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
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“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.
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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.
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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
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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:
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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.
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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.
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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;
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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: ____________________________________
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Nick Brown
Co-founder and CEO
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EXHIBIT A
Scope of Work: Terms of Funding, Deliverables, and Deadlines
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.
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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
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Goal II: CAMPAIGN CREATION: Create an adaptable anti-stigma and education marketing
campaign, including graphics and materials available in both English and Spanish with culturally
competent translation.
Objective 1b: Measure baselines of knowledge, attitudes, and beliefs that result in stigma
associated with behavioral health conditions (i.e., substance use and mental health conditions) in
all five counties within Region 5.
Deliverables Deadlines
1. The Contractor will execute the engagement plan
as identified in Goal I, Objectives 1a-3a, with
updates and results shared with the Workgroup
and/or Council.
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
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1. The Contractor will identify prevention and/or
treatment resources specific to each county and
advertise these resources according to geographic
location.
With frequency determined by the
Council. No later than 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.
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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
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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
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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
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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
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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
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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.
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- 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
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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
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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