Item No. 5.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY:BEN DICKOW, EXECUTIVE DIRECTOR OF THE CMSC/LIBRARY DIRECTOR DATE:OCTOBER 28, 2025
SUBJECT:
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH VICTORY
FUNDRAISING AND EVENTS FOR FUNDRAISING CONSULTING SERVICES FOR THE
COLUMBIA MEMORIAL SPACE CENTER
EXECUTIVE SUMMARY
The City Council will consider approving a professional services agreement with Victory Fundraising and Events for Fundraising Consulting Services at the Columbia Memorial Space Center to lead the fundraising efforts related to the second building expansion on the Space Center's campus. The Fundraising Consultant will be responsible for planning and implementing a comprehensive fundraising program that includes major gifts, corporate and foundation giving, grants, planned giving, and special events.
RECOMMENDATION
That the City Council:
1. Approve an agreement with Victory Fundraising and Events Inc. for Fundraising Consultant Services at the Columbia Memorial Space Center, for a one-year term beginning on October 28, 2025, with the option to extend for an additional two, one-year terms for a total contract amount of up to $126,000; and,
2. Authorize the City Manager to approve and execute all amendments to the agreement.
BACKGROUND
The Columbia Memorial Space Center (Space Center) is owned and operated by the City of Downey and was built on the site of the former NASA Downey facility. It is named the official national memorial to the Space Shuttle Columbia and honors the crew of STS-107 lost on February 1, 2003. The Space Center officially opened its doors to the public in October 2009. The innovative 20,000 square foot, two-story building features a robotics lab, high definition computer lab, and a wide range of interactive exhibits that provide engaging insights into space shuttle operations, living and working on the International Space Station, exploration of our solar system, aerospace engineering, and the range of fields of study and jobs related to human and robotic space exploration.
The Space Center is embarking on a second building expansion project to create a hub of creative and critical thinking for the youth and families of Downey and Southeast Los Angeles. With a groundbreaking date set for November 17, 2025, the second building expansion project will create an integrated campus that includes the second building to house new exhibits, additional youth STEM programming, and increased public meeting space.
Additionally, it will display the Space Shuttle mock-up "Inspiration" upon the completion of its refurbishment process.
While much progress has been made regarding fundraising for the second building expansion, additional funds are needed. As such, City staff determined that a fundraising consultant is needed to help lead fundraising efforts and help elevate current capital campaign strategies. Additionally, the fundraising consultant will help develop an annual giving campaign to provide reliable funding for day-to-day operations and unexpected needs, helping to ensure the financial stability and sustainable growth of the Space Center.
ANALYSIS
On May 16, 2025, the City issued a Request for Proposal (RFP) for Fundraising Consulting Services at the Columbia Memorial Space Center by posting the RFP on the City's eProcurement software, "PlanetBids" and opening it to public submissions. In addition to posting the RFP on the PlanetBids platform, the City also reached out to known fundraising consulting firms and invited them to submit a response to the RFP. Following the recruitment period, the City received four responses from various fundraising consultant firms. A team made up of City staff from the Downey Library and Space Center reviewed each proposal based on a comprehensive set of criteria, including: consultant expertise and competence, professional qualifications and experience relative to the project, the extent of services offered, references and success rate, ability to work effectively with City staff and representatives, and the proposed budget. After careful deliberation and scoring, Victory Fundraising and Events Inc. was ranked as the highest proposal.
Since 2011, Victory Fundraising and Events (Victory) has successfully partnered with numerous civic and nonprofit organizations, offering professional services in fundraising, donor cultivation, event production, and nonprofit management. The firm possesses both the experience to execute effective fundraising plans and to establish strong relationships with key donor stakeholders, corporate sponsors, and elected officials across Southern California. In addition to their fundraising expertise, the firm works closely with federal, state, and local policymakers, allowing them to effectively navigate public-private partnerships in ways that are respectful, strategic, and aligned with broader community impact.
As part of its proposal submission, Victory provided a detailed list of services that best matched the Space Center's specific needs. A key factor in their selection was the firm's clear understanding of the necessity to establish a fundraising infrastructure within the Space Center, including foundational work, planning, and the initial build-out.
