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HomeMy WebLinkAbout392283 THE MILLER GROUP - CONTRACT - RFP - P1021 FUNDRAISING CONSULTANT FOR LINCOLN CENTERPROFESSIONAL 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 Miller Group Worldwide LLC, hereinafter referred to as "Professional'. 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence July 1, 2006, and shall continue in full force and effect until April 1 2008, unless sooner terminated as herein provided. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. 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 Professional. 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. • Provide counsel regarding the cultivation, solicitation, and stewardship plan for each prospect; • Assist with the planning of key cultivation and/or social events; • Participate (as requested) in key solicitation calls for individuals, corporations, and foundations in the leadership phases of giving; • Participate in conceptualizing, writing, executing, and overseeing all marketing, cultivation, and promotional activities of the campaign; and • Provide creative and conceptual assistance in the preparation of project collateral materials (printed materials, video, etc.). EXHIBIT "B" WORK SCHEDULE July 2006 - April 2008 (Assumes agreement is reached by)une 30, 2006) Subject to discussion and negotiation July 2006 August - September 2006 By September 30, 2006 Conduct Information Gathering Session/s Conceptualize Project & Formulate Case Statement Conduct preliminary "Philanthropic Market Analysis Study' work ■ Develop list of interviewees (Lincoln Center with MCW input as needed) ■ Send out letters and arrange interviews (Lincoln Center) Conduct "Philanthropic Market Analysis Study" Interviews Develop & Present "Campaign & Development Office Plan" Present "Philanthropic Market Analysis Study' Findings Refine Case Statement October 2006 - Ongoing Campaign Counsel April 2008 (Assumes silent phase of campaign starts in November, 2006) EXHIBIT "C" FEE SCHEDULE The Miller Group would like to partner with the City of Fort Collins to the extent possible throughout the campaign process, however, the following is open to discussion based on the organization's desires and resources. Phase I: Philanthropic MarketAna/ysis Study • Gain an understanding of the organization's operations, needs, $ 28,000. and desires, including the review of previous study findings • Conceptualize the overall project • Formulate a Case Statement that can be used during the Philanthropic Market Analysis study • Conduct up to thirty-five (35) in -person interviews with individuals and foundations • Conduct two (2) focus groups with community members or other groups of the organization's choosing • Present Executive Summary (PowerPoint presentation) • Provide a detailed findings report which includes calculated study results, anonymous interviewee quotes, total capacity identified, suggested campaign goal, prospective volunteers & donors, and various additional elements. Phase II: Campaign & Development Office Plan • Formulate a plan including elements such as a revised case $ 8,000. statement, suggested organizational structures, job position descriptions, gift chart/s, operating budget, timeline, and additional elements based on the organization's unique needs. Phase III: Campaign Counsel Fees for Phase III would be determined and dependent upon the extent of services requested (i.e. on -site resident campaign counsel vs. number of predetermined periodic consulting days per week, or per month, with staff and volunteers). Fees range from $1,200 - $2,000 per day, depending on the number of days, seniority and expertise of staff required, or a flat fee of between $6,000 - $12,000 per month depending on monthly days of service required. MGW Consultant Rates Hourly %z Day (4 hrs.) Full Day (8 hrs.) Jack Miller $250 $1,000 $2,000 Principal Consultant Brenda Fry $1 50 $600 $1,200 Senior Executive Consultant Jill Shelton $150 $600 $1,200 Senior Executive Consultant Additional Days of Counsel: Additional days of counsel can be negotiated at a daily rate of $1,200 - $2,000 depending on consultant, plus expenses. Professional Fees: Professional fees are billed monthly. All invoices are due and payable as services are rendered and according to a schedule as outlined in the consulting agreement. Reimbursable Expenses: Reimbursement for reasonable and necessary expenses incurred during the course of conducting the project work. Qualifying expenses shall include, but not be limited to, all normal business travel including lodging, taxi, car rental, gas, and parking, as well as business administrative expenses such as duplicating, postage, telephone service (long-distance and digital), office supplies, Federal Express or other overnight courier service. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Miller Group Worldwide LLC City of Fort Collins , Lincoln Ctr City of Fort Collins, Purchasing Attn: Jack Miller Attn: Evan Hyatt PO Box 580 303 W. Prospect Rd. 417 W. Magnolia St. Fort Collins, CO 80522 Fort Collins, CO 80526 Fort Collins, CO 80521 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000,00. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance to the Fee Schedule attached hereto as Exhibit "C" consisting of two (2) pages, and incorporated herein by this reference, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirty Six Thousand Dollars ($36,000). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is 'required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. 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. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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 party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. 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. THE CITY OF FORT COLLINS, COLORADO By: q-� V r � J m s B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management DATE: ,- t 6 Miller Group Worldwide LLC ZNWdWJ'"SWUIII /I1N Title: / 11(sif,1 I Toib CORP/ORATE R E$IDENT R VICE ATTEST: (Corporate Seal) Corporate Sec etary EXHIBIT "A" Scope of Work RFP Item 3.7 See Phases I and II RFP Item 3.2 See Phase I RFP Item 3.3 Results from Phase I will include a list of major gift prospects Also see Phases II and III RFP Item 3.4 See Phase III RFP Item 3.5 See Phase III Phase /.