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HomeMy WebLinkAbout638496 HUNDEN STRATEGIC PARTNERS - CONTRACT - RFP - 8796 SPORTS COMPLEX ECONOMIC IMPACT & FEASIBILITYOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 1 of 15 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and HUNDEN STRATEGIC PARTNERS, INC. hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8796 Sports Complex Economic Impact & Feasibility Study. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit C, consisting of two (2) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 2 of 15 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence December 1, 2018 and shall continue in full force and effect until November 30, 2019, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be sent electronically via email, with a hard copy mailed, at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Hunden Strategic Partners, Inc. Attn: Rob Hunden 213 W Institute Place, Suite 707 Chicago, IL 60610 rhunden@hundenpartners.com City of Fort Collins Attn: Bob Adams PO Box 580 Fort Collins, CO 80522 badams@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 3 of 15 performance of the work, unless otherwise specified in each Work Order, the sums set forth for the hourly labor rate and material costs, as stated within attached Exhibit D, consisting of two (2) page(s), and incorporated herein by this reference. Unless otherwise specified in each Work Order, payment shall be made by the City Net 30 days from the date of the invoice and upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 4 of 15 of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit E, consisting DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 5 of 15 of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 6 of 15 notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: HUNDEN STRATEGIC PARTNERS, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 11/21/2018 Owner Rob Hunden Assistant City Attorney ll 11/28/2018 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND HUNDEN STRATEGIC PARTNERS, INC. WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: November 15, 2018 WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 9 of 15 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Hunden Strategic Partners, Inc. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 10 of 15 EXHIBIT C GENERAL SCOPE OF SERVICES A. Objective The City will engage Service Provider to perform a variety of assignments requested by Work Order as part of a Sports Complex Economic Impact and Feasibility Study. The overall scope of services may include, but is not limited to:  Evaluate potential sites  Interview Key Stakeholders  Facility and Market Needs Assessment  Analyze the market demographics of local and surrounding cities  Relevant facility profiles both locally and statewide  Analyze Participatory Sport Trends  Analyze National Comparable Facilities  SWOT Analysis  Recommended program, site, and conceptual drawings to include site work, athletic complex/fields, parking, utilities and etc.  Financial Analysis  Economic Impact this facility would have for Fort Collins  Project Demand & Financial needs o Construction Expenses o Detailed Annual Operating Expenses o Detailed Annual Revenue Projections – Business Plan  Provide funding models opportunities/sources o Create an executive summary package that can be shared with City Council members, government officials and potential partners. o The selected vendor also agrees to make presentations of their findings in person to city council and government officials, as needed. B. Work Orders Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (Exhibit A). Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 11 of 15 on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. C. Invoicing and Payment Invoices for services should be emailed to invoices@fcgov.com following completion of each Work Order assignment. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct invoice by the vendor indicating the Purchase Order number, Work Order number, project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed in Exhibit D. In the event a service is requested which is not listed on the Price Schedule, the Service Provider and the City will negotiate an appropriate unit price for the service prior to Service Provider initiating such work. The City pays invoices on Net 30 terms. Service Provider reserves the right to terminate the Agreement if payment is not received within forty-five (45) days of the invoice date. D. Subcontractors Service Provider intends to use the following subcontractors under this Agreement:  Perkins + Will, represented by Chris Kastelic, has created innovative and award- winning designs for the world’s most forward-thinking clients, including numerous indoor and outdoor youth sports complexes and recreation facilities. Perkins+Will professionals are architects, interior designers, urban designers, landscape architects, consultants, and branded environment experts who approach design from all scales and perspectives. The staff of over 2,000 professionals brings together design excellence, functional performance, and social responsibility to advance project goals. Hunden and Kastelic have worked on many similar projects and are currently working on five similar studies together.  