Furthermore, Victory demonstrated a strong existing connection to the local aerospace donor base, which is a critical target sector for the Space Center's upcoming fundraising efforts.
Victory will work closely with the Space Center's Executive Director, staff, and Board of Directors to help execute the capital campaign for the new 30,000 square foot building and the rehabilitation of the first Space Shuttle mock- up ever built, and develop an annual giving campaign. The key responsibilities for Victory will be:
Developing and implementing a comprehensive fundraising plan to meet the Space Center’s annual revenue goals.
Identifying and cultivating annual, major, and planned gift prospects, as well as solidifying corporate and foundation donors.
Preparing and presenting periodic reports on the progress towards fundraising goals.
Planning and executing special events that engage donors and raise funds for the organization.
Creating a fundraising infrastructure for the Space Center that includes donor tracking, prospecting, cultivation, and regular check-ins with donors and prospective donors.
Collaborating with the Communications team to develop and execute effective donor communications and marketing materials including the creation of print, digital, and social media content.
Monitoring and analyzing fundraising data to evaluate performance and adjust strategies as needed.
Overseeing the grant writing process.
City staff recommends entering into an agreement with Victory Fundraising and Events Inc. for fundraising consulting services to help assist securing the additional funds required for the Space Center expansion project.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Quality of Life, Safety & Infrastructure
Public Engagement
FISCAL IMPACT
Approval of the recommended action will result in expenditure of $126,000 from the Columbia Memorial Space Center Fund (Fund 24), Account No. 24-4-4511-0700 as previously approved in the Fiscal Year 2025-2026 operating budget.
Attachments
ATTACHMENT A - PROPOSAL Victory Fundraising Services.pdf ATTACHMENT B - CMSC_Fund_Raising_PSA.pdf
PROPOSAL
F U N D R A I S I N G C O N S U L T A N T
F O R C O L U M B I A M E M O R I A L
S P A C E C E N T E R
PROPOSAL VALID :
30 MAY 2025
victoryfundraisingca.com
quimbygroup.com
Formerly Quimby Group Consulting
02 Victoria Hernandez
Principal, Victory Fundraising & Events
[email protected] / 714-504-0752
May 29, 2025
City of Downey
City Clerk’s Office
Attn: Benjamin Dickow, Executive Director
11111 Brookshire Avenue
Downey, CA 90241
RE: Proposal Submission – Fundraising Consultant for Columbia Memorial Space Center Dear Mr. Dickow,
On behalf of Victory Fundraising and Events (formerly Quimby Group Consulting (QGC)), I am pleased to submit our proposal to serve as the Fundraising Consultant for the Columbia Memorial Space Center. As a Southern California-based firm with over a decade of experience in strategic fundraising and event management, we are uniquely positioned to support your team in achieving the ambitious goals of your upcoming capital campaign and long-term development strategy.
QGC has successfully partnered with numerous civic and nonprofit organizations since 2011, providing professional fundraising, donor cultivation, event production, and nonprofit management services. Our strength lies not only in our ability to execute effective fundraising plans, but also in our strong relationships with key donor stakeholders, corporate sponsors, and elected officials across Southern California.
In addition to our fundraising expertise, our firm works closely with federal, state, and local policymakers, allowing us to effectively navigate public-private partnerships and conversations involving government participation. We understand how to engage political leadership in ways that are respectful, strategic, and aligned with broader community impact—an important asset when supporting a mission-driven organization like the Space Center.
We are inspired by the Columbia Memorial Space Center’s mission to ignite critical and creative thinking through science, innovation, and exploration—and we see great potential in helping steward the next chapter of its growth. Our team would be honored to support the expansion of the Space Center’s footprint, elevate its donor engagement strategies, and build a sustainable development framework that can serve the organization for years to come.
Thank you for the opportunity to be considered. We look forward to the possibility of partnering with the City of Downey and the Space Center team to advance this important work.
