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22-143.03JohnsonConsultingTourismStrategyCenterPlace CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND JOHNSON CONSULTING Spokane Valley Contract#22-143.03 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract for a tourism study, including a marketing strategy and operational review of CenterPlace Regional Event Center, by and between the Parties, executed by the Parties on August 24, 2022, and which terminates on Dec. 31, 2023. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are as follows. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The time for performance in section 2 of the Original Contract is extended to June 30, 2024. 4. Compensation Amendment History: This is Amendment #3 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount August 24,2022 $ 93,500.00 Amendment#1 January 18, 2023 $ 27,500.00 Amendment#2 May 26,2023 $ 0.00 Amendment#3 To be executed $ 0.00 Total Amended Compensation $121,000.00 The parties have executed this Amendment to the Original Contract this 2� day of December 2023. C TY O OKANE VALLEY: JOHNSON� C,NSULTING: 44t(1.111tA I 45 John H man s , By: Charles Ala hnson • City nager v Its: President APPROVED AS TO FORM: is the City orney 1 Contract No.22-143.00 AGREEMENT FOR SERVICES C.H.Johnson Consulting,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and C.H. Johnson Consulting, Inc., 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 will 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 effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by June 1, 2023, unless the time for performance is extended in writing by the Parties. Agreement for Services(without professional liability coverage) Page 1 of 8 Contract No.22-143.00 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 a flat fee of S93,500.00,(which includes Washington State Sales Tax if any is applicable)as full 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: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name:C.H.Johnson Consulting,Inc. Phone:(509)720-5000 Phone:312-447-2010 Address: 10210 East Sprague Avenue Address:6 E Monroe St.,5th floor Spokane Valley,WA 99206 Chicago,IL 60603 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 warrants 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 antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or Agreement for Services(without professional liability coverage) Page 2 of 8 Contract No.22-143.00 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 described 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 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form Agreement for Services(without professional liability coverage) Page 3 of 8 Contract No.22-143.00 CO 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. 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. 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 funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish 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. Agreement for Services(without professional liability coverage) Page 4 of 8 Contract No.22-143.00 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 Delegation. Neither Party may 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 that an 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). Agreement for Services(without professional liability coverage) Page 5 of 8 Contract No.22-143.00 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. 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. 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. Agreement for Services(without professional liability coverage) Page 6 of 8 Contract No.22-143.00 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); Titles II 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 38; 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); Agreement for Services(without professional liability coverage) Page 7 of 8 Contract No.22-143.00 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 el seq.). 22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 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 and Fee Schedule B. Insurance Certificates The Parties have executed this Agreement this zvf'day of /-..y0 cr— ,20 Z'Z.. CITY OF SPOKANE VALLEY Consultant: ritA_ it_ El' 13__ n Hohman,City Manager 14 Pr 12L CS OH i JS ON g B :Y C Its: Authorized Representative APPROVED AS TO FORM: Office o e City rney Agreement for Services(without professional liability coverage) Page 8 of 8 SIokane 40jValley. Exhibit A:Spokane Valley Scope of Work Date August 4,2022 Prepared for C.H.Johnson Consulting Project Name TOURISM STUDY Consultant will: Complete five primary study elements in the process to identify and prioritize a Tourism Strategic Plan for the City of Spokane Valley: 1. Strategic Planning Evaluate the 2016 plan and develop new vision and strategies 2. Past Project Review Analyze past prioritized projects and recommend fresh approaches and prioritization 3. New opportunities Identify new development opportunities along with economic impact analysis of past and new projects 4. Revenue Streams-Implications Present implications of new findings and possible revenue streams to appropriate stakeholders. 