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Home My WebLink About459072 LIGHTSOURCE CREATIE COMMUNICATIONS INC - CONTRACT - RFP - 7207 REBRANDING PROJECT - 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 Lightsource Creative Communications, 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 two (2) 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 March 21, 2011, and shall continue in full force and effect until March 20, 2012, 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 Professional 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. Professional Services Agreement 7207 Rebranding Project— Lincoln Center Pagel of 11 EXHIBIT "C" FEE SCHEDULE Deliverables: Brand Identification $13,500 Identity Design Elements $ 2,500 Branding Recommendations $ 4,000 Total Not -To -Exceed Fee $20,000 Professional Services Agreement 7207 Rebranding Project — Lincoln Center Pagel of 11 EXHIBIT "D" INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Professional Services Agreement 7207 Rebranding Project— Lincoln Center Pagel of 11 Insured's Name and Address Lisa Malmquist 121 La Porte Ave Fort Collins, CO 80524-4379 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Steve Crane (303)771-3575 5460 South Quebec #305 Greenwood Village, CO 80111-1918 (336/301) This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. _ COVERAGES -:r" : -, _ : .,.... _. y ";- i t _- -- This is to minify that policies of insurance need below have been issued tp the insured named above for the peaty pehod indicated. notwihstanding any requirement, term or condition of any combed or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies tlesaibed herein is subject to all the terms, exdusiocs, and conditions of such policies. POLICY DATE TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY EFFECTIVE EXPIRATION Mo, Oa Yr Mo, Da , Vr ' Homeowners/ Bodily Injury antl Property Damage Mobilehomeowners Liability Each Occarence $ '000 Boatowners Liability fff '' }.� ,..F,q, Bodily Injury and Property Damage I-dc Each Occurrence $ '000 Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence $ '000 Farm/Ranch Liability Farm Liability 3 Personal Liability $ Each Occurrence ,000 Farm Employer's Liability Each Occurrence $ 000 Workers Compensation and statutory ..*****a**** Each Accident $ '000 Employers Liability t Disease - Each Employee $ '000 Disease - Policy Limit $ '600 General Liability General Aggregate $ 000 ❑ Commercial General Products - Completetl Opemtons Aggregate $ ,000 Liability (occurrence) Personal and AdveNd Injury $ 000 ❑ Each Ocanrence $ '000 ❑ Damage to Premises Reated to You $ 000 Medical Expense (My One Person) $ 000 Businessowners Liability 05-X95587-02-00 9/27/2010 9/27/2011 Each Occurencett $ 1,000,000 Aggregatett $ 2,000 ,000 Liquor Liability Common Cause Limit $ '000 Aggregate Limit $ ,000 Automobile Liability Emily mjery -Eam Person $ ❑ Any Auto ,000 ❑ All Owned Autos Bodily Injury - Each Amtlent S .000 ❑ Scheduled Autos ❑ Hired Auto Properly Damage $ ,000 ❑ Nonowned Autos ❑ Bodily Injury and Properly Damage Combined $ ,000 Excess Liability ❑ Commercial Blanket Excess Each occurrence/ Aggregate $ ❑ ,000 Other (Miscellaneous Coveraees) DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /RESTRICTIONS/SPECIAL ITEM tTha iMrntlualar pacts atom uixvaea❑Hm ❑;vrd ADDITIONAL INSURED: CITY OF FORT COLLINS, IT'S OFFICERS, AGENTS AND EMPLOYEES 8bdedmc �m ° ^b wa p�poq. tthadu#Canpletsd Operators Wagale is all In each aCQRelCet 1ad6aCIldLH fl p]{Cf BgglaAata. "=--CERTIFICATE�HOLDER;SINAME'AND--ADDRESS_" ° . + s :t> -m-`r - „v.,. y=' r;Ft I. -CANCELLATION, y'".:.;= I s :-:, _• • CITY OF FORT COLLINS LKJ Should any of the above described policies be cancelled before the expiration date thereof, the company wijl endeavor to mail •( 30 days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability, of any kind upon the company, its `y0 agents or representatives. days unless different number of days shown. ❑ This certifies coverage on the date of issue only. The above described policies are subject to Cancellation in conformity with their terms and by the laws of the state of issue. GATE ISSUED gOTH RIZED REPRE ENTATIVE 3/16/2011 ANDREA CLARK U-201 Ed. 5/00 Stock No. 06668 Rev. 7/02 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Lightsource Creative City of Fort Collins City of Fort Collins Communications Attn: Jill Stilwell Purchasing Attn: Lisa Malmquist PO Box 580 PO Box 580 121 W LaPorte Ave. Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80524 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, Proiect 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 negligent 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 limits according to the Insurance Requirements attached hereto as Exhibit "D ", consisting of one (1) page. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a not -to -exceed fee in the amount of Twenty - Thousand -Dollars ($20,000.00) which shall include any reimbursable direct costs as per the Fee Schedule attached hereto as Exhibit "C" and incorporated herein by the reference. A single lump Professional Services Agreement 7207 Rebranding Project — Lincoln Center Paget of 11 sum 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. 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. 9. 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. 