HomeMy WebLinkAboutAgreement for Services with Convergent Nonprofit Solutions - Fund Raising Webinar Services CITY OF AUBURN AGREEMENT FOR SERVICES
Fund Raising Webinar Services
THIS AGREEMENT made and entered into on this 14 day of DC't oey , 2020, by and
between the City of Auburn, a municipal corporation of the State of Washington, hereinafter
referred to as "City" and Convergent Nonprofit Solutions, 2451 Cumberland Pkwy. Ste. 3679,
Atlanta, GA 30339 hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the effects of the norovirus COVID-19 have had a substantial negative impact
on the City's economy, resulting in lost jobs, wages, and tax revenue and,
WHEREAS, maintaining revenue streams for the non-profit sector has become
increasingly difficult during the pandemic; and,
WHEREAS, the non-profit sector provides a large number of jobs and economic impact
to the Auburn community; and,
WHEREAS, for the health and benefit of the community the City desires to contract for
services that will help non-profit organizations maintain revenue through improving
fundraising efforts and techniques; and
WHEREAS, the Provider is qualified and able to provide services in connection with the
City's needs for the above-described work, and is willing and agreeable to provide such services
upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks described on
Exhibit A which is attached hereto and by this reference made a part of this Agreement.
(The tasks described on Exhibit A shall be individually referred to as a"task," and
collectively referred to as the"services.") The Provider shall be responsible to provide work
products and services of a quality and professional standard acceptable to the City.
2. Additional Services
In the event additional services with respect to related work are required beyond those
specified in the Scope of Work, and not included in the compensation listed in this
Agreement, a contract amendment shall be set forth in writing and shall be executed by the
respective parties prior to the Provider's performance of the services thereunder. Upon
proper completion and execution of an Amendment (agreement for additional services),
such Amendment shall be incorporated into this Agreement and shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as originally
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
executed. The performance of services pursuant to an Amendment shall be subject to the
terms and conditions of this Agreement except where the Amendment provides to the
contrary, in which case the terms and conditions of any such Amendment shall control.
3. Intentionally Deleted
4. Provider's Representations
The Provider hereby represents and warrants that the Provider has all necessary licenses
and certifications to perform the services provided for herein, and is qualified to perform
such services.
5. City's Responsibilities
The City shall do the following in a timely manner so as not to delay the services of the
Provider:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit instructions,
receive information, interpret and define the City's policies and decisions with respect to
the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and standards
for the project and the services provided for herein.
6. Termination
The City may terminate this Agreement upon seven (7) days' written notice; provided that
Contractors shall be compensated for services provided through the termination date at the
rate described in section 2 and Exhibit B.
7. Compensation
As compensation for the Provider's performance of the services provided for herein, the
City shall pay the Provider the fees and costs specified on Exhibit B which is attached
hereto and by this reference made a part of this Agreement (or as specified in an
Amendment). The Provider shall submit to the City an invoice or statement upon completion
of each deliverable that is shown on Exhibit B for the amount shown on that exhibit. Upon
acceptance of the invoice or statement, the City shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall remit
payment to the Provider thereafter in the normal course, subject to any conditions or
provisions in this Agreement or Amendment. The City agrees to pay a late penalty of 1% of
the outstanding balance sixty days after the date of the invoice.
The maximum amount of the compensation, excluding any penalties, shall be
$11,000.00. Provider agrees that this is its sole compensation inclusive of all expenses and
that it has the sole obligation to pay any third party vendors in connection with the products
or services delivered under this Agreement.
8. Time for Performance and Term of Aareement
The agreement shall commence on the later date of the Parties' execution of this
Agreement, as reflected on the signature page., The agreement shall remain in force until
COA/Convergent Nonprofit Solutions — Fundraising Webinar Contract 2020
completion of the scope of work, as described in Exhibit A, or the agreement is otherwise
terminated according to this agreement. The term of this agreement shall terminate no later
than 30th day of November, 2020 unless otherwise modified in writing.
