HomeMy WebLinkAboutTHE NORTH GROUP - CONTRACT - CONTRACT - THE NORTH GROUP SERVICES AGREEMENTA mi Arative Services
Purchasing Division
City of Fort Collins
To: John Fischbach, City Manager
Wanda Krajicek, City Clerk
From: James B. O'Neill II, CPPO
Director of Purchasing & Risk
Date: March 19, 2001
Re: The North Group Inc., Services Agreement
Attached find four (4) sets of contract documents regarding the above -mentioned matter.
The bidder received the award through the raerrnl-�i
John, please sign the contract documents and forward them to the City Clerk.
Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his
signature. Would you call Purchasing when that is completed.
Thank you.
256 W Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and THE NORTH GROUP INC., hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services. This Agreement shall
commence upon the date of execution shown on the signature page of this Agreement shall be
completed no later than June 30, 2001. Any extensions of the time limit set forth above must be
agreed upon in a writing signed by the parties.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Service Provider:
James B. O'Neill Il, CPPO Alice H. North, President
Director of Purchasing & Risk Management THE NORTH GROUP INC.
City of Fort Collins 2250 Broadway #20B
P.O. Box 580 New York, NY 10024
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, a fixed fee in the amount of Fifty-four Thousand Dollars ($54,000) plus reimbursable
direct costs, as set forth in Exhibit B, attached hereto, consisting of two (2) pages, and
incorporated herein by this reference. All such fees and costs shall not exceed Sixty Thousand
Dollars ($60,000.00).
6. City Representative. The City will designate, prior to commencement of the work,
its representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
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the services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting parry
shall be allowed a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting parry commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred
because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. Indemnity. a. The Service Provider agrees to indemnify and save harmless the City,
its officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising solely out of, result from or occurring in connection with the
negligent performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
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incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Confidentiality. Service Provider acknowledges and agrees that all information
obtained by Service Provider in connection with its performance of services hereunder shall be
considered the property of the City, and no such information shall be disclosed to third parties or
otherwise used by Service Provider except in the performance of services hereunder without the
express written permission of the City. It is the intent and expectation of the parties that
confidential personal information received from interviewees by Service Provider shall not be
provided to the City, except in a form that protects the identity of the individual interviewees. If
Service Provider fails to comply with this provision through the negligent acts or omissions of
Service Provider. such failure shall constitute a default hereunder.
THE CITYQF FORT COLLINS, COLORADO
By:
Manager
BY: U- -X
James 0. O'Neill, II, CPPO
Directot rd Purchasing and Risk Management
Date:
APPROVED AS TO FORM:
'i
Assistant City Attorri THE RTH R UP n
By:
Alice H. North, President
Date: 22, ;?LC
ATTEST:
CORP TE SECRETARY �2
Exhibit A
Scope of Work
The goal is to produce a thorough and helpful report, and, through the feasibility study process, to
enhance the City's capacity to raise money for the new center by:
• Involving key community leaders,
• Organizing and presenting the case for the new performing arts center in a strong and
compelling manner,
• Cultivating major potential donors by asking for their opinions and ideas, and
• Giving you and your volunteers the strategies and tools needed to complete a campaign
successfully.
What follows is a step-by-step outline of the process we propose for successfully completing the
feasibility study. This outline can be modified in any way that the City believes is necessary to best
meet the City's needs as it develop plans for the center.
The North Group Inc. understands the necessity of working cooperatively with the library and
museum groups. Representatives of The North Group Inc. will meet, at some point, with all three
groups to discuss coordination of efforts.
March 19 —April 6, 2001 preparation for the feasibility study
• The City will work with The North Group Inc by email, fax, and phone to:
1. Finalize what fundraising needs are to be included in the campaign in addition to construction —
endowment? operating needs? equipment?
2. Create the computer -generated, multi -page, color, flip -book case for giving which will outline
the story of Lincoln Center and how the cultural needs of the citizens of Fort Collins have
outgrown the current center's physical plant.
3. Alice North will take the lead on creating the presentation/interview book for the City, but she
will need words and graphics from the City to create the pages. Pages will focus on:
• Lincoln Center's history and impact on the city of Fort Collins,
• Lincoln Center's current programs and services,
• the need to construct a new downtown performing arts center,
• conceptual site plan and rendering of the proposed performing arts center,
• programs and services that will be made possible by building a new center,
• how the city and citizens will benefit,
► timetable for planningtfundraising and construction,
► 5 years of financial projections — capital and operating,
► gift range table, and
City of Fort Collins —January 19, 2001
► sample named gift opportunities.
4. Create a Feasibility Study Oversight Committee of key community leaders, and invite the
members to monitor the feasibility study process and help identify appropriate interviewees. This
Committee will meet twice —first to review the "case" to be presented in the confidential interviews
and, second, to hear the final report. North will provide a committee job description and a letter
inviting the leaders to join the committee.
5. Prepare for the confidential interviews for the feasibility study by:
0 compiling an annotated list of 50-60 key leaders who should be interviewed — including
representatives of businesses, foundations, and governments. Each potential interviewee
should be capable of giving or accessing a leadership gift of at least $50,000. Be certain to
include the members of the Oversight Committee.
