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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 i — %bilk (7.7(7.11 : ( Nancy :41k s,Mayor Date Andy Coe,,FsTincipal Date ' I 127. Approved as to form: Federal Tax ID Number 1WINA1/4-- Kendra Comeau, City Attorney CONConvergent Nonprofit Solutions — Fundralsioo Webincir 2:)20 EXHIBIT A SCOPE OF SERVICE COVER SHEET COA/Convergent Nonprofit Solutions — Fundraising Webinar Contract 2020 ‘ -4,-4-4i-4--..:' , -:',.';',.-•5-_--,'-_,..,„ ,,•,,, .._,,,,.". "---7,s4,-I'.79.::„..k,'!,f t''... W ,',Zit.;," -' 'Y'110-a'r .,,, ' %-1,..*:=IkIrt -AgelitItt:W.217-N4410 -.-'7011' -:',-,- EXHIBIT A ,W,t A%-,Pri•Nadit144r,",17..,.*, ,,,,,p. --6.-70K,,,, -1'.00TIWI;IX4-44t. i, ' -;',*i4 14".47'31L4') r; ,, r -...-„,,,,,X, 4",--;"*let '-' 4.:4.COnVerSea nt NONPROFIT SOLUTIONS Better Fundraising. Better Results. (-- ...,..) ' Next ,„,...,....... Move Group We Are Jobs r------ Webinar & Consulting Proposal Prepared for: 1,,,, -,,,,g, CITY OF * * AUBURN '- •s:7.°:.+1.w*-4-,:i[fiir4.1....- '..11,4.7.1 ' 04,"04!1-1-41 4 N 4744- '.-..• ...,„.„2,. -7-1 , 4k,---n,,,l-, ,,:: --,.,, WASHINGTON 4 ',:1'e‘4,",,' '' ;"" "r * •".."0- ,' r4 '''''''',1, '-% •Z-,......'-',vs-W.,-4 i' r" • ...' „. .1, -..•,0 -„,:tvr_*--4, ,„ „, .., - , -44.,,,,,,,,,,,t--- •-.,.,wk,,,„v4.rip, 499' Auburn, Washington, October 2020 if., p.l 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. CI 1 itet v 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. r .. '''''ILteS,s1 )- ,tr.ii . 1%, ,,.... 7 ~qr =k ;. 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 e;;;:.e.,?#4 A $ " ' 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 ti. >' 8, i 4° t o k S qm At T 0/ t 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 4 • #4 IV # ' 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 '''',,..,t . t ' )et lit . ER 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 - tr* iiii,II, ‘ a a—t": § .. .: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