9. Ownership and Use of Work Products
All information, analyses, profiles, leads and any other materials created, prepared, shared
or otherwise delivered by the Provider as part of their performance of this Agreement (the
"Work Products") shall be owned by and become the property of the City, and may be used
by the City for any purpose beneficial to the City. The Provider acknowledges that the
Agreement and documents provided in connection with this Agreement become a public
record and, unless the information is declared by Law to be confidential or is otherwise
excluded from the public records disclosure requirements, may be subject to inspection and
copying. The Provider agrees to cooperate with the City to identify and copy any records in
the Provider's possession that are responsive, as determined by the City in its sole
discretion, to a Public Records Act request received by the City.
10. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of accounts
pertaining to any work performed under this Agreement shall be subject to inspection and
audit by the City for a period of up to three (3) years from the final payment for work
performed under this Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year
period, all records and books of accounts pertaining to any work performed under this
Agreement shall be retained until all litigation, claims, disputes, or audits have been finally
resolved.
11. Continuation of Performance
If any dispute or conflict arises between the parties while this Contract is in effect, the
Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to
make a good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities.
12. Administration of Aareement
This Agreement shall be administered by the Economic Development Manager, or
designee, on behalf of the City. Any written notices required by the terms of this Agreement
shall be served on or mailed to the following addresses:
City of Auburn Converaent
Doug Lein Andy Coe,
Economic Development Manager 2451 Cumberland Pkwy, Ste. 3679
25 W Main St Atlanta, GA 30339
Auburn, WA 98001-4998 Phone: 919.518.3223
Phone: 253-804-3101 E-mail: acoe@convergentnonprofit.com
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
13. Notices
All notices or communications permitted or required to be given under this Agreement shall
be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above. If addressed to a person not a party to this Agreement, the notice
shall be sent, in the foregoing manner, to the address designated by a party to this
Agreement.
Either party may change its address by giving notice in writing, stating his, her or its new
address, to the other party, pursuant to the procedure set forth above.
14. Insurance
The Provider shall procure and maintain for the duration of this Agreement, at its sole
expense, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the Provider, or
the Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required herein shall not be construed to limit the
liability of the Provider to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
The Service Provider shall obtain insurance of the types described below:
a. Commercial General Liability insurance shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured contract.
The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City. Commercial
General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
b. Professional Liability (errors & omission) insurance appropriate to Provider's profession
with limits no less than $1,000,000 per claim and $1,000,000 aggregate.
c. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles.
Coverage will be written onat least as broad as Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. Provider will maintain
automobile insurance with minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
The Provider's insurance coverage shall be primary insurance as respects the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be
excess of the Provider's insurance and shall not contribute with it.
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
If a policy expires during the term of this Agreement, a renewal certificate must be sent to
the City fifteen (15) days prior to the policy's expiration date. Failure by the Provider to
maintain the insurance as required will constitute a material breach of this agreement, upon
which the City may, after giving five (5) business days' notice to the Provider to correct the
breach, immediately terminate the agreement or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the City's sole discretion, offset against
funds due the Provider.
Provider shall furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Provider before commencement of the work.
The City reserves the right to require that complete, certified copies of all required
insurance policies be submitted to the City at any time.
15. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, the Provider
shall defend, indemnify and hold the City and its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits, of every
kind, including attorney fees and litigation expenses, arising out of or in connection with any
alleged act, omission, professional error, fault, mistake, or negligence of the Provider, its
employees, agents, representatives, or subcontractors, including employees, agents, or
representatives of its sub-contractors, taken in the performance of this Agreement, or
arising out of worker's compensation claims, unemployment compensation claims, or
unemployment disability compensation claims.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
Provider specifically indemnifies the City against all expenses, liabilities, costs, settlements
or judgments, including attorney fees, in connection with any infringement of patent,
copyrights, or other intellectual property rights arising from its performance of this
agreement.
16. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party hereto. No assignment or transfer of
any interest under this Agreement shall release the assignor from any liability or obligation
under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
17. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the
presence of any sensory, mental or physical handicap.
