HomeMy WebLinkAboutCC Resolution 8303 (Falkirk Cultural Center)RESOLUTION NO. 8 3 0 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE EXPENDITURE OF FALKIRK MEMBERSHIP FUNDS,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
(IN THE AMOUNT OF $8,325) WITH KAY SPRINKEL GRACE,
ORGANIZATIONAL CONSULTANT, FOR PROFESSIONAL SERVICES TO
CONDUCT A FUND RAISING FEASIBILITY STUDY FOR FALKIRK
CULTURAL CENTER AND THE BOYD HOUSE.
WHEREAS, Falkirk Cultural Center's Multi -Year Plan adopted by City Council in 1988
called for a capital campaign to continue with repairs and renovations according to the
priorities of health, safety, liability and preservation; and
WHEREAS, Falkirk has many maintenance needs such as: painting the mansion, opening
the third floor, creating a landscape master plan, automatic irrigation system, deer
fencing, rehabilitation of the Gardener's Cottage; and
WHEREAS, Falkirk is a symbol of the community and a source of civic pride, as well as
a ceremonial location for civic use; and
WHEREAS, The Fund Raising Feasibility Study will prepare staff and consultants to
conduct a successful Fund Raising Campaign to achieve major donors and increase
community support of Falkirk Cultural Center and the Boyd House; and
WHEREAS, outside support is needed to maintain the historic city facilities and offset
future capital improvement demands on the General Fund.
NOW, THEREFORE, BE IT RESOLVED the City Manager and the City Clerk are
authorized to execute an Agreement for Professional Services between the City of San
Rafael and Kay Sprinkel Grace, Organizational Consultant.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a Regulmeeting
of the City Council of Said City held on Monday the 31kd day of December. 1990, by
the following vote to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor
NOES: COUNCII.MEMBERS: None Mulryan
ABSENT: COUNCILMEMBERS: None
!7�Clerk
JE . LEONCINI, City
ORIGi���S 81563
PROFESSIONAL SERVICES AGREEMENT
This Agreement made and entered into this Third day of
Decei9be.. , 1990, by and between the City of San Rafael, a
municipacorporation, hereinafter referred to as "City" and Kay
Sprinkel Grace, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, City owns Falkirk and Boyd House, National Historic
Plans; and
WHEREAS, City desires to raise funds to improve and maintain
Falkirk Cultural Center and Boyd House; and
WHEREAS, a feasibility study is required in order to conduct
such fundraising; and
WHEREAS, Consultant is qualified and willing to prepare such
feasibility study as outlined in her proposal dated August 20,
1990, a copy of which is attached and incorporated herein as
Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. SCOPE OF SERVICES
A. Consultant
Consultant shall prepare a feasibility study by:
(1) Conducting confidential one-on-one interviews with
15 to 20 individuals representing:
(a) Civic leaders (elected and appointed)
(b) Opinion leaders (people who influence others)
(c) Corporation leaders or officers
(d) Foundation leaders or officers
(e) People of wealth
(f) People with close affinity for Falkirk (art-
ists, people married there, etc.)
(g) Members of Falkirk
(h) People/ organizations with interest in historic
issues.
(2) Developing an interview questionnaire for review
and approval by Falkirk;
(3) Sending follow-up letters and phone calls to ar-
range individual meeting times with persons identi-
fied by Falkirk;
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(4) Conducting interviews;
(5) Compiling and analyzing raw data both quantitative
and qualitative, based on questions in the inter-
view, covering community perception of programs and
services and potential donors;
(6) Preparing two (2) report(s):
(a) Ten copies of the Feasibility Study Report
will be provided of findings and recommenda-
tions on conducting a fundraising campaign.
This approximate nineteen (19) page report
will be bound in a spiral binder with cover
and useful for review by major donors.
(b) The second report is a confidential report for
the Falkirk Director that will identify by
name any sources of potential funding or
leadership who had indicated that this infor-
mation can be released.
(7) Presenting findings twice, to: Falkirk Staff and
City Council plus Cultural Affairs Commission.
B. Citv's Responsibilities
(1) City will identify individuals and prepare a list
containing names, telephone numbers and addresses;
(2) City will mail a letter prepared by Consultant and
signed by the Mayor to these individuals describing
the Feasibility Study and requesting an interview;
(3) Upon advance notice from Consultant, City will be
available to meet with Consultant concerning the
progress and other matters involving the Feasibili-
ty Study;
2. TERM
The term of this Agreement is from January 1, 1991 until April
1, 1991 unless terminated earlier as provided herein.