5. Report Production Prepare a graphic rich report and present findings/conclusions with recommended new directions 1.0 STRATEGIC PLAN DEVELOPMENT 1.1 PROJECT STEERING COMMITTEE The process would begin by engaging Spokane Valley City staff to refine the planning scope to ensure it fully meets the goals and desires of the City.A Project Steering Committee will be identified to assist in project oversight and direction and helping to ensure broad buy-in with the final plan.The Planning Team would work with the City to ensure appropriate representation of public and private tourism stakeholder interests.Suggested stakeholders could include the Greater Spokane Valley Chamber of Commerce,Spokane County,Liberty Lake,local land and trail conservancy organizations,the HUB and other area sports organizations,hospitality industry,and various retail and leisure business representatives. The following roles are anticipated for the Committee: • • Help Spokane Valley City staff in directing and reviewing Planning Team efforts, • Review preliminary findings of the updated plan and provide feedback, • Provide recommendations to the City for TSPPDP adoption. 9 A kick-off meeting would be held with the Project Steering Committee to identify the key stages of the process and anticipated timing.Through these efforts,the Steering Committee will be involved in shaping the plan from the early stages and recognize that their direct involvement is valuable throughout the planning process. 1.2 DESTINATION ASSESSMENT PROCESS With a Project Steering Committee in place,the next study element would focus on a destination assessment of existing Spokane Valley tourism assets.This would provide the foundation for the Strategic Plan,determining current destination conditions and prioritizing the critical issues and challenges that the strategies should focus on now,and in the intermediate term. It would start with a review of the past 2016 Strategic Plan to fully understand the suggested areas of focus and rationale that was previously developed. Key elements of the assessment would include: • Review and analysis of the 2016 Tourism and Retail Strategies • Identification of interviews with key visitor industry leaders,community leaders and other relevant groups • Research scan on relevant data analyses and planning documents • Survey of transient accommodation operators/owners regarding overnight traveler traits and behavior • Site visits and evaluation of key visitor generating and hospitality services assets —A.Review of 2016 Planning Efforts:The Planning Team would review all planning documents associated with the 2016 efforts to fully understand what key issues were previously noted, what strategic direction was presented and what prioritization was developed for new tourism product development efforts.After this review,key takeaways will be summarized and reviewed with City staff to ensure there is agreement in elements that should be carried forward in new planning efforts. —B.Interviews of Key Leaders and Relative Groups:The Destination Assessment process would continue by gaining insights from key industry leaders,community leaders and other relevant groups.The Planning Team will work with Spokane Valley City staff to identify key perspectives from public and private interests including businesses,local and regional Jurisdictions,and tourism organizations.These interviews and focus groups will aim to identify and prioritize high-level opportunities that need to be addressed in the Strategic Plan and analyze stakeholder perspectives on potentials and constraints facing tourism in the City. — C.Research Scan of Data Analyses and Planning Documents:In the next element the Planning Team will be evaluating existing research related to visitor volumes,the composition and profiles of visitors,trends in tax/assessment collections,lodging performance,seasonality of demand and other relevant data.Importantly,we will also look to gain key insights from broader regional profiles from Washington State Tourism and Idaho Commerce.As this analysis is assembled,its consistency or lack of consistency,with issues raised in the input process will be considered.This important step will help the Planning Team place the advice 10 received in perspective—what positions are supported by research and data,versus which are more attitudinal in nature. —D.New Overnight Visitor Profile Initiative:In addition to existing research and data sources,a new survey effort would be undertaken with Spokane Valley accommodation operators/owners gaining their insights as to the makeup and composition of the overnight visitor base.While this input would primarily assemble professional judgments,some of the properties would likely have relatively sophisticated tracking systems that should be able to provide important insights. —E.Site Visits and Evaluation of Visitor Generators and Hospitality Services:Planning Team members would visit the primary attractions of Spokane Valley to better understand their ability to truly drive new visitation and what potential changes could be considered to enhance the visitor influence of these key tourism generators.This preliminary review will be expanded upon in later stages of the update analysis. 1.3 STATE OF THE DESTINATION—VISIONING PROCESS With the Destination Assessment analysis components completed,the competitive position of Spokane Valley would be considered,and the resulting strengths,weaknesses,opportunities and threats(SWOT)associated with the destination would be developed. With the SWOT analysis as a foundation,an important output would be the identification of a refined set of critical issues and concluding remarks confronting the Spokane Valley as a destination and these issues/challenges would then be prioritized. At this stage of the process,the Project Steering Committee would again come together to review key findings of the Destination Assessment and the identified critical issues/challenges. Their advice and refinement will be important to ensure the Planning Team has not missed essential elements or has misinterpreted any local factors facing Spokane Valley as a tourism destination. After considering feedback and priorities from the Project Steering Committee,a Visioning Session would be held broadening the range of perspectives responding to the destination assessment findings and preliminary conclusions.More importantly,this session would help develop steps in future years that the City should take to address the issues and elevate the competitive position of Spokane Valley. The Visioning Session would assist the City to address key challenges it faces in the areas of identifying tourism gaps and product development opportunities,and destination City brand Identity and priorities,thereby creating a unified vision of tourism for the area and connecting existing resources to develop marketing for a viable destination. 