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HomeMy WebLinkAboutRFP - P1021 FUNDRAISING CONSULTANT FOR LINCOLN CENTERREQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center Citv ofFort Collllls The City of Fort Collins is requesting proposals from fundraising consultants to assist with the development of a capital fundraising campaign for the Lincoln Center, the City's performing and visual arts center. Through the sharing of expertise and instruction, the consultant will assist City staff in developing an organizational structure for the fundraising campaign including staffing and volunteers, provide ongoing input on information and data gathered by City staff related to the fundraising campaign, and be available to City staff as an information source and consultant throughout the campaign. The Lincoln Center is located at 417 W. Magnolia Street, Fort Collins, Colorado. This contract is a one (1) year contract with one (1) optional year to renew. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 2, 2006. Proposal No. P1020. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manage Evan Hyatt, Associate Director of Cultural Services at (970) 416-2817. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcqov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, /dames B. O'Neill II, CPPO, FNIGP 11 Director of Purchasing & Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.feeov.eom 12. 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. 13. 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. 14. 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. 15. 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. 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 WOPSA 05/01 5 Agreement. 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary WOPSA 05101 6 [Optional] EXHIBT at " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. WOPSA 05101 7 Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center City of Fort Collins The City of Fort Collins is requesting proposals from fundraising consultants to assist with the development of a capital fundraising campaign for the Lincoln Center, the City's performing and visual arts center. Through the sharing of expertise and instruction, the consultant will assist City staff in developing an organizational structure for the fundraising campaign including staffing and volunteers, provide ongoing input on information and data gathered by City staff related to the fundraising campaign, and be available to City staff as an information source and consultant throughout the campaign. The Lincoln Center is located at 417 W. Magnolia Street, Fort Collins, Colorado. This contract is a one (1) year contract with one (1) optional year to renew. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 2, 2006. Proposal No. P1020. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manage Evan Hyatt, Associate Director of Cultural Services at (970) 416-2817. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center City of Fort Collins The City of Fort Collins is requesting proposals from fundraising consultants to assist with the development of a capital fundraising campaign for the Lincoln Center, the City's performing and visual arts center. Through the sharing of expertise and instruction, the consultant will assist City staff in developing an organizational structure for the fundraising campaign including staffing and volunteers, provide ongoing input on information and data gathered by City staff related to the fundraising campaign, and be available to City staff as an information source and consultant throughout the campaign. The Lincoln Center is located at 417 W. Magnolia Street, Fort Collins, Colorado. This contract is a one (1) year contract with one (1) optional year to renew. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 2, 2006. Proposal No. P1020. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manage Evan Hyatt, Associate Director of Cultural Services at (970) 416-2817. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center City of Fort Collins The City of Fort Collins is requesting proposals from fundraising consultants to assist with the development of a capital fundraising campaign for the Lincoln Center, the City's performing and visual arts center. Through the sharing of expertise and instruction, the consultant will assist City staff in developing an organizational structure for the fundraising campaign including staffing and volunteers, provide ongoing input on information and data gathered by City staff related to the fundraising campaign, and be available to City staff as an information source and consultant throughout the campaign. The Lincoln Center is located at 417 W. Magnolia Street, Fort Collins, Colorado. This contract is a one (1) year contract with one (1) optional year to renew. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 2, 2006. Proposal No. P1020. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manage Evan Hyatt, Associate Director of Cultural Services at (970) 416-2817. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins is soliciting proposals from consulting experts in the field of fundraising. Consultants must have experience and proven results in fundraising for non-profit organizations. Experience in fundraising for performing arts centers is preferred. The City of Ft Collins is interested in securing approximately $10,000,000 in funds raised from private donors and foundations towards building renovations and improvements at the Lincoln Center. The citizens of Fort Collins recently approved the continuation of a sales tax that will provide an additional $5,000,000 towards renovations and improvements. These tax revenues are scheduled to be available beginning in 2009. The consultant will be involved in assisting City staff in developing a plan and organizational structure to raise up to $10,000,000 in private donations. 