10. 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. TheCity'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. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page3 of 11 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. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page4 of 11 under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 16. Special Provisions. Any taxes, shipping, distribution, fulfillment or postage involve additional charges. Any web hosting, voice talent, photography, printing or sign manufacturing involve additional charges. Professional Services Agreement 7207 Rebranding Project — Lincoln Center Pages of 11 THE CITY OF FORT COLLINS, COLORADO By: �j� J me B. O'Neill II, CPPO, FNIGP Dirgeor of Purchasing & Risk Management Date: PROFESSIONAL: Lightsource Creative Communications By: Print Name: �• V m Title: �2c,s. J.v Date: 5-4./' / Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page6 of 11 Background: . Goal: Budget: EXHIBT "A" SCOPE OF SERVICES 7207 Rebranding Project - Lincoln Center The Lincoln Center is in the midst of an historic $8 million renovation and expansion that will be completed summer of 2011. As the largest cultural venue in Fort Collins, Lincoln Center strengthens the local economy, supports major regional arts organizations as well as small ones, and presents high quality performing arts events to a broad regional audience. Each year, 225,000 people attend 350 performances, art exhibitions, and more than 900 special events. The Lincoln Center renovation and expansion project will infuse new life into this community treasure, focusing on improving the patron experience and performer amenities; including expanded lobbies, renovated and new restrooms, an elevator, a new dressing room complex, renovating the Canyon West Room into a Grand Ballroom, acoustical improvements for both theaters, a new Founders Room, a new Roof Top Deck and a new art gallery. The project will also be LEED Gold certified. To create a new brand identity that reflects the newly renovated and expanded Lincoln Center; to strengthen Lincoln Center's reputation and identity as the place for arts and entertainment in Northern Colorado. The project has received a $10,000 grant, with some additional funds to come from the department. It is anticipated that this project budget will be in the $15- 20,000 range. Scope of Work: 1. Brand Identification Through research, market analysis, and the selected agency's expertise, develops a brand identity for the newly renovated and expanded Lincoln Center. 2. Identity Design - Logo: Lincoln Center has a long standing logo that was recently updated. The Lincoln Center is not necessarily looking for a complete logo redesign, but would consider changes to the logo if needed to fit the overall rebranding program. - Slogans and key phrases 3. Make Recommendations to reinforce the brand identity, such as: - Tag lines and key marketing messages - Graphic concepts and style guides - Integration into website and social media - Signage and internal applications - Advertising and Public Relations Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page7 of 11 Collateral material Integration into customer service philosophy Other recommendations as developed by agency 4. Deliverables - Brand Identification Professional will deliver a complete branding package for the Lincoln Center. • Brand identification will be accomplished through detailed research and agency expertise. We will use primary research and our'concentric circles' approach for evaluation and to validate the effectiveness of brand elements. Professional will also provide a branding portal, and host a branding workshop for key personnel. In this workshop, we will discuss how to use the portal, and the branding standards to adhere to. - Identity Design Elements Professional's team will comprise a list of slogans and key phrases that best represent the Lincoln Center. Working within our'concentric circles' model, we will test the slogans and phrases to determine a select few that have the most appeal and function. Professional will review the current logo, and suggest recommended changes or redesign if necessary. - List of recommendations to reinforce brand identity in priority order. Professional will provide the following services: • Create a messaging hierarchy and story to promote the Lincoln Center to target audiences, including key tag lines and marketing messages. • Assess city's/community's signage, and internal signage • Suggest integration into website and social media. • Advise on collateral materials (video, brochures, et al). • Recommend approaches toward integration into customer service philosophy. • Include other recommendations. 5. Additional Contract Option - The City reserves the option to contract with Professional to implement some or all recommendations. Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page8 of 11 Timeline: EXHIBIT "B" WORK SCHEDULE The Rebranding Project Deliverables shall be completed and delivered to the City's representative by May 1, 2011 and preferably earlier in order to be integrated into certain aspects of the building finish and advertising and promotional elements for the reopening. Professional Services Agreement 7207 Rebranding Project — Lincoln Center Page9 of 11