1.4 DESTINATION/TOURISM STRATEGY FORMULATION 11 rir:jori iil utiGe? ■ a • s i' c In developing a long-term Tourism/Destination Strategy,the Planning Team believes it is essential that the process continually focus on creating a profitable and sustainable competitive advantage.The strategy will be designed to be aimed at building on the greatest opportunities and mitigating the most significant weaknesses identified in the previous planning elements.To achieve this goal,the Planning Team will use an approach that begins with a brief,highly focused vision and mission for Spokane Valley. Building off the findings of the assessment process,an integrated sequence of pillars that will act as the key thematic goals of the Tourism Strategy will be developed,along with a mix of strategic initiatives associated with each of the pillars.Focused strategies,along with actionable programs and tactics will then be identified that more specifically note steps to achieve the various goals related strategies. This is another area that the Planning Team can bring important differentiating capabilities to the process.As the team has operated in the"real world"for more than a combined 75 years,we know what is achievable and what is not.The strategies and tactical implementation steps will be crafted by professionals that will ensure they are truly executable.As the Destination Organization pyramid figure Is designed to illustrate,these strategies and tactics will speak to the objectives and goals outlined in the tourism strategy,ultimately fulfilling the Vision and Mission of the City. Sound tactical and action recommendations will be delivered after the vision,mission,goals,and objectives have been completed.While we are often told that our process stimulates creative ideas and solutions,it is important to note that this is the point where the development and marketing begins to meet the strategy.Many key tactical approaches will be considered,and the Planning Team will work closely with Spokane Valley City staff and stakeholders to ensure the solutions are both creative and aimed at the target markets/developments that are being established. 12 2.0 ANALYSIS OF PAST PRIORITIZED DEVELOPMENT PROJECTS The work previously conducted in 2016 and 2017 identified six prioritized development projects within Spokane Valley.These included: 1.Whitewater and Waterfront Park, 2.Trail Development and Public Art, 3.Fairgrounds and Stadium District, 4. Balfour Park Redevelopment, 5.Special Events,and 6.Arts and Entertainment Venue. Importantly,these projects(minus arts and entertainment venue because the Spokane Valley Summer Theatre is constructing a performing arts center)would further be considered as to their current alignment with findings from the Strategic Planning efforts. Other potential projects identified in recent months by the City include development of new or renovation/expansion of existing sports complexes(such as Plantes Ferry)or other sports facilities in the region(such as an ice arena or complex).The City is concurrently moving forward with Spokane Sports (formerly Spokane Sports Commission)to jointly study the concept of sheets of ice in the City;findings from this study will be incorporated into Spokane Valley's study report.As needed,stakeholders such as Spokane Sports and The Hub,will be included in research and discussion. As the study proceeds,other new initiatives may be identified.The intention within this plan is to identity and research six significant projects that can start to move the needle for the tourism industry in Spokane Valley. For each of the six projects(current or newly identified),the Planning Team will: —A.Review of Proposed Business Directions for Potential Projects:We will meet with the City as well as other relative group representatives to review and analyze the six potential projects,mainly in relation to their proposed business plans.The Planning Team will use this information at the discretion of the City to articulate the particulars as it relates to the projects. This information will set the stage for the subsequent sections. —B.Spokane Valley Database of Existing and Future Operations:The basis of an economic and fiscal impact analysis will be a 12-month analysis of statistics of events,attendance,and their relevant attributes.Some facilities maintain a database and keep track of these statistics regularly enough that they are readily available.We will obtain this data upon meeting with Spokane Valley representatives.For activities that do not have a historical operating perspective,the Planning Team will use case studies to develop frames of reference regarding market potential,visitation and operating characteristics.As part of this analysis and leveraging existing data,the Planning Team will work with City staff to format and prepare 13 some assumptions for number of visitors that may utilize or participate in activities at the proposed projects. —C. Benchmarking and New Market/Product Development Opportunity Identification: The Planning Team will select two case studies