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23-055.00 Sports Facilities Advisory: Plantes Ferry Sports Complex Comprehensive Master Plan
Contract No. 23-055.00 AGREEMENT FOR PROFESSIONAL SERVICES Plante's Ferry Snorts Complex Comprehensive Master Plan Sports Facilities Advisory, LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Sports Facilities Advisory, LLC, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration, The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in Agreement for Professional Services (with professional liability coverage) Page I of 8 Contract No. 23-055.00 effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by March 17, 2023, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $100,000 as Rill compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Jason Clement, CEO Phone: 727-474-3845 Address: 600 Cleveland St. Suite 910 Clearwater, FL 33755 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state Agreement for Professional Services (with professional liability coverage) Page 2 of 8 Contract No. 23-055.00 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had.one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. Agreement for Professional Services (with professional liability coverage) Page 3 of 8 Contract No. 23-055.00 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against finds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating Agreement for Professional Services (with professional liability coverage) Page 4 of 8 Contract No. 23-055.00 of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall Punish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder- shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Dele ag tion. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter- into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees Agreement for Professional Services (with professional liability coverage) Page 5 of 8 Contract No. 23-055.00 that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. Agreement for Professional Services (with professional liability coverage) Page 6 of 8 Contract No. 23-055.00 E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Agreement for Professional Services (with professional liability coverage) Page 7 of 8 Contract No. 23-055.00 Titles H and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 3 8; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services — Exhibit A B. Fee Proposal — Exhibit B C. Insurance Certificates The Parties have executed this Agreement this CITY OF SPOKANE VALLEY A� K�w,-w John H unan, City Man ger APPROVED AS TO FORM: ice of the City Attorney ?' g day of 2023. SPORTS FACILITIES ADVISORY, LLC: �i 460", By: Evan Eleff, WSW, Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 Contract No. 23-055.00 So �,, oWane Valley, Exhibits A & B: Spokane Valley Scone of Work Date February 3, 2023, 2022 Prepared for Sports Facilities Advisory, LLC (SFC) Project Name PLANTE'S FERRY SPORTS COMPLEX COMPREHENSIVE MASTER PLAN The City of Spokane Valley (the "City") and Spokane County ("County") are contracting with The Sports Facilities Advisory, LLC ("Consultant") to develop a comprehensive master plan to guide the design and construction of phased improvements to Plante's Ferry Sports Complex ("the Complex"), a 95-acre regional sports complex serving primarily youth soccer, baseball and softball. The Scope of Work is specific to the Complex, which is owned and operated by the Spokane County Parks, Recreation & Golf Department. This project represents a partnership between the City and County to develop a public master planning document to determine and guide enhancements to the Complex. The project's primary goal is to generate a road map for the renovation of this outdoor sports complex to more effectively meet current needs and future demand for local sports programming (emphasis on youth programming), regional tournaments, and national events that could draw teams and attendees from beyond Spokane County. To do so, this project would seek several enhancements to the Complex, which could include, but may not be limited to converting natural turf fields to artificial field turf, adding LED field lighting, augmenting parking, creating vehicular and pedestrian traffic flow north and south, and utilizing the existing parkland more efficiently to increase capacity and utilization of the park's amenities. A component of the master development plan will be to establish a framework for a formal, long-term partnership between the County and the City for shared ownership, enhancement, operations, and maintenance of the Complex. The City and County have determined that it would be beneficial to identify the project scope, amenities and proposed phased implementation of identified enhancements with the goal of increasing tourism, visitors and national events that could draw teams and attendees to stay and shop in the City. Consultant will complete the steps outlined below to deliver a Final Master Plan to the City and County. Contract No. 23-055.00 Project Kick -Off Consultant will organize a formal call with the City and County staff to kick-off the project. This will include introductions of all key team members from the City and County, and Consultant; review of the project goals, scope of work and major steps within the scope; a data collection discussion to review available data, data that can be obtained through online research and information about the market that the City and County will share based on knowledge, presence and experience; and, project communication including next steps, an ongoing meeting schedule and dates for in market visits with the team and stakeholders. Existing Data Review & Market