18. Amendment. Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be
bound, or such party's or parties' duly authorized representative(s) and specifying with
particularity the nature and extent of such amendment, modification or waiver. Any waiver
by any party of any default of the other party shall not affect or impair any right arising from
any subsequent default. Nothing herein shall limit the remedies or rights of the parties
hereto under and pursuant to this Agreement.
19. Independent Contractor Status
The Contractors shall perform the services described in Section 2 as independent
contractors and shall not be deemed, by virtue of this Agreement and the performance
thereof, to have entered into any partnership, joint venture, employment or other
relationship with the City.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for herein
shall inure to and bind, the parties hereto and their respective successors and assigns,
provided that this section shall not be deemed to permit any transfer or assignment
otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the
parties hereto and it does not create a contractual relationship with or exist for the benefit of
any third party, including contractors, sub-contractors and their sureties.
21. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any action
hereunder shall be in of the county in Washington State in which the property or project is
located, and if not site specific, then in King County, Washington; provided, however, that it
is agreed and understood that any applicable statute of limitation shall commence no later
than the substantial completion by the Provider of the services.
22. Captions. Headinas and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and shall not constitute a part of this Agreement or act as
a limitation of the scope of the particular paragraph or sections to which they apply. As used
herein, where appropriate, the singular shall include the plural and vice versa and
masculine, feminine and neuter expressions shall be interchangeable. Interpretation or
construction of this Agreement shall not be affected by any determination as to who is the
drafter of this Agreement, this Agreement having been drafted by mutual agreement of the
parties.
23. Severable Provisions
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this Agreement.
24. Entire Agreement
This Agreement, together with any subsequent amendments or addendums, contains the
entire understanding of the parties hereto in respect to the transactions contemplated
hereby and supersedes all prior agreements and understandings between the parties with
respect to such subject matter. No other understandings, oral or otherwise, regarding this
Agreement shall exist or bind any of the parties.
25. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of
funds appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then the City may terminate
this Agreement at the end of the period for which funds are available, without the notice
provided by Section 6.
No liability shall accrue to the City in the event this provision is exercised, and the City shall
not be obligated or liable for any future payments or damages as a result of termination
under this Section.
[SIGNATURES ON THE FOLLOWING PAGE]
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above,
CITY OF AUBURN CONVERGENT NONPROFIT SOLUTIONS
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Kendra Comeau, City Attorney
CONConvergent Nonprofit Solutions — Fundralsioo Webincir 2:)20
EXHIBIT A
SCOPE OF SERVICE COVER SHEET
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Firm Overview E
Convergent is a national fundraising consulting firm comprised of dozens of the most experienced _, `y
nonprofit experts in the country. We specialize in identifying Asking Rights'"^, conducting annual
campaigns,and managing feasibility studies and capital campaigns for nonprofit organizations across the
United States.
OUR CORE VALUES
Do the Right Go Above
Thing and Beyond
We always adhere to the We do whatever it takes
highest professional and to give excellent service,
ethical standards and never produce extraordinary results,
compromise our reputation. and delight our clients.
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Find the n. Put People
Solution First
We value creativity,innovation, We are passionate as we help We are a people business
initiative,and results. nonprofits re-think fundraising nothing matters more than the
so they can achieve effective people we work with and serve.
outcomes for their stakeholders.
PRIMARY CONTACT
Andy Coe, Principal
2451 Cumberland Pkwy., Ste. 3679
Atlanta, GA 3033
919.518.3223 I ACoe@ConvergentNonprofit.com
www.ConvergentNonprofit.com
CONVERGENT NONPROFIT SOLUTIONS 12
I
MEET THE CONVERGENT TEAM
Our organization is comprised of some of the best, brightest, and most passionate fundraising experts in .:.,:ti:' ,,,..-'. ,
the industry. Included are former attorneys, economists, professors, corporate CEOs, nonprofit -
executive directors, public officials, and other highly accomplished individuals. Our deep and diverse
resources and talent provide incredible value to each client with which we work.