3. TIMELINE FOR SERVICES
Consultant agrees to begin the work described herein no later
than the date of execution of this agreement and agrees to
complete the work within the timeline set forth on page 3 of
Exhibit A, unless modified by mutual consent of the parties.
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COMPENSATION
City agrees to pay Consultant a flat fee of $600 per day for
thirteen 13 days of work or a total compensation of $7,800.
City shall pay an additional sum not to exceed $525 as
reimbursement of directly related expenses for such items as
tolls, local mileage, Federal Express/postage, phone, and
printing of report. City shall pay Consultant upon timely
presentation of invoices.
PRODUCTION AND OWNERSHIP OF DOCUMENTS
All statements, documents
Consultant for City pursuant
to standards set by City an
of City.
INDEPENDENT CONTRACTOR
or other materials produced by
to this agreement shall conform
d shall be the exclusive property
It is expressly understood and agreed to and by all that
Consultant, Consultant's employees, and agents while engaged
in carrying out and complying with any of the terms and
conditions of this agreement, are independent contractors and
not employees of City. Consultant, Consultant's employees,
and agents expressly warrant that they will not, at any time
or in any manner, represent that they are agents, servants, or
employees of City.
NON -ASSIGNMENT
This agreement contemplates the expert and unique services of
Consultant or Consultant's designee, Gwynn Lister. It is
recognized by the parties that a substantial inducement to the
City for entering into this agreement was, and is, the
professional reputation and competence of Consultant and her
designee. Consultant shall neither assign any interest in
this agreement nor subcontract portion of the performance
contemplated and provided for herein without the written
consent of City.
8. INDEMNIFICATION
Consultant agrees to defend, indemnify, protect, and hold City
and its agents, officers, and employees, harmless from and
against any and all claims asserted or liability established
for damages or injuries to any person or property, including
injury to (contractor or provider of services) employees,
agents or officers which arise from or are connected with or
are caused or claimed to be caused by the acts or omissions of
Consultant and its agents, officers or employees, in perform-
ing the work or services herein described, and all expenses of
investigating and defending against same; provided, however,
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that Consultant's duty to indemnify and hold harmless shall
not include any claims or liability arising from the estab-
lished sole negligence or willful misconduct of the City, its
agents, officers, or employees.
9. EOUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, Consultant, for
itself, its assignees and successors in interest, agrees as
follows:
(1) Compliance with Regulations:, Consultant shall comply
with the Executive Order 11246 entitled "Equal Employment
Opportunity,: as labor regulations (41 C.F.R. Par 60),
hereinafter referred to as the "Regulations."
(2) Nondiscrimination: Consultant, with regard to the work
performed by it after award and prior to completion of
the work pursuant to this Agreement, shall not discrimi-
nate on the grounds of race, color, religion, sex or
national origin in the selection and retention of
subcontractors, including procurements of materials and
leases of equipment.
(3) Solicitation for Subcontractor. Including Procurements of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiations made by Consultant
for work to be performed under any subcontract, including
procurements of materials or equipment, such potential
subcontractor or supplier shall be notified by Consultant
of Consultant's obligation under this Agreement and the
Regulations relative to nondiscrimination on the grounds
of race, color, religion, sex or national origins.
(4) Information and Reports: Consultant shall provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and will
permit access to its books, records, accounts, other
sources of information and its facilities as may be
determined by the City of San Rafael to be pertinent to
ascertain compliance with such Regulations, order and
instructions. Where any information required of Consul-
tant is in the exclusive possession of another who fails
or refuses to furnish this information. Consultant shall
so certify to the City of San Rafael and shall set forth
what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of noncompli-
ance by Consultant with the nondiscrimination provisions
of this Agreement, the City of San Rafael shall impose
such contract sanctions as it may determine to be
appropriate, including, but not limited to:
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(a) Withholding of payments to Consultant under the
contract until Consultant complies;
(b) Cancellation, termination, or suspension of the
Agreement, in whole or in part.
(6) Incorporation of Provisions: Consultant shall include
the provisions of paragraphs 1 through 5 in every
subcontract, including Regulations, order, or instruc-
tions issued pursuant thereto. Consultant shall take
such action with respect to any subcontractor or procure-
ment as the City of San Rafael may direct as a means of
enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event
Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, Consultant may request City to enter
such litigation to protect the interests of the City.
10. TERMINATION AND NOTICE
This Agreement may be terminated by City or Consultant at any
time upon ten (10) days after mailing or service of a written
notice. Any such notice shall be addressed to Consultant at
55 Capra Way, San Francisco, CA 94123; and to the City at P.O.
Box 151560, San Rafael, CA 94915-1560. In the event of
termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination,
provided, however, that City may condition payment of such
compensation upon delivery to City by Consultant of any and
all documents and materials prepared pursuant to this agree-
ment.