0 producing the personalized letters to ask for the interviews (we will provide a draft of the
letter),
0 following up by telephone to make appointments with 35 to 50 of these leaders, and
0 preparing the daily schedules, travel instructions, and information on each interviewee.
6. Determine the staff support needed during the interview- and report -preparation
process.
7. Create the interview questions (The North Group Inc. will draft these questions for City
edits).
April 2001 on -site interviews
1. During the weeks of April 9 and April 16, 2001, Halsey North and Alice North will be working on -
site in Fort Collins to:
2. Meet with the Feasibility Study Oversight Committee to talk about the presentation/interview
book and questions and ask for suggestions to clarify the message and content — as
background for doing the interviews, and
3. Conduct the in-depth, one-on-one, confidential interviews with 35 to 50 key leaders capable of
giving or accessing a leadership gift of at least $50,000, including members of the Feasibility
Study Oversight Committee. The purpose of each interview is:
a To impart to these leaders information regarding the plans for the new downtown
performing arts center and its funding needs, and
b To obtain from those interviewed a collective set of responses and
recommendations, concerning:
1. Whether they believe in the importance of building a new performing arts
center and expanding the cultural opportunities available in Fort Collins,
2. Whether they have confidence in the plans, volunteers, and city staff,
City of Fort Collins — January 19, 2001
3. Whether there are a sufficient number of prospective donors capable and
willing to give major gifts to a capital campaign, and
4. Whether there are specific top leaders who are capable, available, and
willing to commit the time and energy needed to make the campaign a
success.
It will be a condition of each interview that we will not attribute to specific individuals any responses
or comments in the report or any other way.
Writing and presenting the feasibility study report
Upon completion of the interviews, The North Group Inc. will work to draft the report, which will
outline:
a the findings,
b the level at which a campaign could be successful and/or the additional cultivation
needed for major gift prospects before such a campaign can begin,
c specific campaign strategies and recommendations, including what may be needed
to strengthen the fundraising efforts for the new center and the optimum timing and
phases of the campaign,
d campaign structure and timing,
e cultivation opportunities, and
f the staffing, volunteer leadership, and other resources needed to implement the
campaign successfully.
All specific responses will be confidential, but the report will:
summarize and analyze the responses to each question asked during the interviews, and
give the City a sampling of unattributed, actual responses from the potential donors
concerning their perceptions of the new center and its needs as well as their willingness to
work on the campaign, their willingness to give, and at what level.
During the intensive time when The North Group Inc. is writing the report, The North Group Inc. will
send pages to the City (and others, as appropriate) to review and make certain that what The North
Group Inc. is writing is clear, accurate, and helpful.
The North Group Inc. will provide a final report suitable for copying and binding, and The North
Group Inc. will meet with the Feasibility Study Oversight Committee to present the report, answer
questions, and work to secure consensus on the next steps to prepare for and, if appropriate,
implement a major campaign.
City of Fort Collins —January 19, 2001
Exhibit B
Cost and payment schedule
The North Group Inc. fee is $2,000 per day plus out-of-pocket expenses for the services of Halsey
North and/or Alice North. The fee includes preparation, travel, on -site, and follow-up time.
What follows is an outline of the time and fees to accomplish the work described in this letter:
The North Group Inc. involvement
# of
Fee
Preparatory work, including development of the presentation/ interview
Days
book, invitation letters, committee job description, organization of
8
$16,000
interviews, etc.
Meeting with Oversight Committee and conducting confidential
10
20,000
interviews
Writing report
7
14,000
Presenting report to your department and the Oversight Committee
2
4,000
Totals
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$54,000
In addition to the fees, we ask that you pay all direct out-of-pocket expenses for travel, food,
lodging, faxes, phone calls, FedEx, postage, copying, etc. We will bill you only forthe actual out-of-
pocket expenses we incur, and it is our intent to complete this visit with fewer expenses than
estimated below. As of today, The North Group Inc. estimates the expenses would be:
Assumed Trips # of Ovemights
To conduct confidential interviews:
April 9-13, 2001 4
April 16-20, 2001 4
To present the final report (May/June) 1
• Airfare: 5 round trips @439 (quoted by United 1/19/01)
$2,195
• Ground travel: Tolls and taxis
150
• Car rental (assumes 2 weeks $234 + 2 days @ $75)
618
• Gas
100
• Hotel: Assumes 9 + 4 nights @ $100
1,300
• Meals: 2 people @ $45 x 10 days + 1 person @ $45 x 2 days
990
• Other: Fax, postage, phone, FedEx, copying, tips, etc.
225
$5,578
Total fee and estimated expenses
The North Group Inc. will bill the City for expenses on a monthly basis, and The North Group Inc
asks that the City pay the fee in four installments:
$ 13,500
with a signed copy of this agreement on or before March 30, 2001,
$ 13,500
on or before the first day of the first week of interviews,
$ 13,500
on or before the first day of the second week of interviews,
$ 13,500
upon delivery to the City of the final report for copying.
Please make all checks payable to "The North Group Inc." Federal Tax ID #13-3406141. 1