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HomeMy WebLinkAbout420075 THIRD SECTOR ENTERPRISES - CONTRACT - RFP - 7288 FUNDRAISING CONSULTANT FOR THE SENIOR 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 Third Sector Enterprises Inc., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scone of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 3. Contract Period: The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than July 30, 2012. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon In writing by the parties hereto. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent I to the following addresses: i Third Sector Enterprises, Inc. City of Fort Collins City of Fort Collins Attn: Art Bavoso Attn: Peggy Bowers, Recreation Dept Attn: Purchasing Dept. 1625 Lakeshore Drive PO Box 580 PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 Fort Collins, CO 80522 Ph. 970-223-7496 Professional Services Agreement 7288 Fundraising Consultant for the Serflor Center Page 1 of 9 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 pertonnance of the Professional's obligations under this Agreement. Such payment shall be the Professlonars 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 indemnity, 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 Chys 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 and errors and omissions insurance In the amount of $WA. 6. Compensation: In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Ten Thousand Dollars ($t 0,000) plus reimbursable direct costs. 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 Professionars City -verified progress In completing the services to be performed pursuant hereto and upon the Ctty's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment; all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate; prior to commencement of work; its project representative who shall make; within the scope of his or her authority, all necessary and Professional Services Agreement 7288 Fundraising Consultant for the Senior Center Page 2 of 9 proper decisions with reference to the project. All requests for contract interpretations; change orders; and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter; Professional Is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material Information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request 9. Independent Contractor. The services to be performed by Professional are arose of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA; Workers' Compensation; other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings; designs; plans, specifications, reports, and incidental work or materials furnished hereunder shall not In any way relieve the Professional of responsibility for the quality or technical accuracy of the wo&. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement; such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default Professional Services Agreement 7288 Fundraising Consultant for the Senior Center Page 3 of 9 remains uncorrected; the parry declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting parry commences legal or equitable actions against the defaulting party; the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 14. Bindina Effect This writing, together with the exhibits hereto; constitutes the entire agreement between the parties and shall be binding upon said parties; their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. LawlSeverability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,. such holding shall not invalidate or render unenforceable any other provision of this Agreement 17. Prohibition Against Emolovina 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 a -Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, loath Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verity 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 under this Agreement Professional Services Agreement 7288 Fundraising Consultant for the Senior Center Page 4 of 9 C. Professional is prohibited from using the a -Verily 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 contacted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado DepaMnen 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. I. 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. Professional Services Agreement 7288 Furulraising Consultant for the Senior Center Page 5 of 9 THE CITY OF FORT COLLINS, COLORADO By: li� J s B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management DATE: ��l Third Seyi6r)Ent�� , Inc„ Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ( Z 3. Z o 1/ (Corporate Seal) Professional Services Agreement 7288 Fundraising Consultant for the Senior Center Page 6 of 9 EXHIBIT A SCOPE OF WORK The City of Fort Collins has approved the continuation of a sales tax that will provide $5,000,000 towards renovations and improvements of the Senior Center. The City of Fort Collins is now interested in securing approximately $8,000,000 more in funds to be raised from private donors, foundations and corporations. The tax revenues are scheduled to be available beginning in 2012. 1. Professional shall be involved in creating a study to ascertain the ability of the Senior Center to raise the additional $8,000,000 in a capital fund raising campaign. 2. Professional shall include in such a study: A list, and pertinent information about, qualified prospects that have expressed some level of willingness to consider a financial contribution to the capital campaign. An internal assessment of the City staff and its volunteers as to their readiness and ability to raise such funds for the project. A recommendation about the amount of funds, the timeframe and steps that the Senior Center staff should take to reasonably be expected to raise funds for such a campaign. 3. Professional shall be available as an information source to City staff on the study when needed. Professional Services Agreement 7288 Fundraising Consultant for the Senior Center Page 7 of 7 A ORS CERTIFICATE OF LIABILITY INSURANCE OF ID DA DATE(MMID NYTY) 12/21/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SU13ROGATION IS WAIVED, 0615ct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CIA NAME: eHUNE (AIC, No, Est): INC, No): Brown & Brown Inc ADDREss: 4532 Boardwalk Dr, Suite 200 Fort Collins CO 80525 Phone:970-482-7747 Fax:970-484-4165 CUSTOMER ID T. PEOPL-1 INSURERS) AFFORDING COVERAGE NAIC# INSURED 6 Third Sectforor Enterprises The People nt5Inc 6 Third Sector Enterprises 1625 Lakeshore Dr INSURER A: 1laatto[d casualty zhaVaance cc 29424 INSURER B: INSURER C: INsuRERo: Ft Collins CO 80525 INSURER E : INSURER F : COVERAGES UtKIII-IUAIh NUMHJER: REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAMING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WNICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSIN LTRrULIU TY71NSU�NCECE INSR WV POLICY NUMBER (MMIDDIWYY) (MMDDA`YYY) LIMITS GENERAL LIP B EACH OCCURRENCE $ 1000000 A COhiMERCABILITY 34SHAGQ1972 OS/08/10 Ol/08/11 PRBOMBS(Ea occ�rrewe) $300000 CLAIMOCCUR MED PAR(my one person) $10000 X PERSONAL B ADV INJURY $1000000 Buwners X GENERAL AGGREGATE $2000000 AGGREGAS PER: PRODUCTS-COMIPIOP ASS $2000000 GENL POLICYLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea amMent) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS Per accident) $ SCHEDULED AUTOS GE X HIRED AUTOS $ X NON -OWNED AUTOS WAGGREGATE$ 3UMBRELLA LMB OCCUR CE $EXCESS LIAR CIAIMS,MA�DE $ DEDUCTIBLE $ RETENTION $ $ WUKKLKb OMPENSA AND EMPLOYERSLIABILITY YIN TORY LIMITSVER ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERRMEMBER EXCLUDED' ❑ IA E. L. EACH ACCIDEM $ (Mandatory In NH) I yes, tlescnbe under E.L. DISEASE - EA EMPLOYEE $ EL. DISEASE-POLICYUMIT $ DESCRIPTION OF OPERATIONS babes DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remoras Schedule, d more spate Is required) single Sales Office - City of Fort Collins is included as Additional Insured with respects to General Liability per form SS 0008 jstephenGfcgov.com CERTIFICATE HOLDER CGNCFI I GTI11M City of Fort Collins John Stephen Purchasing Department PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FTCPURC I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TIE POLICY PROVISIONS. ---- .. laovsia., I ne AUV t[u name an0 Togo are registered marKS of ACORD