Clancy’s Sports Properties (CSP), led by Mike Millay, is a full-service management consulting and planning firm, based in Orlando, FL, focusing on sports related services to governmental agencies, not-for-profit agencies and youth sports businesses. CSP was established to support Sport Commissions, CVBs and government agencies alike in optimizing their sports offerings, developing and packaging them effectively to specific market needs to ensure maximum participation. CSP will advise on sports marketing strategies and suggestions for the destinations. Mike Millay, CEO, has decades of experience running major youth sports facilities, such as ESPN Wide World of Sports at Walt Disney World and brings this experience to our team. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 12 of 15 EXHIBIT D COMPENSATION Service Provider standard hourly rates are as follows: Team Member Hourly Rate Rob Hunden $235 Michael Montgomery $175 HSP Analysts $150 Eric Hunden $165 Chris Kastelic (Subconsultant – Perkins + Will) $185 Mike Millay (Subconsultant – Clancy’s Sports Properties) $185 Service Provider may also request reimbursement for travel and other approved expenses in accordance with the following guidelines: FORT COLLINS EXPENSE GUIDELINES Lodging, Per Diem Meals and Incidentals and Other expenses: Lodging:  Hotels will be reimbursed at $109/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $59  Travel Days rate: 75% of $59 = $44.25 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The standard for determining total mileage is the most direct route from the firm’s primary place of business to the City.  Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2018 is $0.545.  Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies); DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 13 of 15  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses, and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $13  Lunch: $15  Dinner: $26  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $44.25 for Fort Collins. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 14 of 15 EXHIBIT E INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8796 Sports Complex Economic Impact & Feasibility Study Page 15 of 15 EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 1 of 13 WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND HUNDEN STRATEGIC PARTNERS, INC. WORK ORDER NUMBER: 1 PROJECT TITLE: Initial Study ORIGINAL BID/RFP NUMBER & NAME: 8796 Sports Complex Economic Impact & Feasibility Study MASTER AGREEMENT EFFECTIVE DATE: December 1, 2018 WORK ORDER COMMENCEMENT DATE: December 1, 2018 WORK ORDER COMPLETION DATE: April 30, 2018 MAXIMUM FEE: (time and reimbursable direct costs): $45,000 PROJECT DESCRIPTION/SCOPE OF SERVICES: See attached. Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of twelve (12) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Rob Hunden, President ACCEPTANCE: Date: Bob Adams, Project Manager REVIEWED: Date: Beth Diven, Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 11/21/2018 11/28/2018 11/28/2018 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 2 of 13 ATTACHMENT 1 SCOPE OF WORK The City of Fort Collins (City or Client) desires to assess the market demand, financial feasibility and economic impact of a proposed sports complex (Project) in Fort Collins, Colorado. The Hunden Strategic Partners Team (Team or HSP), including sports architect Chris Kastelic from Perkins + Will, proposes to determine the needs, market, potential funding and programming to assess the viability of the Project. HSP has completed similar studies throughout the region and nationally, including in Castle Rock (Colorado), Jefferson Parish (Louisiana), Henderson and Lexington (Kentucky), Williamson County (Tennessee) and many other locations in the Midwest and on both coasts. Fort Collins is located at the base of the foothills of the Rocky Mountains, 65 miles north of Denver. It is home to approximately 168,000 residents. HSP understands the Client’s desire to offer these residents and visitors a City operated sports complex that can be utilized in a number of ways to best serve the community and that can retain and attract new residents – and sports tournaments – by providing an improved quality of life, hotel stays, new jobs and economic impact. HSP understands that the Client would like to explore the option of having an indoor or outdoor facility that would attract weekend events and reduce travel for its own citizens. By the conclusion of HSP’s comprehensive analysis, the City will know the local need for sports facilities, understand the physical and budgetary challenges it faces in embarking upon new construction and management of these facilities, and its position within the competitive environment. The Hunden Strategic Partners Team has extensive experience guiding these types of projects from concept to reality and we bring this experience to the Fort Collins study. APPROACH HSP proposes a scope of work that meets or exceeds all of the elements necessary for a feasibility study of this type and addresses all the areas delineated in the project description. HSP is happy to discuss any changes to this scope and to modify the report organization