1.2 Timeframe for the project This project shall be completed within twenty-four months from the notice to proceed. 1.3 Proposal Submittal The City of Fort Collins shall not reimburse any firm for the cost incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit (5) copies of the proposal with the following information a. The name of the company and the individual who will oversee the consulting and/or solicitation process. b. References from two or more current or past clients, which have used this firm for similar services, including a contact name, telephone number and mailing address. C. Describe what resources you would expect the Lincoln Center staff to provide, as well as the role you would expect the staff to play in a successful fundraising effort (one page maximum). d. Provide a listing of any and all organizations to which you have provided fundraising services during the past three years. Include the name, city, state, and telephone number of the organization, name of client's principal manager for the project, and a one - sentence description of the nature, scope and size of the project. Please note that in submitting this proposal you are authorizing the City of Fort Collins to contact any and all prior clients. e. Please provide a description of your approach to pricing and costs for fundraising. Quote the dollar amount you would charge to perform the consultation and scope of work described in this RFP. Indicate how much time each month you could devote to this project during the next twelve month period. g. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. 1.4 Service Agreement Contractor must enter into the attached professional services agreement and provide the required insurance (Exhibit "B"). This agreement is effective for one year from the date on the service agreement. At the option of the City, the Agreement may be extended for one (1)) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may (unless approved in writing) not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Section 2.0: Background The Lincoln Center is the City of Fort Collins' cultural arts center. It contains two indoor performing arts spaces (a Performance Hall of 1,180 seats and a Mini Theatre of 220 seats), three indoor galleries, conference facilities, and an outdoor sculpture and performance garden. In the early 1970s, a group of visionary community leaders formed a citizens planning committee called Designing Tomorrow Today (DT2) to help create the infrastructure Fort Collins needed. This group was responsible for a one -cent sales tax that funded a community -wide capital improvements program that included Lincoln Center, a multi -venue performing arts, visual arts, and conference facility, as well as the current City Hall, Main Library, and Fort Collins Museum. The mission of Lincoln Center is to provide the residents of northern Colorado with a diverse range of the highest quality cultural and civic opportunities and to stimulate and broaden artistic growth. Since Lincoln Center opened its doors in 1978, it has become one of Colorado's largest and most diverse presenters of professional theatre, dance, music, visual arts, and children's programs. The Lincoln Center is also the "home" of many of the community's non-profit arts organizations providing them with a venue for performances, exhibitions, meetings, and other activities. Who Uses Lincoln Center? • 5,502,025: attendance at all events since 1978 opening 0 323,212 people attended Lincoln Center events in 2005, including 60,000 children. • About 5,000 children each year participate actively in Lincoln Center activities, including performing in music/dance/theater shows, exhibiting art work, and learning to build sets, costumes, and props. • Thirty-four area arts organizations and 30+ other non-profit organizations use Lincoln Center annually. • Poudre School District uses 20+ days each year for everything from All -State Choir to the All -District Student Art Show. • Colorado State University uses it for graduations, guest speakers, and visual art exhibits. • Local businesses use it for motivational speakers, annual meetings, and training programs. Use of the Lincoln Center • Of the 273 days in the theaters' September -May season: The Mini -Theatre hosts 142 performance days + 74 days of set-in and rehearsals = 216 days • Performance Hall hosts 161 performance days + 73 days of set-in and rehearsals = 234 days Section 3.0: Scope of Work The scope of services should serve as a basic guide to the type of information we are looking for. However, if there are other procedures that the respondents seem pertinent, and are not included in the scope; please bring them to our attention. 3.1 The consulting firm shall consult with City staff and provide assistance and professional advice on the development of an organizational structure and implementation plan for a successful capital campaign. 3.2 The consulting firm shall gather information and review information provided by City staff related to the capital campaign and provide input and direction, including the updating of previous studies done by the Lincoln Center. 3.3 The consulting firm shall research links between the Lincoln Center's project and potential funders and develop a resource list of such prospects. 3.4 The consulting firm shall assist with developing strategies for approaching and soliciting potential funders and assist with reconnecting with already identified donors. 