Warm regards,
Victoria Hernandez
Principal
Victory Fundraising & Events (Quimby Group Consulting)
A
Project Understanding
and Approach
1. Fundraising Plan Development
QGC will begin by analyzing CMSC’s existing donor data and historical fundraising performance. We use a master tracker or CRM (such as IDonate Pro) to map donor activity and establish realistic fundraising benchmarks. The plan will include quarterly financial targets, segmented donor pipelines, and specific engagement methods.
We develop individualized paths for each Board member and stakeholder to ensure alignment and accountability. These are supported through what we call “bundler profiles”; profiles that outline personal goals, timelines, and outreach strategies for each person involved in fundraising leadership.
03 2. Prospect Identif ication and Cultivation
We will assess CMSC’s current donor and prospect base to identify opportunities for annual, major, and planned giving. If an existing CRM is in place, we will utilize and ref ine it; if not, we can provide options for systems that facilitate cultivation tracking. Donor segmentation strategies will ensure personalized outreach and meaningful connections.
3. Reporting and Goal Tracking
Progress will be tracked using our master tracker or CRM dashboards and shared via monthly reporting. These reports will include revenue-to-goal comparisons, prospect pipeline updates, and activity logs for accountability.
4. Donor Engagement Events
QGC produces more than 20 events annually, ranging f rom large galas to intimate donor receptions. We recommend hosting a signature event such as "A Night Under the Stars," designed to showcase the unique value of the Space Center. We also suggest private tours and small hosted gatherings for high-capacity donors. Larger-scale event pricing is included in our cost proposal.
5. Inf rastructure and Donor Tracking
We will implement or enhance CMSC's fundraising inf rastructure, including donor engagement stages, follow-up systems, and prospect data management—with flexibility to work within the CRM of your choice.
6. Communications and Messaging
Our team will collaborate with CMSC's communications staff to create campaign-focused donor messaging, including fundraising appeals, email communications, and impact updates. Messaging will be tailored to elevate the capital campaign and deepen donor relationships.
7. Performance Evaluation
We will evaluate campaign effectiveness by comparing performance data against historical benchmarks and adjusting strategy accordingly. Data analysis will guide shifts in focus and identify new opportunities.
8. Grant Writing Oversight
We are prepared to either oversee or directly manage the grant writing process, based on the Space Center's internal capacity. This includes identifying funding opportunities, preparing narratives, and tracking deadlines
B
04 C. Tentative Schedule by Phase and Tasks to Be Completed Phase Timeline Phase Goal Key Tasks
Phase 1 Months 1–2
Initial Discovery &
Planning. Donor
Research & Strategy
- Review donor data and materials - Interview
stakeholders - CRM setup or refinement - Develop
comprehensive fundraising plan with segmented
benchmarks
Phase 2 Months 3–6
Implementation &
Communications.
Event Planning and
Outreach
- Implement bundler profiles - Major donor outreach -
Plan/host first engagement event - Launch
grant/foundation outreach
Phase 3 Months 7–12
Continued
Implementation and
engagement.
Assessment of
fundraising plan.
- Maintain monthly donor cultivation - Provide
quarterly reporting - Host second engagement event
(optional) - Conduct campaign analysis and future
planning
D. Estimated Hours by Phase
Phase Timeline Phase Goal Key Tasks Estimated
Hours
Phase 1 Months 1–
2 Initial Discovery &
Planning. Donor
Research & Strategy
- Review donor data and materials - Interview
stakeholders - CRM setup or refinement -
Develop comprehensive fundraising plan with
segmented benchmarks
100
Phase 2 Months 3–
6 Implementation &
Communications.
Event Planning and
Outreach
- Implement bundler profiles - Major donor
outreach - Plan/host first engagement event -
Launch grant/foundation outreach
150
Phase 3 Months 7–
12 Continued
Implementation and
engagement.
Assessment of
fundraising plan.
