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HomeMy WebLinkAboutCC Resolution 12773 (Pickleweed Advancement and Fundraising Services)RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RUSS HAMEL FOR PICKLEWEED ADVANCEMENT TEAM FUNDRAISING SERVICES (FROM JULY 1, 2009 TO NNE 30, 2010) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, the CITY has determined that it is in its best interest to obtain fundraising services for the Pickleweed Park Community Center and Library (hereinafter "Pickleweed") under the guidance of the Pickleweed Advance Team; and WHEREAS, Russ Hamel (hereinafter "CONTRACTOR") has experience in providing such fundraising services; and WHEREAS, the CITY desires to employ CONTRACTOR to provide such services and CONTRACTOR is willing and able to provide said services; and WHEREAS, all CONTRACTOR costs for services will be paid from Friends of San Rafael and other income and shall not be an obligation of the CITY. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute an Agreement for Professional Services with CONTRACTOR for the Pickleweed Community Center fundraising, a copy of which is attached. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 6`h day of July, 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, City Clerk PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND RUSSELL COLIN HAMELTO PROVIDE PROFESSIONAL FUNDRAISING SERVICES FOR THE CITY OF SAN RAFAEL This Agreement is made and entered into this I" day of July 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and RUSSELL COLIN HAMEL (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that it is in its best interest to obtain professional management and fundraising services to support the Pickleweed Advancement Team (hereinafter "PAT"); and WHEREAS, the CONTRACTOR has experience in providing such professional fundraising management services; and WHEREAS, the CITY desires to employ the CONTRACTOR to provide such services and CONTRACTOR is willing and able to provide said services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the PROJECT MANAGER and representative of the CITY for all purposes under this Agreement. B. CONTRACTOR. Russell Colin Hamel is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: A. PAT DIRECTOR OF DEVELOPMENT. See Attachment "A" for a listing of Director of Development duties. 3. DUTIES OF CITY. CITY shall perform the duties as follows: A. CITY MANAGER'S OFFICE. Provide coordination between City staff and Departments, Friends of San Rafael 501(c) 3, Director of Development, and PAT. 1 B. OFFICE SPACE. City shall provide desk space at the Pickleweed Community Center or other designated City offices for CONTRACTOR use. City shall be responsible for landline phone, computer and any web expenses. City shall provide a laptop for use during the term of this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CONTRACTOR and CITY agree to the following: Compensation shall total $30 per hour, up to a maximum of 20 work hours per week. All compensation to CONTRACTOR shall be funded from Friends of San Rafael, grant and outside fundraising revenue, and shall not be an obligation of the CITY. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on July 1, 2009 and end on June 30, 2010. Upon mutual agreement of the parties, and subject to the approval of CITY, the term of this Agreement may be extended for a period of one year. Contract renewals will be concurrent with the fiscal year running from July 1 -June 30`h. 6. TERMINATION. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of 0 the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one hundred thousand ($100,000) dollars per occurrence. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. B. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 10. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting from the negligent acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS.. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. NO THIRD PARTY BENEFICIARIES,. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in 3 any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO AGENCY: Ken Nordhoff City Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Russell Colin Hamel Project Director 21 larbor View Ct San Rafael CA 94901 (415)785-8491 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorneys fees expended in connection with such action. 20. AGENCY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a City of San Rafael business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Kk�l I OFF City Manager ATTEST: ESTHER BEIRNE City Clerk e, ROB EPSTEIN City Attorney 2 RUSSELL COLIN HAMEL le. U Project Director PROGRAM STRUCTURE AND IMPLEMENTATION OUTLINE Pickleweed Fundraisinq Program June 2009 I. ORGANIZATIONAL STRUCTURE OF THE FUNDRAISING PROGRAM I I Pickleweed Advancement Team( P.A.T.) San Rafael Friends of San Rafael (Development) I I City Managers Office I 501(c)(3) (Financial) E City Support Team: P.A.T. Community Services _ Development Advisory Sub -Committee Redevelopment (TBD) Events & (Volunteers Pickleweed Advisory Board 111 � i Director of Development Director of Development Support Stag (Future) Fundraising Marketing & 1 Communications Grants 1 Events Individual Gifts 1 Mail/Online Appeals Page 1 Attachment A PROGRAM STRUCTURE AND IMPLEMENTATION OUTLINE II. DIRECTOR OF DEVELOPMENT — Duties, Priorities & Functions 1. Professional Supports to Community Leadership Group o Assist with recruitment/retention o Training & support as PPCC "ambassadors" o Liaison with 501c3 "Friends" o Group meetings, record keeping, administrative follow-up 2. Coordination and Oversight of Fundraising Activities o Grants ■ Research/Identify/Prioritize sources ■ Grantwriting & Packaging ■ Oversight & Reporting o Events ■ Use of PPCC Events as background initiatives ■ Leader -specific gatherings (hosted tours, etc.) ■ Benefit Event for PPCC, TBD o Gift Solicitation (Individuals) ■ Research & rate prospects ■ Solicitor assignment and support ■ Direct solicitation, as appropriate o Mail/Online Appeals • Semi-annual mail appeals ■ Gather/manage donor and prospect database ■ Gift acknowledgement and record keeping (for all activities) 3. Marketing, Communications and Fundraising Collateral o Website with online donation features o PPCC Donor/prospect newsletter, semi-annual o Generic branding of PPCC countywide 4. Administration and Staffing o Recruit, develop and train successor Development Manager o As needed, recruit, train and direct support staff o Other duties as assigned WACity Managers- WorkFile\Boards & Committees\PWCC PATWftachment A to Dev Dir contract.doc Page 2 Attachment A