3.5 The consulting firm shall be available as an information source to City staff when needed and act as a consultant on issues related to the completion of the capital campaign. Section 4.0: Evaluation 4.1 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weighting Qualification Standard Factor Scope of Does the proposal show an understanding of the proposal 1.0 Proposal objective, methodology to be used, and results that are desired from the project? Does the consultant have the needed experience to successfully 2.0 Experience complete the project? Does the consultant have experience with performing arts? 2.0 Availability Can the consultant complete the work on time? 1.0 Motivation Is the consultant interested in completing this project? Do they have proven success? 2.0 Cost Do the proposed cost and work hours compare favorably with the Project Manager's budget? Does the consultant have the capabilities and support to perform 2.0 Firm Capability the required scope of work? Has the consultant done previous projects of this type and scope? 4.2 Reference Evaluation (Top -ranked firms) The Project Managers will check references using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did company personnel exhibit the knowledge and skills necessary for the efficient completion of the Scope of Work? Section 5.0: Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Consulting firm may be selected on the basis of written proposals or up to three respondents may be called in for interviews. Interviews will be rated using the same criteria as the written proposals. PROFESSIONAL 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 , [insert either a corporation, a partnership or an individual,doing business as WITNESSETH: hereinafter referred to as "Professional". 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 ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 2005, and shall continue in full force and effect until 2005, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 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, WOPSA 05101 1 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 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, Protect 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 $ 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of WOPSA 05101 2 the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal 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. 6. Compensation. [Option 1] 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 according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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 WOPSA 05101 3 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. Protect Drawings. [Optional]Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. WOPSA 05101 4 12. 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. 13. 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. 14. 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. 15. 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. 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 WOPSA 05101 5 Agreement. 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary WOPSA 05101 6 [Optional] EXHIBT " " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. WOPSA 05101 Administrati— cP ;ces Purchas7 REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center City of Fort Collins The City of Fort Collins is requesting proposals from fundraising consultants to assist with the development of a capital fundraising campaign for the Lincoln Center, the City's performing and visual arts center. Through the sharing of expertise and instruction, the consultant will assist City staff in developing an organizational structure for the fundraising campaign including staffing and volunteers, provide ongoing input on information and data gathered by City staff related to the fundraising campaign, and be available to City staff as an information source and consultant throughout the campaign. The Lincoln Center is located at 417 W. Magnolia Street, Fort Collins, Colorado. This contract is a one (1) year contract with one (1) optional year to renew. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 2, 2006. Proposal No. P1020. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manage Evan Hyatt, Associate Director of Cultural Services at (970) 416-2817. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins is soliciting proposals from consulting experts in the field of fundraising. Consultants must have experience and proven results in fundraising for non-profit organizations. Experience in fundraising for performing arts centers is preferred. The City of Ft Collins is interested in securing approximately $10,000,000 in funds raised from private donors and foundations towards building renovations and improvements at the Lincoln Center. The citizens of Fort Collins recently approved the continuation of a sales tax that will provide an additional $5,000,000 towards renovations and improvements. These tax revenues are scheduled to be available beginning in 2009. The consultant will be involved in assisting City staff in developing a plan and organizational structure to raise up to $10,000,000 in private donations. 1.2 Timeframe for the project This project shall be completed within twenty-four months from the notice to proceed. 