- Maintain monthly donor cultivation - Provide
quarterly reporting - Host second engagement
event (optional) - Conduct campaign analysis
and future planning
230
C
D
05 E. Services and Data Requested f rom City of Downey
Access to past fundraising reports and donor database (if available) Introduction to key board members and stakeholders
Coordination with internal communications team
Space Center calendar of programs and availability for event planning E
F. Proposer Qualif ications and Examples of Similar Work Victoria Hernandez, Principal of Quimby Group Consulting and Victory Fundraising & Events, brings over a decade of high-impact fundraising experience across multiple sectors, including nonprof its, PACs, political campaigns, and mission-driven organizations. She has personally helped raise millions of dollars in support of local, regional, and statewide initiatives. Known for her relationship- driven approach, Victoria excels at building strategic networks, engaging high- value donors, and mobilizing board members as effective ambassadors and fundraisers.
Her work has ranged f rom supporting bipartisan propositions, such as the successful $17 million campaign for Proposition 36, to advancing the long-term development efforts of regional organizations like the South Orange County Economic Coalition. Her ability to navigate diverse donor landscapes and governmental relationships has been a key asset in each engagement.
Victoria is also highly experienced in developing collaborative fundraising environments, working seamlessly with other consultants, and adapting to the evolving needs of each campaign or organization.
F
F. Proposer Qualifications and Examples of Similar Work Case Study: South Orange County Economic Coalition
Founded in 1969, the South Orange County Economic Coalition (SOCEC) has been the leading voice for business and economic vitality in South Orange County. In the past year, we have grown SOCEC's membership revenue by 30%. As a membership-based organization, we implemented a CRM system to create profiles of prospective members and developed consistent engagement strategies through regular meetings and quarterly events. We also leveraged board member relationships to facilitate strategic one-on-one and small-group meetings. SOCEC is a small but highly influential advocacy group in the region, and our work includes regular presentations and close collaboration with board leadership. 06 F
F. Proposer Qualifications and Examples of Similar Work Case Study: Proposition 36 Fundraising
In the recent election cycle, our team was part of the statewide fundraising coalition for Proposition 36—a bipartisan initiative that reclassified certain misdemeanor theft and drug crimes as felonies. This was a high-stakes effort that ultimately raised over $17 million and passed with 70% of the statewide vote.
Quimby Group Consulting played a key role in the Southern California region, where we raised more than 50% of the total campaign contributions. Our work involved leveraging relationships not only in Orange County but across the state. We collaborated closely with other fundraisers and firms, reflecting our belief in collective impact and team-driven success.
We created donor-specific collateral, coordinated statewide messaging, and conducted direct presentations to major donors to educate and motivate support. Additionally, we developed and maintained a master tracker to coordinate outreach efforts and ensure accountability across all fundraising teams. This campaign highlighted our ability to engage stakeholders, manage complex messaging, and deliver results in high-pressure, high- visibility environments.
Case Study: Fundraising Galas
Quimby Group Consulting manages multiple high-impact fundraising galas annually that serve as critical revenue generators for our clients. We understand that for many organizations, their gala may be the only time they directly solicit contributions each year— making strategic planning and flawless execution essential.
For longstanding clients such as Speak Up Newport and the Orange County Black Chamber of Commerce, we begin preparations at least six months in advance. Our process includes updating all marketing collateral, finalizing donor prospectuses, and preparing customized sponsorship packages. We build a master tracker of past and potential sponsors and begin outreach early to secure commitments and allow for promotional visibility.
Our team handles save-the-date distribution, consistent email campaigns, and personalized calls and emails to major donors and title sponsors. These events typically draw between 250 and 1,000 guests and consistently meet or exceed fundraising goals. We take pride in our track record. QGC has never fallen short on a fundraising target for our gala clients. 07 F
To ensure efficiency, transparency, and coordination, Victory Fundraising & Events employs a suite of best-in-class project management and fundraising tools IDonate PRO – Designed by fundraisers for fundraisers,
IDonate PRO is a comprehensive donor management
platform that allows us to manage all aspects of fundraising, consulting, lobbying, campaign outreach, and event
management from a centralized hub. Tailored specifically for political and nonprofit fundraising, it enables the cross- comparison of donor data across multiple campaigns and
sources, manages and tracks RSVPs, and streamlines event planning and execution.