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BRIAN ARERNATHY OESORAH ANDERSON 101 APRIL MARCI SARAG MARK BERGETHON ROD BROOKS w MARIACHERK)V$KY
Operations Director Project Director Partner Admin.Assistant Prmcipai CED Project Director
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ANDY COE DOUG CROFT - ROBERT DALTON.r MICHAEL DAVIS.-" ...:JOHNNY DUNCAN NICK GEINOSKY CHERYL HARDY
Principal Senior Project Director Senior Project Director Servo Project Director Human Resources Project Director Partner
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KRISTIN HARPER CARROLL HARRIS DENNIS HINKLE KM NITER BOB KENNEDY RICK KIERNAN RUSSLEACH
Marketing Director Business Den.Coord. Project Director Partner Project Director Principal Senior Project Director
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# ' n - c no ELIZABETH RENNER
KAREN LONG JOHN LONG III ANGELA LYONS CHRIS MARSHALL; NRANNEY LAWRENCE MCKINNEY ANNETTE MEDLIN'
Operations Manager Senior Project Director Controller Project Director Senior Project Director Principal Senior Project Directer
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TONY NOLAN KATHERINE ORTWER EH. HAROLDPINKHAM TOM RAISER PAM BUD a BROOKE RENNET LENROMAND
Senior Project Director Project Director Project Director Pnncrpai Project S,rector Project Director Senior Project Director
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.. .:PAUL SANTIAGO ROGER'WHIT"SHEPARD PEGGY SHRIVER TAMERA TOOGCM CARLOTTA UNGARO GRETA VON}UNrUH MY WERTH
Project Director Senior Project Director Project Director Partner Hurnan Resources Prefect Director Pr nripel
CONVERGENT NONPROFIT SOLUTIONS 13
THE CONVERGENT DIFFERENCE
At Convergent,we believe that people invest in nonprofits due to the outcomes they deliver.The charity
model that many nonprofits have adopted has become less and less effective, as competition for dollars
has become more intense. At Convergent, we do not rely on purely emotional appeals –we focus on
investable outcomes.We want funders to invest in our clients, not simply give them money as a charity.
Our philosophy for nonprofits is reflected in our terminology:
*F We do not solicit donors–we cultivate investors.
*- We do not ask for gifts–we secure investments.
-°*F We do not consider you a charity–we position you as a community asset.
We are the only firm in the country to utilize the Investment-Driven ModelTM and Organizational Value
Proposition®that will help you demonstrate your outcomes and position
AGS r ftr them as investable.Our unique mix of proven fundraising techniques and
C E? w0N0M1cinnovative tools work together to maximize funding and reduce costs.
RSHIP
4G We help to move the funding process from a charity mindset to one of
investment.We present investment-grade analysis in ways that potential
investors can understand. By applying exclusive and proprietary
1 have now had outcome-driven techniques and research-driven processes, our team
the opportunity to consistently achieves exceptional results for our clients.
work with Convergent
in two different
communities. While > Depth, Breadth, and Diversity of Resources
the organizations Convergent's size is an asset. We are small enough that you will be
were different, the dealing regularly and directly with the owners of the firm. But we are
Convergent results large enough—in fact, currently the largest in the economic and
were the same— workforce development funding niche—that we can provide great
successful projects depth, breadth, and diversity of personnel and resources to our clients.
that exceeded Our team of six principals, more than 30 consultants, and a half dozen
expectations!" support staff enables us to utilize specialized skill sets for specific
functions, pool together vast expertise and experience to address
KEVIN SHELLEY
Ocala/Marion County Chamber challenging situations, and ensure client projects don't miss a beat if
&Economic Partnership someone gets sick or needs to be replaced or supplemented for any
(Ocala, FL) reason.