1.3 Proposal Submittal The City of Fort Collins shall not reimburse any firm for the cost incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit (5) copies of the proposal with the following information a. The name of the company and the individual who will oversee the consulting and/or solicitation process. b. References from two or more current or past clients, which have used this firm for similar services, including a contact name, telephone number and mailing address. C. Describe what resources you would expect the Lincoln Center staff to provide, as well as the role you would expect the staff to play in a successful fundraising effort (one page maximum). d. Provide a listing of any and all organizations to which you have provided fundraising services during the past three years. Include the name, city, state, and telephone number of the organization, name of client's principal manager for the project, and a one - sentence description of the nature, scope and size of the project. Please note that in submitting this proposal you are authorizing the City of Fort Collins to contact any and all prior clients. e. Please provide a description of your approach to pricing and costs for fundraising. Quote the dollar amount you would charge to perform the consultation and scope of work described in this RFP. Indicate how much time each month you could devote to this project during the next twelve month period. g. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. 1.4 Service Agreement Contractor must enter into the attached professional services agreement and provide the required insurance (Exhibit "B"). This agreement is effective for one year from the date on the service agreement. At the option of the City, the Agreement may be extended for one (1)) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may (unless approved in writing) not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Section 2.0: Background The Lincoln Center is the City of Fort Collins' cultural arts center. It contains two indoor performing arts spaces (a Performance Hall of 1,180 seats and a Mini Theatre of 220 seats), three indoor galleries, conference facilities, and an outdoor sculpture and performance garden. In the early 1970s, a group of visionary community leaders formed a citizens planning committee called Designing Tomorrow Today (DT2) to help create the infrastructure Fort Collins needed. This group was responsible for a one -cent sales tax that funded a community -wide capital improvements program that included Lincoln Center, a multi -venue performing arts, visual arts, and conference facility, as well as the current City Hall, Main Library, and Fort Collins Museum. The mission of Lincoln Center is to provide the residents of northern Colorado with a diverse range of the highest quality cultural and civic opportunities and to stimulate and broaden artistic growth. Since Lincoln Center opened its doors in 1978, it has become one of Colorado's largest and most diverse presenters of professional theatre, dance, music, visual arts, and children's programs. The Lincoln Center is also the "home" of many of the community's non-profit arts organizations providing them with a venue for performances, exhibitions, meetings, and other activities. Who Uses Lincoln Center? • 5,502,025: attendance at all events since 1978 opening 0 323,212 people attended Lincoln Center events in 2005, including 60,000 children. • About 5,000 children each year participate actively in Lincoln Center activities, including performing in music/dance/theater shows, exhibiting art work, and learning to build sets, costumes, and props. • Thirty-four area arts organizations and 30+ other non-profit organizations use Lincoln Center annually. • Poudre School District uses 20+ days each year for everything from All -State Choir to the All -District Student Art Show. • Colorado State University uses it for graduations, guest speakers, and visual art exhibits. • Local businesses use it for motivational speakers, annual meetings, and training programs. Use of the Lincoln Center • Of the 273 days in the theaters' September -May season: The Mini -Theatre hosts 142 performance days + 74 days of set-in and rehearsals = 216 days • Performance Hall hosts 161 performance days + 73 days of set-in and rehearsals = 234 days Section 3.0: Scope of Work The scope of services should serve as a basic guide to the type of information we are looking for. However, if there are other procedures that the respondents seem pertinent, and are not included in the scope; please bring them to our attention. 3.1 The consulting firm shall consult with City staff and provide assistance and professional advice on the development of an organizational structure and implementation plan for a successful capital campaign. 3.2 The consulting firm shall gather information and review information provided by City staff related to the capital campaign and provide input and direction, including the updating of previous studies done by the Lincoln Center. 3.3 The consulting firm shall research links between the Lincoln Center's project and potential funders and develop a resource list of such prospects. 3.4 The consulting firm shall assist with developing strategies for approaching and soliciting potential funders and assist with reconnecting with already identified donors. 3.5 The consulting firm shall be available as an information source to City staff when needed and act as a consultant on issues related to the completion of the capital campaign. Section 4.0: Evaluation 4.1 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weighting Qualification Standard Factor Scope of Does the proposal show an understanding of the proposal 1.0 Proposal objective, methodology to be used, and results that are desired from the project? Does the consultant have the needed experience to successfully 2.0 Experience complete the project? Does the consultant have experience with performing arts? 2.0 Availability Can the consultant complete the work on time? 1.0 Motivation Is the consultant interested in completing this project? Do they have proven success? 2.0 Cost Do the proposed cost and work hours compare favorably with the Project Manager's budget? Does the consultant have the capabilities and support to perform 2.0 Firm Capability the required scope of work? Has the consultant done previous projects of this type and scope? 