for each project,nationally.We will collect data,ideas and strategies that can be compared to the market potential in Spokane Valley. This will include: • Competitive inventory of like venues in the comparative markets vs.the Spokane MSA • Hotel supply • Air service • Relevant destination/community and venue promotional budgets • Other unique attributes in the case study markets that drive tourism. —D.Demand Indications:This analysis will interpolate the case study benchmarks with attributes in Spokane Valley and the Spokane MSA.This interpolation will assess the demand seen at the benchmark venues,and judge the scale of demand that would be seen in Spokane Valley.The Planning Team will reflect on and estimate the number of visitors to the proposed projects including their origins,stay and spending patterns.At this point,we will meet with the City and judge the value proposition for each use,and classify them as "public works"vs.major tourism initiatives.We will also discuss 5-6 other ideas that may have been identified in our case study work and reassess the list of top 5 initiatives.These agreed-to projects will then be subjected to a more rigorous investigation,assessing what projects are highest priority and then develop an action plan for each initiative. 3.0 IDENTIFICATION OF NEW DEVELOPMENT OPPORTUNITIES AND PAST/NEW PROJECT ECONOMIC IMPACT ANALYSIS After reviewing the six agreed to prioritized development projects,we will conduct mini-business plans for each use.These will include: • Product definition • Site attributes required for success.This will include an analysis of the necessary wayfinding signage and/or other necessary actions to enable visitors to locate the site. • Creative ideas to make projects distinctive • Working with an urban planner,devise visualizations for each project type,with graphics from comparable projects.In regard to the development of any schematics or graphics,the City is currently working with an architect/planner that is familiar with existing and new tourism projects. • Prepare demand projections,with attendance by origin,visitor profile and room night generation • Discuss ownership and operating models and funding strategies • Prepare financial projections(if current assets,like the Fairgrounds,we will request City finance to help in compiling historical operating data) 14 • Prepare an economic and fiscal and employment impact analysis. Given the skill set of both the City and the Planning Team,we see this as the Planning Team doing research and then discussing each of the attributes with the City to devise strategies for next steps implementation. 4.0 IMPLICATIONS TO VARIOUS REVENUE STREAMS,INCLUDING EXISTING LODGING TAX-AND/OR TOURISM PROMOTION AREA-GENERATED REVENUES The previous assignment components would be collectively considered in light of various revenue options for municipalities,including but not limited to: • State and/or federal funding programs • Public development authorities(PDAs) • Bonding options • Lodging tax-generated revenues/Lodging tax Committee process • Spokane Valley TPA-generated fees(assuming a TPA is developed) • Other sources If lodging tax revenues are identified as a probable investment option for one or more projects,hoteliers and other relevant stakeholders will be involved throughout the Strategic Plan development process. As new strategic priorities are Identified and prospective project investments are agreed-to,a set of recommendations would be developed that identify how these revenue streams could best deploy resources to align with recommendations.These could include: • Target audiences • Prioritized communications channels to reach them • Brand themes and messaging to reinforce these communications • Tourism investments to stimulate demand • Other approaches the City could employ to build interest and demand • Development of a prioritized list of project investments from lodging fund sources. This information would be shared with City staff and other identified stakeholders. 5.0 REPORT DEVELOPMENT AND PRESENTATION WITH TIMETABLE AND COSTS To complete the planning process,findings would be integrated in a high-quality,graphic rich document that clearly communicates the process,findings,plan recommendations and anticipated results.To enhance the ease of understanding of key plan takeaways,an executive summary would also be developed that would allow the broad range of interested parties to understand the main findings and priorities. The preparation of the plan would be undertaken over a 9-month time period.While there are two main components to the planning process—the strategic planning process and the project investment analysis,we believe many of the elements can proceed concurrently.The following 15 timeline provides an overview of the project's timing. SPOKANE VALLEY TSPPDP PROJECT TIMELINE TASK JULY AUG SEP OCT NOV DEC JAN FEB MAR Scope Refinement TSPPDP Steering Committee Formation Kickoff Meeting 3S5iiii:JIC`;;5!6ba'`s'.i.STt.1Tz;YFc 7-I;n vi.:Ii Review of 2016 Planning Documents _ Key Leader Inteiviews MIS Research Scan Overnight Visitor Profile NaIN Site Visits Visioning Process Strategy Formulation G...r_a:_:..._;F::._ iT2cUr8:1e..-- !i'C•E117iP l-Nt?:=`.'i 71's ';F:IFTrRCDJCi.CF:! Fee Payment The anticipated service fees are summarized below.Total compensation for services rendered and all travel related expenses incurred(two site visits,two individuals per visit)shall not exceed$93,500.Any travel expenses incurred beyond the two site visits identified above will be billed at cost.Consultant shall provide a monthly invoice to the City's Economic Development Department detailing services rendered during that billing cycle and corresponding fees. $TI Y MENT 1. Strategic Planning $23,000 2. Past Project Review $25,000 3. New Opportunities ' $33,000 4. Implications $ 7,500 5. Report Production $ 5,000 TOTAL FEES $93,500 Exhibit B.Insurance Certificate attached 16 CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND JOHNSON CONSULTING Spokane Valley Contract#22-143.