11. WHOLE AGREEMENT
This constitutes the entire agreement of the parties. No
modification or amendment of this agreement shall be valid
unless it is in writing and executed by all parties. To the
extent there is any conflict between this document and the
Consultant's proposal dated August 20, 1990, this document
takes precedence.
12. ARBITRATION
Consultant and City agree to submit any claims arising under
this lease to binding arbitration pursuant to the current -
provisions of the California Code of Civil Procedure and any
successor statutes.
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first written above.
CITY OF SAN RAFAEL
By: `
Pamela J. Ni olai
City Manager
ATTEST:
�a e M. Le cini
City Clerk
APPROVED AS TO FORM:
BY P i_
Tessle Belue
Assistant City Attorney
APPROVED S#Aff'rs
NT:
By:
Vau n S
Cu uralDirector
B \
Y :\J�
Carol Aaney
Falkirk Director,
Cultural Affairs Super isor
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ORGANIZATION CONSULTANT
B
Kay Sp inkel Gr ce
Consultant
KAY SPRINKEL GRACE
ORGANIZATIONAL CONSULTANT
55 CAPRA WAY
SAN FRANCISCO, CA 94J23
(415) 567-1755 ' �t
August 20, 1990
Carol Adney
Vaughn Stratford
Fallkirk Cultural Center
City of San Rafael
1400 Fifth Avenue, P.O. Box 60
San Rafael, CA 94915-0060
Dear Carol and Vaughn, 1.
It is a pleasure to follow up on our meeting of last week,
regarding the feasibility study you plan to undertake. The fund
raising effort you describe is indeed challenging, and a
community survey is essential to your planning process. This
proposal indicates our interest in pursuing this study with you.
Our response is presented according to points outlined in your
discussion with me, and also reflects our previous conversations.
This proposal has been prepared prior to my leaving for
vacation; I will have the letter and the questionnaire for you
when I return the first week in September.
A. General Approach to Study
Given the variety of the issues we surfaged in our
conversation with Lynn and Elise, a traditional feasibility study
involving confidential one-on-one interviews should be conducted.
This would involve approximately 15 to 20 interviews with
community funders, opinion leaders, and those who are familiar
with Fallkirk, Boyd House and other cultural opportunities
in the community._
We would utilize the following process for the external
feasibility study:
1. Fallkirk would identify individuals with the greatest
potential to be a) informative, b) interested and/or c) helpful
(40 - 60 names) and prepare of a list with names, telephone
numbers and addresses.
2. Fallkirk would prepare and mail a letter to these
individuals describing the Study and requesting an interview.
The letter, as we agreed would be prepared by the consultants and
signed by the Mayor.
C. Timeline
Upon acceptance of this proposal, we could begin.
Gwynn Lister, a Corte Madera -based consultant is most likely to
assist me with this study. She is a faculty member of The Fund
Raising School and a competent professional.
Timeline
1. Preparation of letter
and questionnaire
1.5
consultant
days
2. Setting up 15 - 20
interview appointments
1.5
consultant
days
3. External Feasibility
Study interviews
5
consultant
days
4. Data analysis
1
consultant
days
5. Report preparation
2
consultant
days
6. Delivery of report
.5
consultant
days
7. Miscellaneous meetings
with Executive Director
(includes phone time)
1.5
consultant
day's
Total -Time
13
consultant
days
Responsibility of Client.
Fallkirk would be responsible
for the
following:
1. Providing a list of external feasibility study interview
candidates, with phone numbers and addresses.
2. Producing and mailing the letter of invitation to
participate in the interviews (letter copy prepared by
consultants).
3. Availability for progress meetings.
4. Setting up any meetings (other than external interviews)
required to move study forward.
5. Prompt payment of consultant invoices.
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Fees and Expenses.
Daily fee for consultant services is $600 per day.
Additional expenses will include mileage, out of pocket
expenses on behalf of client, long distance phone calls, Federal
Express and special postage reauested by client, and cost of
reproducing interim materials and final study. Estimate costs
are the following:
Fees: -13 days at $600/day $ 7,800
Expenses:
Tolls (15 x $2) 30
Mileage (•500 x 22 cents) 110
Miscellaneous 50
Federal Express/postage 15
Phone 20
Printing (includes report) 300
Total Expenses: 525
Total Fees and Expenses Estimated: $ 8325
Sincerely
Kay prinkel Grace
A
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