Asana – A web-based, collaborative project management
tool used for task tracking, workflow automation, and
deadline management. Asana ensures that our team and
our clients stay aligned and accountable throughout every stage of the project.
Microsoft Teams & Microsoft Office Suite – For internal coordination, document sharing, communication, and
reporting, we rely on the full Microsoft ecosystem to
maintain seamless collaboration and organization.
Hootsuite & Social Media Platforms – When part of the
campaign involves public engagement or donor
communications through digital channels, we manage and
schedule content using Hootsuite and integrate campaign messaging across platforms like Facebook, Instagram, and LinkedIn.
Email Hosting & Campaign Tools – We are proficient in
platforms such as Constant Contact, Mailchimp, and WIX for email campaign management, event promotion, and
website hosting. These tools allow us to create branded outreach, automate donor follow-up, and maintain engaging communications aligned with campaign goals. WIX is also used for integrated event registration and donation
management.
Canva – We use Canva for rapid content development and
design. From event flyers to donor impact reports and social media graphics, Canva helps us produce professional,
visually consistent materials efficiently and collaboratively.
MANAGEMENT TOOLS & TECHNOLOGY
IDONATE PRO
08 F
Each of these tools is web-based, collaborative, and tailored for both project documentation and long-term archive access—ensuring a smooth transfer of institutional knowledge and donor data should it be needed beyond the engagement.
ASANA
MICROSOFT
HOOTSUITE
CONSTANT
CONTACT
MAILCHIMP
WIX
CANVA
G. PROPOSER BACKGROUND
09 2. Recommended Project Approach and Steps
Our approach is detailed in Section B: Project Understanding and Approach. In summary, we begin with an assessment of donor and institutional data, develop a master fundraising plan, and implement a strategy with trackable benchmarks and relationship-based outreach. We use CRMs like IDonate Pro to track activity, and we coordinate events, calls, collateral, and grant strategies in partnership with clients. No subcontractors are proposed for this project.
3. Proposed Schedule of Work
Outlined in Section C: Tentative Schedule by Phase and Tasks. The project is structured over a 12- month period with core benchmarks each quarter. Open to adjustements and conversation about this.
4. City Staff Support Needed
Outlined in Section E: Services and Data Requested f rom City of Downey. Key support includes access to donor data, introductions to stakeholders, communications coordination, and scheduling support for events and donor meetings.
G
1. Proposer Prof ile and Qualif ications
Victory Fundraising & Events (formerly Quimby Group Consulting) is a Southern California- based f irm offering premier fundraising, event planning, and organizational strategy services.
Founded and led by Victoria Hernandez, our f irm works with a diverse range of clients; including municipal advocacy groups, nonprof it organizations, PACs, and candidates at the local, state, and federal levels. Our team has deep experience engaging donors, coordinating high-caliber events, navigating government partnerships, and advising on sustainable development strategies.
Victoria Hernandez is not only the principal of the f irm but also serves as Executive Director of the South Orange County Economic Coalition (SOCEC). In this role, she works closely with numerous local government agencies—including transportation authorities, water districts, and municipal planning departments—advocating for critical inf rastructure and development projects across the region. One notable initiative was her leadership in supporting the Laguna Hills Mall redevelopment project, coordinating advocacy efforts, stakeholder communications, and public messaging. Victoria regularly writes op-eds, delivers public comment at city council meetings, and facilitates robust advocacy forums that educate both the public and decision- makers on local and statewide issues. Her experience reflects a deep understanding of municipal processes, public-private partnerships, and strategic community engagement— making her uniquely qualif ied to support organizations operating in a civic and governmental context.
About Our Agency
Victoria Hernandez will serve as the
lead consultant on this project. With
more than a decade of experience in
fundraising strategy and event
coordination, Victoria has overseen
multi-million dollar fundraising efforts
and organizational development
campaigns. She is deeply experienced
in communicating with boards,
managing donor portfolios, and
collaborating with city and county
governments on capital efforts.