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and the Consultant mutually agree as follows: 1.purpose: This Amendment is for the Contract for a tourism study, including an economic analysis and review of past strategic initiatives as well as identification of new initiatives by and between the Parties, executed by the Parties on August 24,2022,and which terminates on June 1,2023. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows,or attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment #22-143.01 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount August 24,2022 $93,500.00 Amendment#1 January 18.2023 $27,500,00 Total Amended Compensation $121,000.00 The parties have executed this Amendment to the Original Contract this 717w day of January 2023. CITY OF SPOKANE VALLEY: CONSULTANT:OQ JOHNSON CONSULTING !ice OLQ tkl• ;i'.t ti n Hohman By:Name: � \�{� City Manager Its:Title: APPROVED AS TO FORM: 6 ri5:)-111,,j1 Office the City Attorney 1 APPENDIX"A" 1. Paragraph 3_(Compensation) of the Original Contract is hereby amended to change the total compensation paid from$93,500 to$121,000. Paragraph 3 of the Original Contract is amended to read as follows:The City agrees to pay up to$121,000.00(which includes Washington State Sales Tax if any is applicable) as full compensation for everything furnished and done under this Agreement, in accordance with the provisions outlined in Exhibit A, as previously and/or presently amended. 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. 2. Exhibit A of the Original Contract is hereby amended to include the additional tasks and/or services outlined in the document titled"Additional Scope of Work",which is attached to this Appendix"A"and incorporated herein by reference. 2 ADDITIONAL SCOPE OF WORK TASK 1-WORKSHOP WITH CENTERPLACE STAFF This task will set the foundation for the performance assessment and business plan development of CenterPlace. To initiate the process,Johnson Consulting will hold a workshop with Client Representatives to confirm the objectives of the study,develop clear lines of communication, review project methodology,and prepare a project work plan with deliverables and deadlines.Topics to be covered include: • Review any documents and management reports relating to the management organizational structure, physical and operating assessments,demand summary and historical financial and funding data. • In a kickoff meeting,meet with the Client representatives and stakeholders for the project and discuss their objectives for CenterPlace and the desired outcomes of this analysis. • Conduct interviews with each department head and other key staff. • Identify specific markets and niches for use of CenterPlace. • Review and inventory of existing event planners and meeting promoters,arts and cultural organizations,and sports groups. • Identify competitive/comparable markets for use in benchmarking. • Utilize our Team's extensive database of conference center and recreation venue research developed for cities of similar size and demographics for benchmarking. • Perform user group interviews, including promoters and event planners,sports and recreation groups, businesses,and other stakeholders,to solicit a broad range of input and to acquire a complete coverage of the market area and perception of CenterPlace and its role in the community. • Identify appropriate contacts and resources necessary to ensure complete review and assessment of issues and specific data related to the project and hold various meetings as described in the tasks below. TASK 2-PERFORMANCE ASSESSMENT OF HISTORICAL OPERATIONS This Task will determine how CenterPlace is operating,develop baseline operating information,and identify initial opportunities for improvement and additional future competitive opportunities.Johnson Consulting will confirm allowable uses from the original financing for the construction of CenterPlace and if there are limitations on allowable uses tied to the municipal bonds, as well as a time limit on those limitations.Johnson Consulting will also summarize and evaluate historical data for CenterPlace, conduct exploratory interviews and prepare an operational review that includes: • Organizational structure and operating policies and procedures. • Number of events, by type with attendance and space utilization, revenue and direct costs(ideally by event, if maintained). 1 ■ Lost/turned away business and downtime periods, based upon recorded data from Client Representatives.This will help us determine any inherent challenges CenterPlace might be facing and future opportunities. • Booking profile of events at CenterPlace today to understand its capacity and analyze how an optimized facility could assist in increasing utilization. • Rental rates and pricing. • Approach to services,such as food and beverage,technology and parking. • Revenues and expenses,funding subsidies,and sources of revenues used to pay for operations and capital costs. • Marketing resources provided by Client Representatives and other parties. • Accommodation inventory and meeting space analysis. ■ Any other relevant data points. TASK 3-INITIAL MARKETING STRATEGY The Consulting Team will provide a near-term, brief marketing strategy to assist the City in developing some short-term strategies for deploying some of the unused marketing dollars available.While it is our understanding not much has been done with these resources,some