• Philanthropic Market Ana/vsis Stud The Miller Group proposes to commence the consulting relationship by facilitating an information gathering session with an executive committee or small group of key leaders to understand the Lincoln Center's structure, operations, needs, and desires. The Miller Group would then work with the staff to conceptualize the overall project and, from that conceptualization, formulate a Case Statement that describes the need for support, proposed campaign details, and other key elements. This draft case statement would be used during the philanthropic market analysis study. Results • Understand the Lincoln Center and its desires for the future • Conceptualize the general Lincoln Center Addition & Renovation Project • Formulate a Case Statement to be used during the philanthropic market analysis study The Miller Group would then conduct an "abbreviated" philanthropic market analysis study (commonly referred to as a feasibility study). We recognize the Lincoln Center completed a Feasibility Study in recent years; however, we recommend revisiting this process to update the findings based on current circumstances. During the study, The Miller Group will research the requisite elements for the Lincoln Center's readiness to organize and implement a campaign as well as motivate and inform key prospects and volunteers for participation in the campaign. The Miller Group proposes to conduct up to 35 personal interviews and two focus groups to assess the image and reputation, test the case for support, determine prospective major donors, establish volunteer leadership potential, and evaluate timing and sequence. These interviews can be conducted with individuals, foundations, and/or corporations based on the organization's desires. Methodology The Miller Group will conduct a series of confidential interviews with potential donors and thought leaders affiliated with the Lincoln Center and the arts in northern Colorado. Among those interviewed should be: ✓ Potential Major Gift Donors on a large-scale level, including individuals, corporations, and foundations as applicable; ✓ Centers of Influence - individuals with a strong capability, knowledge, or access to others who can give; and ✓ Protocol/Etiquette - individuals who may bring information pertaining to philanthropic opportunities on a local, regional, and national basis. Steps: 1. A draft case statement outlining the proposed campaign will be created by The Miller Group in conjunction with the Lincoln Center. 2. A pre -appointment interview request letter is drafted by MGW. After final editing and approval by the executive leadership of the Lincoln Center, it is sent by the organization on its letterhead, signed by the appropriate leader. A copy of the draft case statement is enclosed with the letter as a pre -read for the interview. 3. A chosen representative from the Lincoln Center is responsible for coordinating, scheduling, and confirming interview appointments based on the schedule provided by MGW. 4. A confidential forty-five to sixty minute, one-on-one interview is conducted by a member of the MGW team, eitherJack Miller, Managing Director and Principal Consultant; Brenda Fry, Senior Executive Consultant; or Jill Shelton, Senior Executive Consultant. Jack Miller will conduct at least 50% of the total number of interviews. Results The Philanthropic Market Analysis results in a PowerPoint presentation and a final written report that provides findings and recommendations for the strategic implementation of a sound campaign. Among the topics addressed are: • The current image and reputation of the organization. This includes strengths, weaknesses, and perceived effectiveness among other elements. • Strength and efficacy of the case forsupportfor funding a campaign, including an examination of whether the case is compelling and well - understood. • Identification and education of potential major donors, including preliminary lead six- and seven -figure gift prospects for the campaign, along with gift tables relevant to the goal and amounts of gifts at each level required to successfully complete the goal. • The identification of key voiunteerieadership availability and willingness to lead and participate in the campaign on a local and regional campaign structure. • Suggested timing and economic considerations of the campaign, including other campaigns or causes that may compete with the proposed campaign based on interviewee perceptions. • Summary overview and recommendations for a successful campaign including details on campaign strategies, tactics, and plan of action. Phase //-- Campaign & Development Office Plan Based on the results of the preceding Philanthropic Market Analysis Study, The Miller Group would proceed to develop a Campaign Plan for the Lincoln Center in Phase II. The plan will provide a "blueprint" for all elements of a successful campaign. Results The Campaign & Development Office Plan includes, but is not limited to, the following: • Updated Case Statement (Revised based on questions & feedback gathered during the study) • Organization/Structure and Development Office Recommendations (Includes structure, staffing, roles & responsibilities, and job descriptions) • Campaign Timeline (Includes timing, sequence, and milestones for key activities) • Suggested Campaign Organizational Structure (Includes staff, volunteers, and campaign committees) • Recommended Campaign Operating Budget Phase ///.- Ongoing Campaign Counsel The role of The Miller Group during the campaign would be to participate with the Lincoln Center leadership team to recruit, draft, cultivate, advocate, manage, design, assist and advise in ALL areas of the campaign as requested and contracted. Specifically, The Miller Group would conduct activities such as: • Assist with recruiting for key leadership positions such as Campaign Chair or Co -Chairs, Campaign Steering Committee, and/or Campaign Cabinet;