Analysis Following the Kick -Off call, Consultant will review and assess any available existing operating and program information the client has from existing operations, including, but not limited to, the following: • Spokane County 2020 Parks, Recreation & Open Space Plan • City of Spokane Valley Parks and Recreation Master Plan 2019 Update • City of Spokane Valley Parks & Recreation Guide • Spokane Rapids (https://www.spokanerapids.org/home) • Spokane County Recreation (https:Hteamsideline.com/sites/spokanecounty/home) This may also include program descriptions, schedules, organization/staffing information, operations resources, user group information, and other pertinent data. In addition to reviewing Client -supplied data, the Consultant will conduct local market research to further understand local opportunities and constraints. The customized market research will include a drive -time analysis of demographic factors like population and density, income and spending, growth trends, etc. Additionally, Consultant will conduct focused market specific sports and recreation factors such as participation trends, an analysis of existing service providers, and a review of local organizations. The Consultant will focus on both the immediate community need and the larger regional opportunity. Site Visit with Development Planning Session (DPS), Facility Tour, Market Tour and Competitive Facility Analysis Consultant will host a series of meetings, facility tours, and facilitate an in-depth strategy session with project stakeholders who were identified during the Kick -Off call. Site tours will include all the existing assets as well as any proposed new developments. This DPS will provide insights into the project history, scope, needs, purpose, goals, and constraints. This step also assists the Consultant in learning about potential contributions from program users and partners. The DPS will encompass discussions related to existing programs, project goals, and plans for site development, as well as topics such as the business model, the program plan, design/space 2 Contract No. 23-055.00 considerations, alliances with sports and other user groups, utilization, funding/financing, competition analysis and market share and the management and staffing plan. In addition to City and County assets, Consultant will visit complementary and competitive facilities in the local/regional area. This will also include municipal, privately -owned, and school facilities in the area. As a result, Consultant will provide an overview and assessment of competition and the resulting market opportunity. They will also use this as an opportunity to uncover local partnership opportunities and identify potential stakeholders for the process. Community Engagement Consultant will engage with staff, elected officials, community leaders, end users, and the community -at -large to gain alignment, develop a deep familiarity with the community and gather valuable input from decision -makers and residents alike through in -person or phone interviews, formal public meetings, and open -house workshops. Public forums will take place at CenterPlace Event Center or Spokane Valley City Hall to expand outreach during the market visit or additional days. The primary goals of Consultant's engagement initiatives are to: • Define the parameters of a successful project. • Determine the opportunities that exist and identify the challenges that must be addressed during the planning phase and through long-term operations. • Understand the current and future demand, as well as any real or perceived service gaps. • Gain insight and data to inform recommendations and projections for the project. City and County will provide a list of stakeholders, individuals, and community groups during the kick-off call and schedule the stakeholder engagement sessions. Outdoor Asset Condition Assessment and Prioritization of Needs During the Consultant's trip to market, our team will take facility tours with the City and County's team members to visit the Plante's Ferry Sports Complex and understand factors related to local use, tournament and event use, condition, capital improvement requirements, and more. Based on the insight gained and reflective of the team's other findings related to the opportunities for both community recreation and sports tourism, the Consultant will evaluate requirements and make recommendations for Plante's Ferry Sports Complex. If existing amenities within the park should be improved as part of the County's or City's Tourism Strategy, the Consultant will produce a set of prioritized recommendations as part of a phased implementation plan. Conceptual Design Development and Opinion of Cost Consultant will prepare a conceptual site plan, in AutoCAD, based on studies and analysis of prior tasks, City/County approval, and an understanding of the project goals. The Concept Site Plan will demonstrate appropriate field sizes and configuration, pedestrian paths and gathering spaces, parking arrangement and circulation. Detailed site layout (buildings, parking lots, Contract No. 23-055.00 individual lot lines, utility services, etc.) and site grading is not included in this task and would be an Additional Service. Upon City/County approval of the Concept Site Plan, Consultant will prepare an illustrative site plan. The illustrative site plan will add color to the black and white Concept Site Plan, to help convey design intent and proposed land uses. The illustrative site plan is not to be used to verify landscape requirements or code compliance, and is considered schematic in nature, to convey the intent of the project. This task excludes any 3-D renderings, perspectives or