short-term guidance will assist the City in considering the current demand makeup and the value of the varying segments.This work will be similar in nature to the work we are conducting for the TPA and its marketing. TASK 4-SWOT/MARKET ANALYSIS Conference and recreation centers have three distinct markets-a primary demographic trade area,a secondary area, and, if done correctly,a trade area that can pull from a much larger regional area,if the facility and its surrounding environment is compelling and if the programming strategies are superb.Our Consulting Team will define the current and potential catchment areas for CenterPlace and conduct a demographic and market analysis.Our efforts will focus a significant amount of research into income and education levels, recreational participation rates,and other key market factors that are unique to the success of conference and recreational facilities.This data provides strong indicators of overall facility feasibility,sustainability, performance,and target market groups. Among the data to be gathered and analyzed will be: • Population and demographic trends. • Competitive and complementary meeting venues in the immediate and broader competitive region (profiling capacity and utilization rate), including any proposed event venues and those currently under construction.This will assist in determining whether there are any gaps in the market due to a lack of supply and how the optimized facility will interface with the existing supply. • We will also assess the level of competition for both content and visitation from comparable and competitive facilities within 100 miles(i.e. low competition,moderate competition, high competition). 2 • Analysis of meeting, recreation, commercial, entertainment,hospitality,office, academic,and other developments in Spokane Valley and the surrounding region that may affect the performance of, and demand for,CenterPlace. • Income and employment trends,including any major employers expected to enter or leave the market. • Key industry cluster trends and how the events,meeting,sports,and entertainment industries relate to them. • Transportation and access. • Hotel and retail supply and growth patterns. • Tourism infrastructure. • Meeting, sports,entertainment,and tourism marketing resources and strategies. • Other data points and topics as identified. Our analysis will provide an objective,realistic assessment of the market's strengths,weaknesses, opportunities,and threats(SWOT)related to the current and future performance of CenterPlace. TASK 5-BENCHMARK FACILITIES ANALYSIS In conjunction with the City, Parks and Recreation Department and other key stakeholders,we will select five national conference and recreation centers to benchmark CenterPlace against and that may offer innovative ideas with respect to facilities, programming,operational structure,demand profile, stewardship model and operating profile.We will also summarize unique promotional strategies that are in place at these benchmark venues.We will then interview facility management and compile statistical data on the size,quality and performance of these facilities/markets,including demand and operational information,as follows: • Physical profile,development cost,funding approach and history. • Profile of past,current,and future event calendars,event attendees'origin and event program satisfaction,and operating performance,including: o Number of events and attendance by type. o Trends in recent event and attendance demand. o Revenues and Expenses, by type. o Analysis of rental fee structures, based on information provided by facility management. o Profile of management/ownership structures and funding mechanisms. o Analysis of local economic and demographic factors,such as population, per capita income, corporate and employment base,age breakdown,and others,which affect demand. 3 o Analysis of local environment and support infrastructure including hotel rooms, retail, restaurants,key attractions,transportation, etc. • Available parking. • Future expansion plans. Johnson Consulting has developed a substantial database of financial and operating data for conference and recreation centers throughout the U.S.Our analysis will provide real world operating data and financial performance results that will be one of the primary inputs into our demand and financial analysis. Case study information on comparable and competitive facilities will be fully profiled in our report. TASK 6-PERFORMANCE AND MANAGEMENT ASSESSMENT&RECOMMENDATIONS Having established a baseline of historical operations,conducted stakeholder and user engagement,and benchmarked CenterPlace against industry trends and a peer set of facilities,a lot of important information has been developed and analyzed. Now it is time to take that base of information to complete the performance and management assessment.Johnson Consulting has developed a procedures protocol for assessing and improving performance and management. Each of the topics below will be assessed and a section on each topic will be provided.We break these down as follows: • Stakeholder/User Perspective-Our interviews will have revealed how the entity is viewed by those that use and support the venue.This is important as they are the ultimate stakeholders. If the perception of the venue and operations is good,what improvements and demand would make them support the venue more. If the perception is guarded,then re branding may be called for to enhance their interest.Their concerns typically relate to communication-not understanding what the venue really is,the type of programming and the image and "style points"the venue has.What are best practices?What are our recommendations for enhancement, if any? • Mission