HomeMy WebLinkAboutCM Pickleweed Advancement Team Fundraising ServicesAgenda Item No: 5
Meeting Date: July 6, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: Ken Nordhoff City Manager Approval:
SUBJECT: 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 JUNE 30, 2010)
RECOMMENDATION: Staff recommends that the Council adopt a resolution authorizing the City
Manager to execute a Professional Services Agreement with Russ Hamel to fundraise for the Picklweed
Community Center and Library for fiscal year 2009/10.
BACKGROUND AND ANALYSIS: Three years ago this month, the Pickleweed Community Center and
Library were re -opened after a significant renovation and expansion. While the City was successful in
raising funds to rebuild the center, additional funds are needed for specific program support and general
facility improvements. In October 2008, the City Council approved contacting with PRG, under a grant
from the Marin Community Foundation, to provide a defined organization for ongoing Pickleweed
fundraising. This effort resulted in the creation of the Pickleweed Advancement Team, or PAT. PAT
will provide community leadership or guidance regarding fundraising activities, however the services of a
professional fundraiser are needed to put the systems in place for a successful program. (See Attachment
A to the contract for a detailed list of duties.)
Russ Hamel has been working in Marin County for many years as the Development Director for
Community Action Marin. He has extensive experience in event planning, grant writing and the systems
needed for professional fundraising endeavors. His salary will be paid through Friends of San Rafael or
other outside revenue, and not from the City's General Fund. This agreement is intended to serve as a
`transition' until such time as a permanent Director of Development for PAT can be completed. Mr.
Hamel will be working part time, and retain his duties for Community Action Marin over the term of this
agreement.
FISCAL IMPACT: There is no net impact to the City's budget as there are no City funds expended for
these fundraising services. The estimated cost of services is $31,200 over the term of this agreement.
The City's 2009-2010 budget will need to be amended to reflect the costs of services. Offsetting revenues
of alike amount to pay for said services also necessitate a budget amendment.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaQe: 2
OPTIONS:
• Approve the Resolution and agreement as recommended
• Adjust the terms of the agreement
• Reject the Resolution and agreement.
ACTION REQUIRED: Approve the attached Resolution authorizing the City Manager to execute a
professional services agreement for fundraising services in support of the Pickleweed Advancement Team
objectives.
ATTACHMENT: Professional Services Agreement
W:\City Managers- WorkFile\Council Material\Staff Reports\09\2009-10 PAT Dev Director Staff Report.doc
I N DF.Y171111noW19013
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 JUNE 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 Agreement 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 6th day of July, 2009 by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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 1" 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.
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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'
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
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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
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
2 Harbor 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
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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 attorney's 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. CONTRACTOR's
taxpayer identification number is and CONTRACTOR certifies
under penalty of perjury that said taxpayer identification number is correct.
21. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL RUSSELL COLIN HAMEL
KEN NORDHOFF
City Manager Project Director
ATTEST:
ESTIIER BEIRNE
City Clerk
APPROVED AS TO FORM:
ROB EPSTEIN
City Attorney
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PROGRAM STRUCTURE AND IMPLEMENTATION OUTLINE
Pickleweed Fundraising Program
June 2009
I. ORGANIZATIONAL STRUCTURE OF THE FUNDRAISING PROGRAM
Pickleweed Advancement Team (P.A.T.)
(Development)
P.A.T.
Development Advisory Sub -Committee
San Rafael
City Manager's Once
City Support Team:
Community Services
Redevelopment
Events & Volunteers
Director of Development
Attachment A
Fundraising Marketing &
Communications
Grants
Events
Individual Gifts
Mail/Online Appeals
Friends of San Rafael
50i(c)(3)
(Financial)
Page 1
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 & CommitteesNPWCC PAT\Attachment A to Dev Dir contract.doc
Page 2
Attachment A