flythroughs. Based on the conceptual design, Consultant will also update the opinion of probable costs. Consultant will present to the Client Team, where limits will be outlined for the first phase of the implementation plan. The final deliverables will include the graphic plans, as well as a summary of the public input and design process as well as a discussion of construction phasing, environmental opportunities, and construction materials/practices. Detailed Financial Forecast Reflecting Recommended Capital Improvements The Consultant will complete more in-depth research/analysis to produce construction and renovation estimates with 5-year operating budgets ("pro forma") for key capital improvements recommended as part of the Outdoor Asset Condition Assessment. Key Capital improvements could include artificial field turf, field lighting, parking and traffic flow improvements, park amenities, and improved utilization of existing parkland. Consultant's pro forma documents will be detailed, institutional grade financial forecasts used to support decision -making and financing. The pro forma will provide insight into the financial potential of new park assets and will include projections related to construction and start-up costs, revenues/expenses by product/program, facility utilization, and more. The pro forma will provide the City and County with detailed financial projections related to, and based on: • The ideal operating and park programming models • Right -sized program spaces and space requirements • Construction and start-up costs based on recent, comparable projects • Recommended parking • Product/program revenue • Direct/variable costs (Cost of Goods Sold) • Facility and operating expenses • Management and staffing model • Utilization projections Economic Impact Projections Consultant will forecast the economic impact of the projected facility improvements on an annual basis. Economic impact is defined as new off -site spending that will occur in the market because of tournaments and events held at the facility. This information is used to project economic activity from out-of-town visitors who would not be in the market but for the events 11 Contract No. 23-055.00 that will be held at the facility. Consultant will provide an assessment of annual direct and indirect spending and estimated tax revenue for the City and unincorporated County resulting from the existing and future facilities at the Complex. The results, primarily quantified as room nights generated and direct spending, are used by elected officials and private developers alike to understand the impact that the venue will have on the lodging, dining, retail, entertainment, and transportation industries as well as on the tax base of the municipalities that benefit from new spending. Consultant's economic impact projections are developed based on projections for tournaments and events throughout the pro forma and reflective of several key drivers of economic impact, including: • Number of Events • Number of Teams • Number of Participants • Number of Affiliated Spectators • Percent of Participants and Affiliated Spectators from out -of -County • Length of Stay • Average Daily Rate (ADR) • Average Daily Expenditures (ADE) Through this economic impact analysis, Consultant will quantify the demand for local hotel rooms and other accommodations in the market. This information, coupled with the review of hotels onsite, will help provide the City and County with detailed recommendations as to the local market hotels and amenities analysis. Importantly, having access to the local STR report and working with the local tourism bureau will be important. Final Master Plan Upon completion of all steps outlined above, the Consultant will deliver the Plante's Ferry Sports Complex Comprehensive Master Plan to the City/County team. The Master Plan will provide a detailed overview of the future development opportunities and overview of all work completed to date. The final report or "road map" will meet and exceed all the tasks requested in the RFQ Scope of Work, including, but not limited to: • Report of analysis and recommendations based on short term, mid-term, and long-term needs assessment • Conceptual design and graphic representation of recommended park improvements • Prioritization of capital improvement projects & process improvements • Opinion of cost with phased implementation plan • Maintenance schedule and operational analysis • Framework (Intergovernmental Agreement) for a formal, long-term partnership between the County and City for shared ownership, enhancements, operations and maintenance of the Complex • Funding and acquisition alternatives Contract No. 23-055.00 a Economic impact analysis Timeline for Completion of Scope of Work 1 - Kick•Otl Call 2- Existing Data Review 6 Market Analysis a - Site Visit with UPS, Facility Tour, Market To.,, and C.mpetAive Facility Analysis 4 - Community Engagement 5. Outdoor Asset Condition Assessment a Pd.,Rization of Needs 6 - Conceptual Design Development and opinion of Cost PHASE H: Pro Forma: Financial and Econai 7 - Detailed Financial Forecast for Capital Improvements 8 - Economic Impact Projections PHASE 10: Final Report 9 - Final Report Full Client Project Team Project Team to Fu® Client Project Tenm One or more Client Full Client Full Client Full Client required; one meeting on send invitations to requiretl in person on Project Team Project Team Project Team Projod one of thus. days, 1 stakeholdowuser day 1 for 4 tours; one or repr.sentaGvos are required for required for first Team lour Zoom mceflrg. groups to meet mot. Client Projed optional for prelinflnary draft rom- of required for during klarketlSito I.— repro ..nt.