and Stewardship-What is the role and mission of CenterPlace?How is the current model working? How involved is the Parks and Recreation Department and do they have defined roles and responsibilities?Who is thinking about programming?Operations? Finance?Fundraising? Government relations?What are our recommendations for mission and enhancement?If not present,should there be a 501c3 for fundraising?What are best practices?What are our recommendations for enhancement?Other matters? • Staffing/Organizational Chart-What are typical positions and compensation levels for staff by department; How is part-and full-time staffing being used;What vendors support staff-Food service,maintenance,security,and other services?Are the contracts written fairly?Is there room for improvement?Should some services be brought in house or outsourced?What are best practices?What are our recommendations for enhancement? • Marketing,Sales and Event Coordination-How is this being managed/addressed.Are the right marketing channels being used? How deep is the sales team,in having relationships with the presenter and promoter community?For a conference center,the meeting planning community? What budgets are allocated?How well do customers feel served?Are they slightly, moderately or fully well served?What importance is given to other elements of the venue?How are corporations 4 engaged?School systems and colleges? How does the CVB help promote culture and the venue? What are best practices?What are our recommendations for enhancement? ■ Financial-We will analyze each line item in the chart of accounts and understand what is and is not included.We will identify any extraordinary line items that are unique to this building, and we will also assess if there are allocations by government agencies,which may or may not be equitable.We will also compare the operations to case study venues. How do revenue and expense levels compare to case study venues?What line items are high or low and why?What does a ratio analysis tell us? What are best practices?What are our recommendations for enhancement? • Curb Appeal-How is the image of the operation and venue affect operations? Do the building and environs feel safe and look attractive?How is parking and exiting?Where is the boundary between the complex and other uses and how do adjacent land uses impact the image?What amenities could be added to enhance and entice people to this public place. • Reporting-What reports and data are maintained by management?How is it used by the management team to improve operations?Is there a monthly review of financials, upcoming events?What reports does the Parks and Recreation Department receive and what should be received?How are operations reported annually to funding partners? How is the public reported to? What are best practices?What are our recommendations for enhancement? ■ Other matters-There will invariably be a series of matters that are important to the City and the community.We will inventory these and respond accordingly.These may include capital and maintenance and technology. We will develop a Findings Sheet and Results Analysis once the above assessment work is completed that includes: • Summarization of the comparative information. • Identifies major variances in CenterPlace vis-a-vis comparable facilities. • Indicates compliance or non-compliance with management and organizational best practices,code of conduct and other work rules. • Indicates any changes in rates,policies and in-house services,and their impact on customer satisfaction and on Center cash flow. • Recommends ways to enhance operations, performance, marketing and management. At the end of this Task,the reader will be provided with a clear understanding of how the facility currently operates in context to best practices,creative ideas to enhance and improve and case study data that justifies our recommendations and implementation strategy. REPORTS, MEETINGS, AND DELIVERABLES We are noted for the clarity and quality of our reports and all communications.The following are deliverable products that we will provide at a minimum: 5 • DRAFT REPORT:The Draft Report Sections will include an Executive Summary and fully documented findings and recommendations for the Marketing and Operational Assessment. and will be accompanied by appropriate graphics and presentation material. Following the issuance of the Draft Report,the Consulting Team will meet with Client representatives to discuss key recommendations and receive input and guidance. • FINAL COMPREHENSIVE REPORT:We will provide a fully documented Final Report with a succinct Executive Summary addressing all of the City's comments and refinements received throughout the study period. • PRESENTATION:A PowerPoint presentation detailing our findings and recommendations will be provided to discuss our findings from the study. We will work closely with the City of Spokane Valley and others as appropriate to ensure the timely delivery of a study that accurately meets your needs and requirements and addresses all relevant questions and concerns that arise.Our meetings for this contract will be organized around the meetings schedule for the Spokane Valley Tourism Strategy project to maximize efficiency and cost savings. PROJECT SCHEDULE AND FEES The Marketing/Operational Assessment typically take eight(8)weeks to complete. Fees for each project element, including additional fees for onsite work,travel and/or data collection,are: PROGRAM BY TASK TASKS 1-3 2 WEEKS TASKS 4-6 6 WEEKS SUB FEES FOR TASKS.. I $25,000 FEES FOR ONSITE TRAVEL, DATA COLLECTION $ 2,500 TOTAL FEES (COMPENSATION) $27,500 6 CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND JOHNSON CONSULTING Spokane Valley Contract#22-143.02 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and the Consultant mutually agree as follows: 1.Purpose: This Amendment is for the Contract for a tourism study, including an economic analysis and review of past strategic initiatives as well as identification of new initiatives by and between the Parties, executed by the Parties on August 24,2022,and which terminates on June 1,2023. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended.provisions, which are either as follows,or attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The/lire for performance in section 2 of the Original Contract is extended to Dec. 31, 2023. 4. Compensation Amendment History: This is Amendment#2 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount August 24,2022 $93,500.00 Amendment#1 January 18,2023 $27,500.00 Amendment#2 to be executed $ 0.00 Total Amended Compensation $121,000.00 The parties have executed this Amendment to the Original Contract this 7 " day of May,2023. CITY OF SPOKANE VALLEY: JOHNSON// �� N� CO SULTING: ohn Holman By:Name Ch rles Johnson City Manager Its:Title President APPROVED AS TO FORM: the City Attorney 1 AR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/19/2023 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 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 CONTACT NAME: Genesis Marin JMB Insurance Agency, Inc. PHONE FAX 900 N Michigan Ave, 15th Floor (A/C.No.Extl: (A/C,No):(312) 577-0725 E-MAILgrin@mbins.com Chicago IL 60611 ADDRESS: 9m j INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Citizens Insurance Company of 31534 INSURED (312) 444-1125 INSURERB:The Hartford 19682 C.H. Johnson Consulting, Inc. INSURERC:Great American Fidelity Ins. 41858 6 E. Monroe St. 5th Fl Ste 500 INSURERD: Chicago IL 60603 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 84817 REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGETED CLAIMS-MADE X OCCUR OBC-9462070-11 02/17/2023 02/17/2024 PREMSESO(Eaoc)curence) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO OBC-9462070-11 02/17/2023 02/17/2024 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ A X UMBRELLA LIAB X OCCUR OBC-9462070-11 02/17/2023 02/17/2024 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER - B AND EMPLOYERS'LIABILITY Y/N 83 WBC BX1868 11/30/2022 11/30/2023 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Errors and Omissions MPLE248651 10/02/2022 10/02/2023Aggregate $ 4,000,000 Errors & Ommisions MPLE248651 10/02/2022 10/02/2023 Each Claim $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is an additional insured as relates to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E. Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE COVERAGES OVERFLOW DATE(MM/DD/YYYY) 01/19/2023 PRODUCER INSURED JMB Insurance Agency, Inc. C.H. Johnson Consulting, Inc. 900 N Michigan Ave, 15th Floor 6 E. Monroe St. 5th Fl Ste 500 Chicago IL 60611 Chicago IL 60603 CONTACT NAME: PHONE(A/C,No,Ext): PHONE(A/C,No,Ext): Genesis Marin (312) 444-1125 ADDITIONAL COVERAGES CERTIFICATE NUMBER: Cert ID 84817 REVISION NUMBER: INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS Errors & Ommisions MPLE248651 10/02/2022 10/02/2023 Deductible $ 15,000 Retroactive Date $ 01/06/2015 Certificate Coverages Overflow(11/2010) A� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDm o2/os/2o2424 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 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 JMB insurance Agency, Inc. 900 N Michigan Ave, 15th Floor CONTACT NAME: Genesis Marin PHONE FAX C No:(312) 577-0725 (A/C. No- Extld IC, E-MAIL rin@ ' robins , com ADDRESS: Chicago IL 60611 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Citizens Insurance Company of 31534 INSURED (312) 444-1125 INSURERB:The Hartford 19682 C.H. Johnson Consulting, Inc. INSURER C: Great American Fidelity Ins. 41858 INSURERD: 6 E. Monroe St. 5th F1 Ste 500 INSURER E: Chicago IL 60603 INSURER F COVERAGES CERTIFICATE NUMBER: Cert ID 86766 REVISION NUMBER: 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 SUER POLICY NUMBER MM/DDPOLICY EFF MMIDDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fxl OCCUR OBC-9462070-12 02/17/2024 02/17/2025 pREMSES DER occurrDence 1 $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ JECT LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO OBC-9462070-12 02/17/2024 02/17/2025 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED X HIRED AUTOS X AUTOS A X UMBRELLA LIAB X OCCUR OBC-9462070-12 02/17/2024 02/17/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EX— I — 83 WBC BX1868 11/30/2023 11/30/2024 OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Errors and Omissions MPLE248651 10/02/2023 10/02/2024 Aggregate $ 4,000,000 Errors & Omiisions MPLE248651 10/02/2023 10/02/2024Each Claim $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Spokane Valley is an additional insured as relates to General Liability as required by written contract. City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley WA 99206 L,AIVI.CLLA 11V N 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 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 1 of 2 CERTIFICATE COVERAGES OVERFLOW DATE(MM/DD/YYYY) 02/05/2024 PRODUCER INSURED JMB Insurance Agency, Inc. C.H. Johnson Consulting, Inc. 900 N Michigan Ave, 15th Floor 6 E. Monroe St. 5th F1 Ste 500 Chicago IL 60611 Chicago IL 60603 CONTACT NAME: PHONE (A/C, No, Ext): PHONE (A/C, No, Ext): Genesis Marin (312) 444-1125 ADDITIONAL COVERAGES CERTIFICATE NUMBER: Cert ID 86766 REVISION NUMBER: INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS Errors S Ommisions MPLE248651 10/02/2023 10/02/2024 Deductible $ 15,000 Retroactive Date $ 01/06/2015 $ $ Certificate Coverages Overflow (11/2010) Page 2 of 2