CONVERGENT NONPROFIT SOLUTIONS 14
Two-Part Webinar Series4
SCOPE OF WORK
Convergent will conduct two 90-minute webinars (Part 1: Fundraising 101 and Part 2: Establishing
Asking RightsTM) customized for the nonprofit community in the Auburn, Washington area. The first
webinar will provide an overview of nonprofit fundraising and provide an overview of investor
motivations, delivered by Convergent Principal Andy Coe.
Convergent Principal Tom Raiser will facilitate an Asking RightsTM discussion for the second webinar.Tom
will specifically provide detailed guidance to improve the credibility and outcomes areas to solidify the
foundation necessary to build a successful and sustainable funding stream for nonprofit organizations.
OVERVIEW & IMPLEMENTATION PLAN
In today's economic environment it is more critical
than ever to effectively demonstrate the impact, —_ ; ��
value, and benefit of your work to the businesses, Asking
foundations, government entities, and wealthy Rights
individuals you are asking to invest in that work. More ..trdon,
than any other fundraising firm in the country,
ROI
Convergent places a special emphasis on for
Non rofits
demonstrating potential ROI (return-on-investment) Tom Ralaer P
to its clients' prospective investors.
The ROI approach does not displace other traditional
fundraising techniques, like emotional appeals, peer- ruma'e"'SFA
to-peer influence, and the like. However, it is a
valuable supplement to those approaches. It is an important weapon to have in the arsenal. It never
hurts; it often helps; and it sometimes is truly the silver bullet that makes all the difference.
No one in the country has more experience demonstrating ROI to potential funding sources in a
fundraising campaign context than Tom Raiser, Convergent Principal and Director of Convergent's
Outcomes Lab. Tom pioneered the approach, continues to innovate in the field, and literally wrote the
book(ROl for Nonprofits: The New Key to Sustainability).
This two-part webinar (Part 1: Fundraising 101 and Part 2: Establishing Asking RightsTM) will focus on
the transformational process used to move organizations from a charity mindset to one of sustainable
investment. We will also discuss ways to pivot marketing and fundraising efforts due to COVID-19.
CONVERGENT NONPROFIT SOLUTIONS 15
r Engagement Objectives
Throughout our engagement, Convergent seeks to reaffirm the values, vision, and direction of the City
of Auburn and area nonprofits as well as provide hands-on guidance.
Part 1: Fundraising 101
Participants will be introduced to basic fundraising concepts such as:
it Fundraising campaign process, methodology and timelines
ATE Recruiting the right volunteer leadership
ATE The Case for Investment and how to demonstrate the ROI
';E Process of evaluating prospects
• Establishing campaign structure and funding goal
-ATF Realistic costs of raising money
{TF Overview of the quiet and public phases of campaigns
-4.4 How to fundraise in the COVID-19 climate
Part 2: Establishing Asking RightsTM
Part 2 will focus on earning the right to successfully ask for money, or what we term Asking RightsTM,
including the main ingredients of Credibility, Fundraising Skills, and Outcomes. Topics include:
The Best Practices Approach
The Investor's Perspective
Motivaltions: Emotional vs. Rational
Three Ingredients of Asking Rights: Credibility, Fundraising Skills, Outcomes
Developing Your Asking Rights"'
What Makes You Credible?
Is Your Credibility Based on What Counts?
Developing Outcomes That Are Valued by Investors
The Organizational Value Proposition®
Investable OutcomesTM
Are Your Outcomes Investable?
How to Make Your Outcomes Investable
This section provides an overview of the Organizational Value Proposition®, or OVP.The term describes
the nonprofit equivalent of return on investment (ROI).The OVP is designed to answer tough questions
from potential funders such as these:
)TF Why should I invest in your organization?
4+ What does your organization accomplish?
44 How will I (or my organization) benefit?
CONVERGENT NONPROFIT SOLUTIONS 16
Engagement Fees and Timeline xr u
�rt
TIMELINE
The projected timeline for the webinars outlined in this agreement will take 45-60 days. Our goal is to
conduct the two-part webinar within a week or two of each other starting and ending in November 2020.
Convergent will prepare a customized video clip to help promote each session.
