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HomeMy WebLinkAboutRFP - 7288 FUNDRAISING CONSULTANT FOR THE SENIOR CENTER (2)RFP 7288 Fundraising Consultant for the Senior Center Page 1 of 18 REQUEST FOR PROPOSAL 7288 FUNDRAISING CONSULTANT FOR THE SENIOR CENTER The City of Fort Collins is requesting proposals from qualified firms to from fundraising consultants to develop and conduct a feasibility study for the capital fundraising campaign for the Fort Collins Senior Center. Written proposals, five (5) copies, 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), October 18, 2011 and referenced as Proposal No. 7288. 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 Manager, Peggy Bowers, Recreation Area Manager, at (970) 221-6357 or pbowers@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7288 Fundraising Consultant for the Senior Center Page 2 of 18 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 RFP 7288 Fundraising Consultant for the Senior Center Page 3 of 18 REQUEST FOR PROPOSAL 7288 Fundraising Consultant for the Senior Center The City of Fort Collins is requesting proposals from fundraising consultants to develop and conduct a feasibility study for the capital fundraising campaign for the Fort Collins Senior Center. The Senior Center is located at 1200 Raintree Drive, Fort Collins, Colorado. 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 conducting feasibility studies for fundraising for non-profit organizations. Experience in conducting these studies for Senior Center/Recreation Centers is preferred. The City of Fort Collins is interested in securing approximately $8,000,000 in funds raised from private donors and foundations towards building renovations and improvements at the Senior Center. The citizens of Fort Collins approved the continuation of a sales tax that that will provide an additional $5,000,000 towards renovations and improvements. These tax revenues are scheduled to be available beginning in 2012. The consultant will be involved in creating a study to ascertain the ability to raise $8,000,000 in private donations. 1.2 Timeframe for the project This project shall be completed within six 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 Senior Center staff to provide, as well as the role you would expect the staff to play in a successful fundraising effort (one page maximum). RFP 7288 Fundraising Consultant for the Senior Center Page 4 of 18 d. Provide a listing of any and all organizations to which you have provided feasibility studies in the past three years. Include the name, city, state, and telephone number of the organization, name of the client’s principal manager for the project, and 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 the study. 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 six 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. 1.5 City of Fort Collins reserves the right to award on written proposals only. 1.6 Budget is $10,000 Section 2.0: Background The Senior Center is run by the City of Fort Collins. The existing 40,000 square foot facility features a four-lane lap pool, a 6900 square foot fitness center (gymnasium and elevated job/walk track), a 5400 square-foot multi-use room with stage, full service kitchen, a large reception/lounge with gas fireplace, classrooms, snooker/pool room, library/media center and crafts rooms. Outdoor areas include a patio and outdoor activity yard. The beautifully landscaped site overlooks Rolland Moore Park. The Fort Collins Senior Center was started as a part-time operation in the early 1970’s in a park facility. A full time program was established within a year at a downtown location. In 1988, the Fort Collins city council appointed several citizen RFP 7288 Fundraising Consultant for the Senior Center Page 5 of 18 committees – the Choices 95 process – to evaluate and recommend to the voters capital projects that would take the City into the next decade. One of the projects that was recommended by the Choices 95 committee was a new senior center. In March 1988, voters approved a quarter-cent sales tax to pay for the $5.5 million senior center and other capital improvements. The construction of the Fort Collins Senior Center began in September, 1993 and was completed in the summer of 1995. The vision of the program is to provide educational and recreational programs that ensure meaningful use of leisure time; promote health and wellness, and encourage active lifestyles; provide a supportive setting for socialization; provide information, referral and support to all adults, especially those 50 years and older; and to facilitate the efforts of senior service providers who share similar interests. It is a community focal point where persons 50 and older come together for services and activities which enhance their dignity, maintain their well-being, support their independence and encourage their involvement in and with the community. The mission of the Fort Collins Senior Center is to encourage adults to enrich their lives through activity and knowledge. Activities provided through the Senior Center include aquatics, arts, crafts, clubs and organizations, community gardens, dance, drama and theatre, fitness, leisure learning, music, outdoor recreation, sports and games, social activities, trips and travel, volunteer opportunities, and wellness. Since opening the doors in 1995, the Fort Collins Senior Center quickly fulfilled its promise. The Center was recognized by the National Council on Aging (NCOA) in 2008 as unique and innovative and featured as a national standard. The FCSC is one of only two NCOA/NISC (National Institute of Senior Centers) accredited senior centers in Colorado and has received national accreditation twice. Additionally, the FCSC has received national recognition for its excellence in service to its patrons. The Senior Center serves the Fort Collins community in many ways. While the primary focus for use and programming is to provide activities for people 50 and older, a number of programs and activities are available for all