and methodology. HSP’s work is proposed as follows: ▪ Task 1 – Kickoff, Project Orientation, Interviews ▪ Task 2 – Economic, Demographic and Tourism Analysis; SWOT ▪ Task 3 – Local Inventory and Participation Trends ▪ Task 4 – Local and Regional Sports Facilities Analysis ▪ Task 5 – Sports Tournaments and Opportunity Analysis ▪ Task 6 – Case Studies ▪ Task 7 – Support Amenities: Hotel and Restaurant Supply Analysis ▪ Task 8 – Site Analysis ▪ Task 9 – Recommendations; Drawings and Budgets ▪ Task 10 – Demand and Financial Projections DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 3 of 13 ▪ Task 11 – Governance, Funding and Marketing ▪ Task 12 – Economic, Fiscal, and Employment Impact Analysis HSP’s methodology will be as follows: Task 1: Kickoff, Project Orientation, Interviews Much work and study will be accomplished during the kickoff due diligence meetings, including key meetings with the Client, management of the facility and others associated with the Project, as well as in-depth tours. HSP will work with Client representatives to prepare a robust, efficient and intense kickoff trip that may last up to two days. As part of the project orientation, HSP professionals will meet with the internal project team, which consists of City of Fort Collins Parks and Recreation staff and key stakeholders, to confirm goals of the study and other contextual issues related to the project. In addition, HSP will review available data related to the project and identify those contacts and resources necessary to ensure complete review and assessment of critical issues. HSP will also: ▪ Obtain information and data from the Client, City of Fort Collins officials, county departments, and their respective support staffs, as well any other organizations that the Client deems appropriate. ▪ Tour local sports facilities, interview stakeholders from a variety of local private and public organizations and perform fieldwork as appropriate. Tour other local/regional current youth and adult facilities/fields including high schools and university facilities. Meet and interview management from those facilities/fields. The goal is to understand the current capacity and utilization as well as any plans or need for expansion. ▪ Tour Fort Collins and the surrounding area and identify and evaluate potential sites. ▪ Review the various projects on which HSP professionals have worked and discuss their attributes, implementation and approach. HSP will explore the applicability of prior projects to the proposed assignment and will strive to gain insight into the Client’s goals for development of the facility. ▪ Gather and analyze background information related to the project, previously completed studies, site plans or designs related to the proposed facility. ▪ Gather and review available economic, demographic and financial data. Task 2: Economic, Demographic and Tourism Analysis HSP will evaluate Fort Collins’ position as an economic center of activity as well as a destination for visitors. HSP will also summarize key demand generator trends and comment on the overall growth prospects for the market. This analysis will provide a realistic assessment of the area’s strengths, weaknesses, opportunities and threats (SWOT). Among the data gathered and analyzed will be: ▪ Geographic attributes, accessibility and transportation links, DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 4 of 13 ▪ Trends in population growth and income, ▪ Corporate presence, major employers and any significant recent or likely future changes, ▪ Analysis of business and commercial development that may complement an athletic facility, ▪ Higher education and implications for the market and project, ▪ Cores of economic activity, ▪ Major retail destinations, ▪ Profile public assembly and other meeting facilities locally and regionally, ▪ Arts, culture and entertainment assets and activity, ▪ History and expected future trends for tourism, and ▪ General real estate trends, with special emphasis on sports, tourism and major demand generators. As part of this task, HSP will profile the neighborhood demographics using ESRI Tapestry Segmentation analyses. This analysis tool classifies U.S. residential neighborhoods into 67 distinct segments based on demographic and socioeconomic characteristics and will help the Team assess the proposed site(s) for the new facility. HSP will also profile nearby developments, major roadways, development trends and other factors at play that will materially impact future development opportunity in the development area. Task 3: Local Inventory and Participation Trends In this task, HSP will determine both the supply of local sports facilities and the demand for sports to determine if more facilities are needed to support local use. HSP will review and survey the existing owner-furnished inventory of sports facilities in the area, including facilities at the high school and college level. In this analysis, HSP will analyze and document the following conditions: ▪ Number of facilities, ▪ Facility type (indoor or outdoor), ▪ Layout, ▪ Capacity, ▪ User and spectator counts (as available), ▪ Event types and frequency, ▪ Size, ▪ Type of sports usage, ▪ Quality, DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 5 of 13 ▪ Location, ▪ Special