MANAGEMENT FEE & EXPENSES
The fees for the project are as follows:
=TF Introduction to Fundraising Webinar $5,500
s+E Asking Rights/OVPTM Webinar $5,500
TOTAL $11,000
Half of the total fee is due upon signing of this agreement,the balance due prior to the second webinar,
tentatively scheduled for mid-November 2020.
Out-of-pocket travel expenses incurred by Convergent's agents, contractors, or affiliates will be
reimbursed by the client directly to said agents, contractors, or affiliates upon submission of an expense
report and appropriate supporting documentation. Such travel expenses will include necessary travel,
lodging,transportation, and per diem during any on-site travel to and from location at a rate of$55 per
day. Convergent will develop a travel expense budget to be approved by the client before any expenses
are incurred.
Convergent,its agents,contractors,or affiliates will be responsible for staying within the approved travel
expense budget and will provide an expense summary that tracks and accounts for all spending. In-kind
or discounted arrangements for items such as lodging can decrease these expenses considerably. Unless
plans change, there will be no travel expenses incurred since our presentations will be done remotely.
CONVERGENT NONPROFIT SOLUTIONS 17
CONFIDENTIAL INFORMATION
For the purposes of this Agreement, Confidential Information shall mean and collectively include: all
information relating to the business, plans and/or technology of the City of Auburn including, but not
limited to technical information including inventions, methods, plans, processes, specifications,
characteristics, assessments, raw data, records, databases, know-how, experience, and trade secrets;
developmental, marketing, sales, customer, supplier, consulting relationship information, operating,
performance, and cost information; computer programming techniques whether in tangible or
intangible form, and all record-bearing media containing or disclosing the foregoing information and
techniques including,written business plans, patents and patent applications, grant applications, notes,
and memoranda,whether in writing or presented, stored or maintained in or by electronic, magnetic,or
other means.
ADDITIONAL REQUIREMENTS
It is assumed that all efforts, including the webinars and consulting work,will be delivered remotely.The
City of Auburn will be responsible for providing the venue in which to assemble attendees, inviting
attendees, and providing appropriate communication/projection equipment so that assembled
participants can be seen and participate.
GOVERNMENT FEES & TAXES
The City of Auburn will be responsible for paying any governmental fees or taxes related to
implementation of this Agreement that might apply under municipal, county, or state law.
TERMINATION OF AGREEMENT
Either party may cancel this Agreement at any time by providing 30 days written notice. In such an event,
the balance of the contracted fees from the time the 30-day cancellation notice has taken effect until
the original conclusion of the contract will be waived.All monies, in-kind services/goods, and pledges of
both that are secured as of the date of Convergent's departure will remain the property of City of
Auburn.
If the City of Auburn unreasonably refuses Convergent's guidance and counsel or fundamentally deviates
from Convergent's proven process without Convergent's consent, Convergent may consider exercising
its right to terminate this Agreement.
CONVERGENT NONPROFIT SOLUTIONS 18
Webinar & Consulting Agreement
This Agreement is the final and complete expression of all agreements between Convergent Nonprofit "- ,
Solutions, LLC, and the City of Auburn. It may not be changed orally but only by an agreement in writing
signed by each party.
Doug Lein, Economic Development Manager Date
THE CITY OF AUBURN
er -----
10/6/2020
Andy oe, Principal Date
CONVERGENT NONPROFIT SOLUTIONS, LLC
CONVERGENT NONPROFIT SOLUTIONS 19
EXHIBIT B
COMPENSATION
As compensation in consideration of the Providers performance, the City will pay the
Provider fees and costs associated with the tasks identified in this contract.
Compensation for this contract is not to exceed Eleven Thousand Dollars ($11,000.00).
Payment for this contract will be as follows:
• $5,500.00— Upon last date of execution of this contract
• $5,500.00— November, 2020
BUDGET CODE: 001.12.558.100.41
PROJECT STRING: gr2001 —Cat 1
COA/Convergent Nonprofit Solutions— Fundraising Webinar Contract 2020