Kendall Carter will serve as Executive
Assistant, supporting the day-to-day
operations of this project. Kendall will
manage scheduling, event logistics,
donor communications, and backend
data organization to ensure seamless
execution of the fundraising plan.
5. KEY PROJECT PERSONEL
VICTORIA HERNANDEZ
KENDALL CARTER
10 If additional event planning support is
required, Kristen Mitchell will be
engaged. Kristen brings over 15 years of
experience in event management,
having led events for the Muckenthaler
Museum and Marconi Auto Museum.
She has worked with Quimby Group for
four years and specializes in high-
quality, large-scale event production.
KRISTEN MITCHELL
Victory Fundraising & Events (formerly QGC) has a dedicated team of five full-time and part-time staff members, two interns, and a trusted network of over 20 professionals who assist with specialized projects as needed. Here are the primary personnel for this project:
G
*G6 is included on a separate compensation page*G7 is included on the next page section H
Client References
Former Executive Director- OCTAX
Owner of Communications Lab
Orange City Councilmember
[email protected]
714-878-4864
We serve as the organizational management and events
firm for the Orange County Taxpayers Association. Our role includes overseeing all financial operations and event
logistics, managing member interfaces, and coordinating Board communications. We produce four annual
luncheons and a high-profile fundraising gala which
generates over 60% of OCTAX’s annual operating revenue.
We have worked with them since 2023.
Bobby McDonald- President of OC Black Chamber
[email protected]
714-719-9789
We have worked with the Orange County Black Chamber
of Commerce for over 10 years. Our role includes
producing their annual fundraising gala and their Future Leaders Luncheon—both of which serve as signature
events supporting the Chamber’s mission and outreach
efforts.
HON. ARIANNA BARRIOS
ORANGE COUNTY BLACK
CHAMBER OF COMMERCE
11 California State Assemblywoman, 74th District
[email protected]
949-287-9211
Since 2019, we have served as the lead fundraising
operation for Assemblywoman Diane Dixon. In addition to managing her individual campaign finance efforts, we
support broader statewide fundraising as she serves as the Finance Chair for the Assembly Caucus. We meet with
donors throughout the state and manage a robust finance plan that has raised millions of dollars. Our work includes strategic planning, event execution, donor
communications, and network development to sustain
high-volume campaign operations.
ASSEMBLYWOMAN DIANE DIXON
H
The following clients are all current & long-term. They are predominately managed by Victoria Hernandez and Kendall Carter with events managed by Kristen Mitchell
12 Contact us
PHONE :
ADDRESS :
WEBSITE :
715-504-0752
17602 17th St. Suite #102-154
Tustin, CA 92780
www.victoryfundraisingca.com
www.quimbygroup.com
Please don’t hesitate to contact us with any questions or requests for additional information.
Thank you for the opportunity to submit our
proposal for Fundraising Consultant Services
for the Columbia Memorial Space Center.
At Victory Fundraising & Events (formerly
Quimby Group Consulting), we are deeply
passionate about supporting organizations
that inspire innovation and serve the public
good. We believe in the Space Center’s
mission and are confident in our ability to
help you meet and exceed your fundraising
goals.
Should we be given the opportunity, we look
forward to working closely with your team,
board members, and stakeholders to build a
campaign that honors the Space Center’s
legacy and future impact.
Columbia Memorial Space Center
Fundraising Consultant
PREPARED FOR: CITY OF DOWNEY
PROPOSAL
F U N D R A I S I N G C O N S U L T A N T
F O R C O L U M B I A M E M O R I A L
S P A C E C E N T E R
PROPOSAL VALID :
30 MAY 2025
victoryfundraisingca.com
quimbygroup.com
Formerly Quimby Group Consulting
C O M P E N S A T I O N
Proposal Budget &
Compensation Structure
2 Cost Alignment Narrative
The proposed monthly retainer of $10,500 includes up to 40 hours of consulting and project execution each month. This equates to an effective hourly rate of $262.50/hour, which aligns with our tiered hourly rates and accounts for a blend of principal consulting, associate support, and administrative coordination.