-, sfit-holderluser group design review; 1 pro forma, final report Visit required for site tour on Interview meetings; day tour Zoom economic review; 1 day I or day 2. 1 and/or day 2, 1 tour meeting. impact, and sit. hour Zoom each, number TBD. design; 1a hour meeting. Zoom meeting. Exhibit B Fee Payment Structure Consultant shall provide invoices to the City of Spokane Valley for payment. The anticipated fee schedule is summarized below. Total compensation for services rendered, and all travel related expenses incurred shall not exceed $100,000. Invoice Date Fee February 28, 2023 $46,000 March 31, 2023 $46,000 Total: $92,000 Certificate of Insurance - Attached NH38931 A^ <1'® `(`--+('J'RLJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - 800-990-7465 (CA DOI # OG13561) Safehold Special Risk, Inc. CONTNAME: Cheryl Thim PHONE 603-570-5213 FAX 855-529-7684 A!C No E t : A/C No E-MAIL h te I.tm ADDRESS: rYhisafehold.com G INSURER(S) AFFORDING COVERAGE NAIC fl 230 Commerce Way, Suite 230 INSURER A: PA Manufacturers Association Ins. Co.. 12262 Portsmouth, NH 03801 INSURED INSURER B: INSURER C Sports Facilities Advisory, LLC INSURERD: 600 Cleveland Street INSURER E : Suite 910 INSURER F : Clearwater, FL 33755 COVERAGES CERTIFICATE NUMBER: 15679633 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR X 822201-12-70-98-2 10/01/2022 10/01/2023 EACH OCCURRENCE S 1,000,000 PREMISESEa occur ... $ 300,000 MED EXP (Any one person) S Excluded PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S None PRODUCTS - COMP/OP,AGG $ 2,000,000 X POLICY PRO- ❑ LOC JECT S OTHER: /� AUTOMOBILE LIABILITY X 152201-12-70-98-2 10/01 /2022 10/01 /2023 COMBINED ciSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDNON-OWNED X AUTOS ONLY FX AUTOS ONLY BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y I N 202201-12-70-98-2 10/01/2022 10/01/2023 X STATUTE ORH E.L. EACH ACCIDENT 1,000,000 S OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Spokane Valley is included as Additional Insured on a Primary & Non-contributory basis, as required by written contract, for consulting services provided as relates to a sports complex study. laKIIt-Il:Alt HULUCK 11AINt GLLfi11VIN City of Spokane Valley Attn: Christine Bainbridge, City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) Client#: 1560352 SPORTFACI DATE (MM/DD/YYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 1/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is en ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER NOMEACT Cynthia Staley USI Insurance Services, LLC AIC N . Exg_ 813 320-0119 2502 N Rocky Point Dr �Str 400 AD_oAIL Cindy.i.c_ staley@usom Tampa, FL 33607-1421 INSURER(S) AFFORDING COVERAGE: NAIC # 813 321-7500 --. -- - ------ — -- --.--- INSURER A: Scottsdale Indemnity Company 15580 INSURED INSURER B : Sports Facilities Advisory, LLC 600 Cleveland Street, Ste 910 Clearwater, FL 2,3755 INSURER D : INSURER E : r,nVrPArrq ('FzRTII=I(:&T;: MI IMRPR• REVISION NUMSEP: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER MM/DDNYYF MM/DDNYVY LIMITS COMMERCIAL GENERAL LIABILITY OCCURRENCE $ CLAIMS -MADE OCCUR pEAAqCHqq PREM,SS EaEoNcou ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECPRO- T LOC PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB JOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- FR AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liab EK13458933 2/30/2022 12130/2023 $3,000,000 Per Claim $3,000,000 Aggregate $25 000 Retention DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addiflonal Remarks Schedule, may be attached If more space Is required) RE: Plantes Ferry Sports Complex Comprehensive Master Plan. BEFORE City of Spokane Valley THE SHOULD EXANYP RATTIIONH DATE DESCRIBED NOTTICEI ELLED WILL ES CBE CDELIVERED N 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE - 1�*4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S38857760/M38708489 SFAZP NH38931 AC40 O® ��/� CERTIFICATE OF LIABILITY INSURANCE DATE (M1WiIDD/YYYY) 10/2/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - 800-990-7465 (CA DOI # OG 13561) Safehold Special Risk, Inc. 230 Commerce Way, Suite 230 CONTANAME CT Cheryl Thim PHONE 603-570-5213 FAX 855 529-7684 .fit): lac, No): E-MAIL ADDRESS: cheryl.thim@safehold.com INSURER(S) AFFORDING COVERAGE NAIC # Portsmouth, NH 03801 INSURERA: PA Manufacturers Association Ins. Co.. 12262 INSURED Sports Facilities Advisory, LLC 600 Cleveland Street INSURER B INSURER C : _ INSURER D : Suite 910 INSURER E : Clearwater, FL 33755 INSURER F: COVERAGES CERTIFICATE NUMBER: 15778271 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [K OCCUR X 822301-12-70-98-2 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 A PREMISES (Ea occurrence $ 300,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ None U JE LOC NPOLICY PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X 152301-12-70-98-2 10/01/2023 10/01/2024 Ea aB%EDtSIN L LIMIT S 1,000,000 BODILY INJURY Per ( Person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) 5 XIAUTOS PROPERTY DAMAGE Per accident $ HIRED x NON -OWNED ONLY AUTOS ONLY $ UMBRELLALUIB OCCUR EACH OCCURRENCE $ AGGREGATE 5 EXCESS LIAR CLAIMS -MADE DEO I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A 202301-12-70-98-2 10/01/2023 10/01/2024 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 H yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Spokane Valley is included as Additional Insured on a Primary & Non-contributory basis, as required by written contract, for consulting services provided as relates to a sports complex study. HULUtK City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attu: Christine Bainbridge, City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103)