4.2 Reference Evaluation (Top -ranked firms) The Project Managers will check references using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did company personnel exhibit the knowledge and skills necessary for the efficient completion of the Scope of Work? Section 5.0: Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Consulting firm may be selected on the basis of written proposals or up to three respondents may be called in for interviews. Interviews will be rated using the same criteria as the written proposals. PROFESSIONAL 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 , [insert either a corporation, a partnership or an individual,doing business as WITNESSETH: hereinafter referred to as "Professional". 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 ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 2005, and shall continue in full force and effect until 2005, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 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, WOPSA 05101 1 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 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, Protect 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 $ 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of WOPSA 05101 2 the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal 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. 6. Compensation. [Option 1] 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 according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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 WOPSA 05101 3 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. Protect Drawings. [Optional]Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. WOPSA 05101 4 12. 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. 13. 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. 14. 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. 15. 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. 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 WOPSA 05101 5 Agreement. 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary WOPSA 05101 6 [Optional] EXHIBT " " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. WOPSA 05101 REQUEST FOR PROPOSAL P1021 Fundraising Consultant for Lincoln Center Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins is soliciting proposals from consulting experts in the field of fundraising. Consultants must have experience and proven results in fundraising for non-profit organizations. Experience in fundraising for performing arts centers is preferred. The City of Ft Collins is interested in securing approximately $10,000,000 in funds raised from private donors and foundations towards building renovations and improvements at the Lincoln Center. The citizens of Fort Collins recently approved the continuation of a sales tax that will provide an additional $5,000,000 towards renovations and improvements. These tax revenues are scheduled to be available beginning in 2009. The consultant will be involved in assisting City staff in developing a plan and organizational structure to raise up to $10,000,000 in private donations. 1.2 Timeframe for the project This project shall be completed within twenty-four months from the notice to proceed. 1.3 Proposal Submittal The City of Fort Collins shall not reimburse any firm for the cost incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit (5) copies of the proposal with the following information a. The name of the company and the individual who will oversee the consulting and/or solicitation process. b. References from two or more current or past clients, which have used this firm for similar services, including a contact name, telephone number and mailing address. C. Describe what resources you would expect the Lincoln Center staff to provide, as well as the role you would expect the staff to play in a successful fundraising effort (one page maximum). d. Provide a listing of any and all organizations to which you have provided fundraising services during the past three years. Include the name, city, state, and telephone number of the organization, name of client's principal manager for the project, and a one - sentence description of the nature, scope and size of the project. Please note that in submitting this proposal you are authorizing the City of Fort Collins to contact any and all prior clients. e. Please provide a description of your approach to pricing and costs for fundraising. Quote the dollar amount you would charge to perform the consultation and scope of work described in this RFP. f. Indicate how much time each month you could devote to this project during the next twelve month period. g. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. 1.4 Service Agreement Contractor must enter into the attached professional services agreement and provide the required insurance (Exhibit "B"). This agreement is effective for one year from the date on the service agreement. At the option of the City, the Agreement may be extended for one (1)) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may (unless approved in writing) not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Section 2.0: Background The Lincoln Center is the City of Fort Collins' cultural arts center. It contains two indoor performing arts spaces (a Performance Hall of 1,180 seats and a Mini Theatre of 220 seats), three indoor galleries, conference facilities, and an outdoor sculpture and performance garden. In the early 1970s, a group of visionary community leaders formed a citizens planning committee called Designing Tomorrow Today (DT2) to help create the infrastructure Fort Collins needed. This group was responsible