Across the 12-month engagement, this structure allows for approximately 480 hours of dedicated support (not including optional events), covering strategy, execution, communication, and reporting.
Compared to the industry-standard fundraising commission of 15%—which would total $150,000 on a $1 million goal—our total proposal of $126,000 remains below benchmark while delivering high-level strategic value, predictable monthly costs, and consistent accountability.
This model provides cost transparency, built-in flexibility, and measurable outcomes that reflect best practices in nonprofit and campaign fundraising.
Total Not-To-Exceed Fee: $126,000
(Based on a 12-month engagement, inclusive of fundraising strategy, campaign execution, donor development, and support.)
I
Victory Fundraising & Events (formerly Quimby Group Consulting) A. Monthly Retainer
Monthly Fee Annual Total $10,500 monthly, $126,000 per year.
Service Description: Strategic Fundraising Management, Capital Campaign Leadership, Donor Cultivation, Board Coordination, Communications Strategy, Grant writing oversight. *Includes up to 40 hours/month of consulting support and project execution.
B. Hourly Rate Schedule (for Additional/Extra Work)
Role Hourly Rate:
Lead Consultant / Principal $185
Associate Consultant $115
Administrative Support $50
C. Project-Based Add-On Pricing (Optional Services)
Project Fee:
Donor Stewardship Event (Planning, Promotion, Execution – up to 250 attendees) $5,000/event Large Donor Stewardship Event (Planning, Promotion, Execution – up to 900 attendees) $12,000/event D. Reimbursable Expenses (as needed, billed at cost)
Travel/mileage
Printing and production of donor materials
Postage or shipping
Event-specific vendor costs (if pre-approved)
3 Contact us
PHONE :
ADDRESS :
WEBSITE :
715-504-0752
17602 17th St. Suite #102-154
Tustin, CA 92780
www.victoryfundraisingca.com
Please don’t hesitate to contact us with any questions or requests for additional information.
Thank you for the opportunity to submit our
proposal for Fundraising Consultant Services
for the Columbia Memorial Space Center.
At Victory Fundraising & Events (formerly
Quimby Group Consulting), we are deeply
passionate about supporting organizations
that inspire innovation and serve the public
good. We believe in the Space Center’s
mission and are confident in our ability to
help you meet and exceed your fundraising
goals.
Should we be given the opportunity, we look
forward to working closely with your team,
board members, and stakeholders to build a
campaign that honors the Space Center’s
legacy and future impact.
Columbia Memorial Space Center
Fundraising Consultant
PREPARED FOR: CITY OF DOWNEY
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH VICTORY FUNDRAISING AND EVENTS
FOR FUNDRAISING CONSULTANT SERVICES
FOR THE COLUMBIA MEMORIAL SPACE CENTER
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of October, 2025 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and Victory Fundraising and Events, Inc., a California corporation, with its principal place of business at 17602 17th St. Suite #102-154, Tustin, California 92780 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Fundraising Consultant services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing Fundraising Consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Columbia Memorial Space Center – Fundraising project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Fundraising Consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exh ibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
2 3.1.2 Term. The term of this Agreement shall be from October 28, 2025 to October 27, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contra ctor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.3 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personn el who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
3 a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.4 City’s Representative. The City hereby designates Roger Bradley, City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Consultant’s Representative. Consultant hereby designates Victoria Hernandez, Principal Owner, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all por tions of the Services under this Agreement.
3.2.6 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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4 3.2.8 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.9.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same ins urance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
5 personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation: Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.9.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.9.3 Professional Liability (Errors & Omissions). Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.9.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultant’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 f orms if later revisions are used).
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6 (B) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(C) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.9.5 Primary Coverage. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
3.2.9.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.9.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.