needs and adaptive sports usage/sports facilities, ▪ Life expectancy of each facility as it relates to the demand, and ▪ Unique characteristics. HSP will then inventory and survey the current amateur youth and adult sports tournament activity within the area. This inventory will be broken down into the following participation types: ▪ Youth leagues (elite and community), ▪ Youth community recreation, ▪ Adult recreation leagues, and ▪ Professional and semi-professional leagues. HSP will present each type in terms of participation, attendance and facility needs. This will illustrate a geographic understanding of core demand centers in relation to the existing supply. This task will be conducted through interviews with relevant sports clubs and organizations, with a focus on identifying existing demand, current facility supply and the gaps between the two. Sports with excess demand will be identified and presented in terms of their facility needs. The analysis will include both indoor and outdoor sports, with a concentration on the need for new sports facilities. This will provide HSP with an understanding of the current market and enable it to project future uses of the recommended facilities. This will also enable HSP to compile a supply and demand matrix that will take into consideration the location of facilities near population nodes, transportation links and demographic pockets. This matrix will implement the findings from the needs analysis to illustrate areas with adequate sports facility supply and those struggling to meet demand. Task 4: Local and Regional Sports Facilities Analysis Many of the likely events that could occur at a new sports/event complex will be from around the region. In order to understand the competitive situation in which the community and the proposed project finds themselves, the regional competitive sports facilities will be profiled and analyzed. The knowledge gained from new research and HSP’s prior regional studies will provide insight into the local sports market as both competitive and comparative profiles. The regional sports facilities analysis will provide a sense of strengths and weaknesses, as well as opportunities and threats. With so many communities embarking on youth and amateur sports facilities, it is important to understand how the elite teams and leagues operate and how they determine where to host events. This analysis will answer both the competitive supply question and the regional demand question. For example, during an analysis we performed in Westfield, Indiana, it was apparent that local sports and elite organizations create a consistent base of local demand (essentially anchor tenants), while state and regional tournaments offer the most opportunity for impact. National tournaments and events may be smaller than regional tournaments (but not always), however provide national recognition and impact that can start a cycle of tournament hosting success. HSP will also construct a calendar of seasonal usage and tournaments. The calendar will track both the current and potential users. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 6 of 13 HSP will utilize our experience and knowledge of facilities throughout Colorado and the region and work with the Client to determine the stakeholders that will be most relevant to the Project and will make reasonable efforts to contact and interview those most relevant. HSP and the Client will mutually agree upon a list of stakeholders for the facility audit. Task 5: Sports Tournaments and Opportunity Analysis Of critical importance to this project is the potential for economic and fiscal impact from the inducement of events from national and regional tournaments. Just like local and small regional tournaments, super-regional and national tournaments can generate significant visitation, spending, room nights and other positive impacts to a community and can even support the development of other real estate uses if enough consistent local and non-local demand occurs onsite. Participants and their families come from farther distances and therefore must spend the night, unlike those from the 100-mile region that may be “daytrippers.” HSP will conduct interviews of tournament organizers to determine “what it takes” to host tournaments. Questions will focus on what drives site selection for tournaments, cost factors (rent, travel and tournament fees) as well as likelihood to travel to a new facility. Beyond sports facilities, hotels and restaurants are also becoming a critical component, as well as opportunities for non-tournament family fun. A matrix of the critical factors will be created and then this site will be scored against that matrix. If the proposed site cannot accommodate the size of facilities needed for various sports, that will be noted and alternatives suggested. Task 6: Case Studies This Task has helps HSP understand how the proposed facilities will perform based on similar projects developed across the U.S. In order to determine how the proposed facility will perform, HSP will review similar projects developed in the U.S. in the last several years and discuss those under construction or in development, and will focus on both indoor and outdoor facilities. HSP will consider: ▪ Location, ▪ Community size, ▪ Economic/demographic characteristics, ▪ Access, ▪ Visibility, ▪ Size (site and fields/courts), ▪ Physical Development, ▪ Year Built, ▪ Cost and ongoing funding/budgets, ▪ Financing (one-time and ongoing support, if applicable), DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 7 of 13 ▪ Marketing, ▪ Management and Operations, ▪ Performance, ▪ Critical Factors to Success or Failure, ▪ Impacts, if available, and ▪ Others, as appropriate. These facilities will be profiled and implications discussed. Insight and best practices from the facilities will assist in identifying critical components that will then be implemented into the recommendations. HSP will utilize our experience and knowledge of facilities throughout North America to determine what case studies will be relevant to the Project and make reasonable efforts to contact and interview those most relevant. Task 7: Support Amenities: Hotel and Restaurant Supply Analysis Because of the critical supporting role hotels play in accommodating events and capturing economic and fiscal impact, the assessment of sports facilities cannot be determined without such an analysis. The HSP Team will analyze the existing local hotel and restaurant supply and plot their locations on a map, showing relative distance to Fort Collins and any potential sites. The analysis will determine the proximate quality room count, as well as the community- wide room count, for hotels and the number of sports-friendly restaurants in the nearby area. For hotels, HSP will conduct a historical supply and demand analysis of the competitive set. This will include: ▪ Tracking of occupancy, monthly room night demand, average daily rate (ADR) and Revenue per Available Room (RevPAR), ▪ Performance by: o Year, o Month, o Week, o Day of week, and ▪ Seasonality. The analysis will provide conclusions on the ability of these assets to induce more demand for sports events. HSP will review the recommendations discussed with the client and determine the pro’s and con’s, ranking the needs for the potential/recommended Project. Task 8: Site Analysis During the kickoff, HSP will assess potential sites in coordination with the Client team for the Project. The Client should have pre-identified sites and HSP will discuss those with the City. Given the space requirements for a youth sports complex, HSP will then filter the sites to those DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 8 of 13 that fit the minimum size requirements. HSP will assess the physical requirements of any recommended facility and will suggest minimum site sizes. Other factors to consider will include: ▪ Access, ▪ Visibility, ▪ Site conditions and size, ▪ Site cost and availability, ▪ Opportunity for expansion, ▪ Impact on tournaments and other economic drivers, and ▪ Others as identified with the Client. HSP will review the recommendations discussed with the Client and determine the pros and cons, ranking the needs for the potential/recommended Project. Task 9: Recommendations In this task, HSP will use implications derived from previous tasks to make recommendations for the proposed new sports facility including amenities, quality and other key elements. The recommendations will consider the results of all the prior tasks, which will point toward logical conclusions regarding every aspect of the facilities. The recommendations may support or modify the size, scope and use of the facilities depending upon many factors, including input from the client. The recommendations for the sports facilities will include: ▪ All indoor physical programmed areas by use, ▪ Outdoor programmed areas by use, ▪ Parking, ▪ Back of house and office spaces, ▪ Restroom and locker room facilities, ▪ Point of Sale kiosks or permanent stands, ▪ Retail, and ▪ Others, as appropriate. HSP will organize their recommendations into recommended scenarios which may include an outdoor facility, an indoor facility, and/or a combined outdoor/indoor facility. Concept Drawings & Budgets. The HSP Team, through Perkins + Will, will develop conceptual drawings and high-level construction budgets for the recommended scenarios. Task 10: Demand and Financial Projections DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 9 of 13 HSP will make projections for the demand of any proposed facilities. These will be projected for a period of ten years. Projections will include demand by type of event/tournament, average attendance for each type and total attendance by type. Based on the projection of demand and a number of assumptions regarding rental rates, fees, concession per-capita revenues and others, HSP will prepare a financial projection for the facilities. This financial analysis will include the following: ▪ Estimated line-item revenues for ten years of operations. Expenses directly related to the facilities will also be projected for the period. The demand profile, experience with similar facilities and data from existing facilities will be used to model the operating revenues and costs of the new complex and will be incorporated into the business plan. The model will generate a pro forma operating statement that will include revenue and expense items, including the following: o Revenues: rental rates, tournament fees, food and beverage, parking and other income, o