adults. Family oriented intergenerational events are featured throughout the year. The Center also provides space for use for other City sponsored recreational programs. As space is available the Center is used for a number of public and private purposes hosting a variety of services, meetings and trainings, performances, social events, and many other activities. Who Uses the Senior Center? Approximately a thousand people visit the Senior Center per day each year. Some come to look at the facility, look for resources, visit with friends or register for programs offered through the Recreation Department. Others are program participants. In 2010 27,648 were involved in aquatics, 74,393 in social programs, 4,521 in art programs, 3,252 in the travel program, 65,968 in fitness and wellness RFP 7288 Fundraising Consultant for the Senior Center Page 6 of 18 activities, 1528 in outdoor recreation, 14,997 in educational programs and 2400 in dance. Additional 52,128 people were counted in a variety of other scheduled events. Uses of the Senior Center include:  Golden K Kiwanis meets at the Senior Center every Tuesday for the year.  Holy Trinity church meets every Sunday January through December.  Parkinson’s Support Group, Fort Collins Audubon, Rocky Mountain Flycasters, Colorado Mountain Club, Rocky Mountain Creative Quilters, and Goodtimes Dance Club meet once a month January through December.  VITA Tax Aid meets here February through middle of April each year.  Various health organizations meet here on a regular basis. i.e. Humana, Rocky Mountain Health Plans, Poudre Valley Hospital.  CSU uses the Senior Center for their Social Work Awards Ceremony twice a year with a total of 800 people total.  Poudre R-1 School District meets here once a year for their ACE awards banquet. Several PR-1 schools use the Senior Center for their employee staff meetings in August.  Business Network International meets every Wednesday, January through December.  Several Financial Service companies use the Senior Center on a bi-weekly, monthly basis. McCrary Law, Phase 2 Financial and McCulley & Associates.  Boy Scout Troops use the Senior Center for their annual spaghetti dinners.  Fort Collins Cat Rescue, Humane Society and the Animal House use the Senior Center for their fundraising events.  Volunteers of America use the Senior Center four times a week, January through December. 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 research links between the Senior Center’s project and potential funders and develop a resource list of such prospects. 3.2 The consulting firm shall be available as an informational source to City staff when needed and act as a consultant on issues related to the completion of the capital campaign. RFP 7288 Fundraising Consultant for the Senior Center Page 7 of 18 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 Factor Qualification Standard 2.0 Scope of Proposal Does the proposal show an understanding of the proposal objective, methodology to be used, and results that are desired for the project? 2.0 Experience Does the consultant have the needed experience to successfully complete the project? Does the consultant have experience with performing arts? 1.0 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? 2.0 Firm Capability Does the consultant have the capabilities and support to perform the required scope of work? Has the consultant done previous projects of this type and scope? RFP 7288 Fundraising Consultant for the Senior Center Page 8 of 18 4.2 Reference Evaluation (Top-ranked firms) The Project Mangers 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. RFP 7288 Fundraising Consultant for the Senior Center Page 9 of 18 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 , 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 ( ) page , 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 ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 RFP 7288 Fundraising Consultant for the Senior Center Page 10 of 18 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: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 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 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 $ Optional: according to the Insurance Requirements attached hereto as Exhibit “ “, consisting of one (1) page. 6. Compensation. [Use this paragraph or Option 1 below.] 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 ($ ) plus reimbursable direct costs. All such fees and RFP 7288 Fundraising Consultant for the Senior Center Page 11 of 18 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 Clause 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. 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 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. RFP 7288 Fundraising Consultant for the Senior Center Page 12 of 18 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 City in an 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. 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. RFP 7288 Fundraising Consultant for the Senior Center Page 13 of 18 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 Agreement. 17. 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, RFP 7288 Fundraising Consultant for the Senior Center Page 14 of 18 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 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. RFP 7288 Fundraising Consultant for the Senior Center Page 15 of 18 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. 18. 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. RFP 7288 Fundraising Consultant for the Senior Center Page 16 of 18 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 RFP 7288 Fundraising Consultant for the Senior Center Page 17 of 18 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: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. 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. RFP 7288 Fundraising Consultant for the Senior Center Page 18 of 18 [Optional] EXHIBIT “ ” CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.