IT Final 8/15/2022 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 recommendations 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 April 3rd, 2024. Information regarding identified resources (including, but not limited to: challenges/gaps in resources, availability of services, etc) to be included. - COMPLETED 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 April 3rd, 2024. - COMPLETED 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 throughout the contract period. 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” By January 3rd, 2024 - COMPLETED 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 By October 3rd, 2024 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 15 Eagle County Professional Services IT Final 8/15/2022 success in depth of the outreach materials and approach. 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. By October 3rd, 2024 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. By October 3rd, 2024, continuing throughout contract period 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 Anti-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 $95 hourly We provide impactful nonprofits like the Council our standard non-profit rate of $95 per hour. $95 hourly $95 hourly Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 16 Eagle County Professional Services IT Final 8/15/2022 rate 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 Implementation $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 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 17 Eagle County Professional Services IT Final 8/15/2022 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. $1,000 $6,000 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 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 18 Eagle County Professional Services IT Final 8/15/2022 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 $67,500 Printing Costs per 07/24 Addition $6,100 English and Spanish language posters and brochures, to be distributed across Region 5 to stakeholders in all 5 counties. $4,100 $2,000 reserve for additional materials and requests Labor for Printing Addition $11,400 Labor for printing request; coordination with regional partners, printing and assembly, tracking, evaluation, and follow up $11,400 Materials and Mailing Costs for Printing Addition $600 Folders and postage for distributing print materials $600 Additional Community Engagement Labor $2,850 Labor costs for coordinating, scheduling, interviewing, synthesizing information, and reporting on Additional Community Engagement deliverable $2,850 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 19 Eagle County Professional Services IT Final 8/15/2022 Community Engagement Participant Incentives $1,000 Incentives for up to 10 Spanish-speaking community members to participate in additional community engagement at a rate of $100/hour $1,000 Total Investment, Years 1 & 2 $316,890 $166,170 $150,720 VIII. Project Timeline: The following schedule is for a campaign that began 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 (October 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 (November 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 (December 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 ((January 2024 - March 2024) - 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. Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 20 Eagle County Professional Services IT Final 8/15/2022 - Monitor website and landing page traffic - Create initial report for the first three months of the campaign Months 7-9 (April 2024-June 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 (July 2024 - August 2024) - 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 (September 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 (October 2024 - December 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 - Engage with up to ten native Spanish speaking residents in Region 5 to refine cultural relevance of campaign content Phase 4: Ongoing Content Deployment Months 16-23 (January 2025 - August 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 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 21 Eagle County Professional Services IT Final 8/15/2022 the campaign - Focus remaining budget on our most effective content and advertisements, providing for a strong finish - Lead distribution of print materials to community organizations across the region Phase 5: End of Campaign Month 24 (September 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 Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D 22 Eagle County Professional Services IT Final 8/15/2022 EXHIBIT B INSURANCE CERTIFICATE Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D Berkshire Hathaway Direct Insurance Company 10391 07/18/2024 Effct LLC 1630 Welton St Denver, CO 80202- Effct LLC Effct.org 1630 Welton St Denver, CO 80202 BIBERK P.O. Box 113247 Stamford, CT 06911 A Professional Liability (Errors & Omissions): Claims-Made N9PL259478 Per Occurrence/ Aggregate03/17/202503/17/2024 $1,000,000/ $1,000,000 203-654-3613844-472-0967 customerservice@biBERK.com Additional Named Insured:Effct.org Docusign Envelope ID: 774DF458-9D20-4D78-87CD-A499C819A89D