Direct operating expenses: wages and salaries, contract services, utilities, maintenance and repair, supplies and other expenses, and o Unallocated expenses: employee benefits, advertising and promotion, general and administrative, professional services, insurance and other expenses. The financials will be presented in a line-item by line-item basis, which will lead to estimates of net operating income or loss. Based on the operating loss or profit, there will be either funds remaining for debt service or there will be a requirement for ongoing operating support by the public. HSP will make sure to review all possible options to limit losses and create operating profits, including advertising, sponsorships, naming rights, etc. HSP will also analyze and suggest the pros and cons to private management versus public management. Task 11: Governance, Funding and Marketing The funding options may influence the governance format of the facility and may also influence the scope and quality of the recommended program. In addition, the site situation will influence the physical program, which will have implications for the management structure. Too small a facility will not generate enough cash flow to make sense for a management company, for example. HSP understands how all of these items affect the others. HSP will therefore be working simultaneously on governance, funding, site size, program size and other considerations as we move forward through the process. HSP will check in with the Client to work through the various opportunities. Funding Options. HSP will provide an overview of funding opportunities for the project, which can include public, private and non-profit options. Each jurisdiction is different and the options available from public sources will vary. Private investment and partnerships will also vary, depending on many factors locally. HSP will work with the City to identify the sources of potential funding, assess the support needed, and the level of funding and capital investment that could be supported. Governance. HSP will also investigate what cooperative, multijurisdictional governance and public-private partnership options exist for such facilities and the pros and cons of different approaches to management, marketing and ownership. HSP will provide its DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 10 of 13 recommendations and examples of formats and structures used in other similar successful facilities. Marketing. The HSP Team will provide the Client with high-level strategies for marketing, as well as concept drawings and study deliverables that can be shared with City Council members, government officials and potential partners. Should the City desire more in-depth marketing materials or counsel, HSP can engage Mike Millay of Clancy’s Sports Properties to offer expertise in this area in a future phase. Task 12: Economic, Fiscal, and Employment Impact Analysis HSP will conduct an economic, fiscal and employment impact analysis to determine the direct, indirect and induced impacts, including the tax revenues that are generated by projected visitors to any new sports facility. Based on the above analysis, a projection of net new direct spending will be tabulated. New spending is spending that is new to the community as visitors come to Fort Collins and the surrounding area due to a sporting event, spend the night or otherwise spend time or money in the area. HSP will analyze the spending by local residents (transfer spending) and discuss the amount that is recaptured. For example, due to the existence of activity generated by sporting events, economic activity occurs as local residents pass up opportunities to leave the area to spend money. Instead of going to a sporting event in another area, the event keeps their spending within the area. This is considered to be recaptured demand. The net new and recaptured direct spending is considered to be the Direct Impacts. From the direct spending figures, further impact analyses will be completed. ▪ Indirect Impacts are the supply of goods and services resulting from the initial direct spending. For example, an attendee’s direct expenditure on a hotel room causes the hotel to purchase linens and other items from suppliers. The portion of these hotel purchases that are within the local economy is considered an indirect economic impact. ▪ Induced Impacts embody the change in local spending due to the personal expenditures by employees whose incomes are affected by direct and indirect spending. For example, a waitress at a restaurant may have more personal income as a result of the attendee’s visit. The amount of the increased income that the employee spends in the area is considered an induced impact. ▪ Fiscal Impacts represent the incremental tax revenue collected by the City and/or County due to the net new economic activity related to a sporting event. For example, our analysis will estimate the hotel and other tax revenue from an overnight stay by an attendee and considers this a fiscal impact. The fiscal impact represents the government’s share of total economic benefit. Fiscal impacts provide an offset to the potential public expenditures required to host events. HSP will identify the taxes affected and conduct an analysis of the impact on