for a one -cent sales tax that funded a community -wide capital improvements program that included Lincoln Center, a multi -venue performing arts, visual arts, and conference facility, as well as the current City Hall, Main Library, and Fort Collins Museum. The mission of Lincoln Center is to provide the residents of northern Colorado with a diverse range of the highest quality cultural and civic opportunities and to stimulate and broaden artistic growth. Since Lincoln Center opened its doors in 1978, it has become one of Colorado's largest and most diverse presenters of professional theatre, dance, music, visual arts, and children's programs. The Lincoln Center is also the "home" of many of the community's non-profit arts organizations providing them with a venue for performances, exhibitions, meetings, and other activities. Who Uses Lincoln Center? • 5,502,025: attendance at all events since 1978 opening 0 323,212 people attended Lincoln Center events in 2005, including 60,000 children. • About 5,000 children each year participate actively in Lincoln Center activities, including performing in music/dance/theater shows, exhibiting art work, and learning to build sets, costumes, and props. • Thirty-four area arts organizations and 30+ other non-profit organizations use Lincoln Center annually. • Poudre School District uses 20+ days each year for everything from All -State Choir to the All -District Student Art Show. • Colorado State University uses it for graduations, guest speakers, and visual art exhibits. • Local businesses use it for motivational speakers, annual meetings, and training programs. Use of the Lincoln Center • Of the 273 days in the theaters' September -May season: • The Mini -Theatre hosts 142 performance days + 74 days of set-in and rehearsals = 216 days • Performance Hall hosts 161 performance days + 73 days of set-in and rehearsals = 234 days Section 3.0: Scope of Work The scope of services should serve as a basic guide to the type of information we are looking for. However, if there are other procedures that the respondents seem pertinent, and are not included in the scope; please bring them to our attention. 3.1 The consulting firm shall consult with City staff and provide assistance and professional advice on the development of an organizational structure and implementation plan for a successful capital campaign. 3.2 The consulting firm shall gather information and review information provided by City staff related to the capital campaign and provide input and direction, including the updating of previous studies done by the Lincoln Center. 3.3 The consulting firm shall research links between the Lincoln Center's project and potential funders and develop a resource list of such prospects. 3.4 The consulting firm shall assist with developing strategies for approaching and soliciting potential funders and assist with reconnecting with already identified donors. 3.5 The consulting firm shall be available as an information source to City staff when needed and act as a consultant on issues related to the completion of the capital campaign. Section 4.0: Evaluation 4.1 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weighting Qualification Standard Factor Scope of Does the proposal show an understanding of the proposal 1.0 Proposal objective, methodology to be used, and results that are desired from the project? Does the consultant have the needed experience to successfully 2.0 Experience complete the project? Does the consultant have experience with performing arts? 2.0 Availability Can the consultant complete the work on time? 1.0 Motivation Is the consultant interested in completing this project? Do they have proven success? 2.0 Cost Do the proposed cost and work hours compare favorably with the Project Manager's budget? Does the consultant have the capabilities and support to perform 2.0 Firm Capability the required scope of work? Has the consultant done previous projects of this type and scope? 4.2 Reference Evaluation (Top -ranked firms) The Project Managers will check references using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by thisproject? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? -Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did company personnel exhibit the knowledge and skills necessary for the efficient com letion of the Sco e of Work? Section 5.0: Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Consulting firm may be selected on the basis of written proposals or up to three respondents may be called in for interviews. Interviews will be rated using the same criteria as the written proposals. PROFESSIONAL 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 , [insert either a corporation, a partnership or an individual,doing business as WITNESSETH: hereinafter referred to as "Professional". 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 ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 2005, and shall continue in full force and effect until 2005, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 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, WOPSA 05/01 i 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 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 $ 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of worsA 05101 2 the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal 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. 6. Compensation. [Option 1] 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 according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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 WOPSA 05101 3 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. Project Drawings. [Optional]Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. WOPSA 05/01 4