3.2.9.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.9.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
7 this Agreement shall not waive the Consultant’s obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.9.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) If coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall no t be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty-Six Thousand Dollars ($126,000) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
8 appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
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9 • Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Victory Fundraising & Events
17602 17th St. Suite #102-154
Tustin, California 92780
Phone: (715) 504-0752
Attn: Victoria Hernandez, Principal Owner
City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: Roger Bradley, City Manager
With a courtesy copy to:
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10 City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in wr iting that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such ma terials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shal l be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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11 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to “design professionals” only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever fo r any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
12 the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury , in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City’s officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Cons ultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
13 the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
14 applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitm ent or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement.
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15 CITY OF DOWNEY, Victory Fundraising and Events, Inc. a California municipal corporation a California Corporation and charter city
By: By: ______________________________ Hector Sosa, Mayor Victoria Hernandez,
Its: Principal Owner
Attest: :
Maria Alicia Duarte, City Clerk
Approved as to Form:
__________________________
John M. Funk, City Attorney l
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1 EXHIBIT "A"
SCOPE OF SERVICES
The Fundraising Consultant will be responsible for planning and implementing a comprehensive fundraising program that includes major gifts, corporate and foundation giving, grants, planned giving, and special events. The successful candidate will work closely with the Space Center’s Executive Director and Board of Directors to develop and implement fundraising goals and strategies, as well as successfully execute the current capital campaign that includes funding a new, 30,000 square foot building and the rehabilitation of the first Space Shuttle ever built.
Key Responsibilities
• Develop and implement a comprehensive fundraising plan to meet the organization’s annual revenue goals
• Identify and cultivate annual, major and planned gift prospects, as well as corporate and foundation donors
• Prepare and present periodic reports on progress towards fundraising goals • Plan and execute special events that engage donors and raise funds for the organization
• Create a fundraising infrastructure for the Space Center that includes donor tracking, prospecting, cultivation, and regular check-ins with donors and prospective donors • Collaborate with the Communications team to develop and execute effective donor communications and marketing materials including the creation of print, digital and social media content
• Monitor and analyze fundraising data to evaluate performance and adjust strategies as needed
• Oversee the grant writing process
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2 EXHIBIT "B"
COMPENSATION
Proposal Budget & Compensation Structure
Victory Fundraising and Events
Cost Alignment Narrative
The proposed monthly retainer of $10,500 includes up to 40 hours of consulting and project execution each month. This equates to an effective hourly rate of $262.50/hour, which aligns with our tiered hourly rates and accounts for a blend of principal consulting, associate support, and administrative coordination.
Across the 12-month engagement, this structure allows for approximately 480 hours of dedicated support (not including optional events), covering strategy, execution, communication, and reporting. Compared to the industry-standard fundraising commission of 15%—which would total $150,000 on a $1 million goal—our total proposal of $126,000 remains below benchmark while delivering high -level strategic value, predictable monthly costs, and consistent accountability.
This model provides cost transparency, built-in flexibility, and measurable outcomes that reflect best practices in nonprofit and campaign fundraising.
Total Not-To-Exceed Fee: $126,000
(Based on a 12-month engagement, inclusive of fundraising strategy, campaign execution, donor development, and support.)
A. Monthly Retainer
Monthly Fee Annual Total $10,500 monthly, $126,000 per year.
Service Description: Strategic Fundraising Management, Capital Campaign Leadership, Donor Cultivation, Board Coordination, Communications Strategy, Grant writing oversight.
*Includes up to 40 hours/month of consulting support and project execution.
B. Hourly Rate Schedule (for Additional/Extra Work)
• Role Hourly Rate:
o Lead Consultant / Principal $185
o Associate Consultant $115
o Administrative Support $50
C. Project-Based Add-On Pricing (Optional Services)
• Project Fee:
o Donor Stewardship Event (Planning, Promotion, Execution – up to 250 attendees) $5,000/event
Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0
3 o Large Donor Stewardship Event (Planning, Promotion, Execution – up to 900 attendees) $12,000/event Event-specific vendor costs (if pre-approved)
D. Reimbursable Expenses (as needed, billed at cost)
• Travel/mileage
• Printing and production of donor materials
• Postage or shipping
• Event-specific vendor costs (if pre-approved)
Docusign Envelope ID: FE568F1D-917D-4395-9915-D0B577A586D0