these accounts and governmental units. ▪ Employment Impacts include the incremental employment provided not only onsite, but due to the spending associated with an event. For example, the direct, indirect and induced impacts generate spending, support new and ongoing businesses, and ultimately result in ongoing employment for citizens. HSP will DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 11 of 13 show the number of ongoing jobs supported by the project and provide the resulting income and income taxes generated. Hunden Strategic Partners uses one of the industry’s most relied upon multiplier models, IMPLAN. This input-output model estimates the indirect and induced impacts, as well as employment impacts, based on the local economy. An input-output model generally describes the commodities and income that normally flow through the various sectors of the economy. The indirect and induced expenditure, payroll and employment result from the estimated changes in the flow of income and goods caused by the projected direct impacts. The model data are available by various jurisdictional levels. DELIVERABLES Preliminary Findings PowerPoint – Prior to the issuance of the draft analysis, HSP will present a PowerPoint by teleconference of our initial findings and recommendations approximately midway through the process. This will allow the Client to provide feedback and determine in a more detailed manner, the next steps in the study process. Draft Analysis – Having completed all the tasks, HSP will compile the results into a fully- documented draft analysis of its findings and recommendations, which will be presented to the Client for review and comment. Final Analysis – Approximately two (2) weeks after receiving comments from the Client, HSP will issue its final analysis. HSP will provide the Client with ten (10) hard copies of the final report, and present the findings in person to Council Members and elected officials. All deliverables will be responsive to the Client’s preference. HSP is flexible in its approach. TIMING HSP proposes to complete the draft analysis for the study in approximately ten (10) weeks from the kickoff and contract authorization, and to complete the study in its entirety twelve (12) weeks of kickoff, assuming edits are received in a timely manner. HSP will provide updates and communication with the Client on an ongoing basis. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 12 of 13 ATTACHMENT 2 TIMELINE DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Work Order #1 8796 Sports Complex Economic Impact & Feasibility Study Page 13 of 13 ATTACHMENT 3 COMPENSATION DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 11/15/2018 Shepherd Insurance, LLC 111 Congressional Boulevard Suite 100 Carmel IN 46032 Alan Schulte (317) 846-5554 (317) 846-5444 aschulte@shepherdins.com Hunden Strategic Partners, Inc 213 W Institute Pl Suite 707 Chicago IL 60610 CNA Insurance Company 20443 Valley Forge Insurance Company 20508 The Continental Insurance Co 35289 CL1822868069 A Y Y 6012131894 03/13/2018 03/13/2019 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 Professional Liability 2,000,000 B 6020828538 03/13/2018 03/13/2019 1,000,000 PIP-Basic A 10,000 6016671725 03/13/2018 03/13/2019 3,000,000 3,000,000 C 6020998933 03/13/2018 03/13/2019 1,000,000 1,000,000 1,000,000 A Professional Liability (Errors & Omissions) 6012131894 03/13/2018 03/13/2019 Each Claim Limit: 2,000,000 Aggregate Limit: 2,000,000 Per attached form SB146932E blanket additional insured status applies for general liability when required by written contract; waiver of subrogation applies for general liability; insurance is primary and non contributory for general liability but only if required by written contract or written agreement. All only in accordance with policy terms, provisions and exclusions. City of Fort Collins PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT HUNDEN BELMONT OFFICE, LLC Other Additional Named Insureds Other Named Insureds OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 SB-146932-E (Ed. 06/11) SB-146932-E Page 1 of 5 (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED – BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in SB-146932-E (Ed. 06/11) SB-146932-E Page 2 of 5 (Ed. 06/11) coverage provided to such additional insureds is limited as provided herein: a. Additional Insured – Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or SB-146932-E (Ed. 06/11) SB-146932-E Page 3 of 5 (Ed. 06/11) f. Owners/Other Interests – Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, SB-146932-E (Ed. 06/11) SB-146932-E Page 4 of 5 (Ed. 06/11) (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D – Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, l, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability SB-146932-E (Ed. 06/11) SB-146932-E Page 5 of 5 (Ed. 06/11) b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re-defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of it's owner, landlord or lessor. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY – DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products-completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9 (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 5F7885F8-BA7A-4ED8-9A30-93687AABDDA9