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Agenda 10/10/2017 Item #16F 710/10/2017 EXECUTIVE SUMMARY Recommendation to approve Tourist Development Tax funding in the amount of $34,500 for Contract #17-7229-WV - Sports Facilities Assessment with Hunden Strategic Partners for the development of the new amateur sports complex and make a fi nding that these expenditures promote tourism. OBJECTIVE: Perform consultant work in the phasing in of the design, build and operations of the recently approved amateur sports complex in East Naples. CONSIDERATIONS: Hunden Strategic Partners (“Hunden”) was selected in a competitive bid process to perform a Sports Facilities Assessment and awarded Contract # 15-6419 on October 27, 2015. The Board of County Commissioners (Board) directed staff to do additional study on several alternative sites for a proposed amateur sports event complex. Staff requests that Hunden be engaged to consult County staff for the balance of the phased development plan of the new complex because of Hunden’s intimate knowledge of the proposed new complex and previous assessment of the types of facilities that the County needs to grow in sports competitions. Hunden staff will perform tasks within the agreed upon scope and will present its findings monthly to County Staff, who will in turn report those findings to the County Commission quarterly. The consulting contract will not exceed a total of $34,500 annually. The contract can be extended for an additional 180 days, and can be renewed at the option of the County for an additional two one-year terms. Pursuant to Section Eleven, sub-paragraph 11 of the Collier County Procurement Ordinance 2017-08, as amended, staff requests that the Board find that it is in the best interest of the County to continue utilizing the services of Hunden. FISCAL IMPACT: Funding for this additional scope of consulting services by Hunden Strategic Partners of $34,500 is in the proposed Tourism Division FY 18 budget in Fund 184, Contractual Services. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council recommended approval of this item 8-0 at the September 25, 2017 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: Recommendation to approve Tourist Development Tax funding for to Contract #17-7229-WV- Sports Facilities Assessment with Hunden Strategic Partners annually for $34,500; authorize the Chair to execute the attached contract; and make a finding that these expenditures promote tourism. Prepared by: Ed Caum, Tourism Deputy Director ATTACHMENT(S) 1. 17-7229 WV Hunden Strategic_Contract_VendSign (PDF) 2. Waiver Request 179 - Hunden Sports Complex (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.7 Doc ID: 3803 Item Summary: Recommendation to approve Tourist Development Tax funding in the amount of $34,500 for Contract #17-7229-WV – Sports Facilities Assessment with Hunden Strategic Partners for the development of the new amateur sports complex and make a finding that these expenditures promote tourism. Meeting Date: 10/10/2017 Prepared by: Title: Tourist Development Tax Coordinator – Tourism Name: Kelly Green 09/27/2017 8:27 AM Submitted by: Title: Division Director - Tourism – Tourism Name: Jack Wert 09/27/2017 8:27 AM Approved By: Review: Tourism Jack Wert Director Review Completed 09/28/2017 8:09 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 09/27/2017 10:55 AM Tourism Ed Caum Deputy Director Review Completed 09/27/2017 2:41 PM Procurement Services Sandra Herrera Additional Reviewer Completed 09/28/2017 11:27 AM Procurement Services Ted Coyman Additional Reviewer Completed 09/29/2017 10:55 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/02/2017 9:51 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/02/2017 11:12 AM County Manager's Office Tim Durham Executive Director- Corp Business Ops Completed 10/02/2017 11:18 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 10/02/2017 12:32 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/03/2017 9:20 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2017 1:24 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM AGREEMENT17-7229WV for Sports Facilities Assessment THIS AGREEMENT, made and entered into on this day of 2017, by and between Hunden Strategic Partners, Inc., authorized to do business in the State of Florida, whose business address is 688 N. Milwaukee Ave., Suite 202, Chicago, IL 60642, (the "Consultant" or "HSP") and Collier County, a political subdivision of the State of Florida, (the "County" IT WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Consultant shall commence the work upon issuance of a Purchase Order, 3. STATEMENT OF WORK. The Consultant shall provide services in accordance with Exhibit A "Scope of Services" referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Consultant for the performance of this Agreement based on Exhibit B "Fee Schedule", attached hereto and the price methodology as defined in Section 4.1.1. Payment will be made upon receipt of a proper invoice and upon approval by the Tourism Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Page 1 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. 4.1 Price Methodology: 4.1.1. Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 4.1.2. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the Consultant's employees and subconsultants to perform the work (number of hours' times hourly rate), and for materials and equipment used in the project (cost of materials plus the Consultant's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subconsultant) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C-2. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Hunden Strategic Partners, Inc. 688 N. Milwaukee Ave., Suite 202 Chicago, IL 60642 Attention: Robin Hunden, President Telephone: 312-643-2500 Facsimile: 312-643-2501 Email: Rhunden(a)_hundenpartners.com Page 2 of 13AQ� #17 -7229 -WV & Sports Facilities Assessment " Hunden Strategic Partners, Inc. All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Board of County Commissioners for Collier County, Florida c/o Tourism Division 2660 N. Horseshoe Drive, Suite 105 Naples, Florida 34104 Attention: Ed Caum, Deputy Director Telephone: 239-252-2384 Email: EdCaum(a_colliergov.net The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. The County will not be obligated to pay for any permits obtained by SubConsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the Agreement of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $100,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000each claim and in the aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Consultant's policy shall be endorsed accordingly. Page 4 of 13 CAO #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subconsultants comply with the same insurance requirements that the Consultant is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Division. 15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. CA® Page 5 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Insurance Certificate(s), Exhibit A- Scope of Services, and Exhibit B- Fee Schedule. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Consultant is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(x) -(b) as stated as follows: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 CAS Page 6 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. The Consultant must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Consultant or keep and maintain public records required by the public agency to perform the service. If the Consultant transfers all public records to the public agency upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions Page 7 of 13 CAS #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL/PROJECT STAFFING. The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Consultant shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Consultant shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. 28. SECURITY. The Consultant is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Consultant shall be responsible for all associated costs. If required, Consultant shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. a Page 8 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. All of Consultant's employees and subConsultants must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Consultant ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Consultant during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the consultant's business. The Consultant shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(Qcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. oc�o Page 9 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. IN WITNESS, WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA 11 Penny Taylor, Chairman Dated: (SEAL) Consultants Witnesses: Hunden Strategic Partners, Inc. Consultant By: ):Z *VY— First Witn ssSAIV ature R0 L4 ww4&4 I C'f -�o 3. TType/print signature and titleT TType/print witness nameT Second Witness ')C,(-( �c�viZuv�slcy TType/print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name Page 10 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. EXHIBIT A "SCOPE OF SERVICES" The Consultant shall perform a sports facilities assessment for Collier County Florida on behalf of the Sports Marketing section of the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Government to provide various advisory services related to the development of a potential sports complex. The advisory services will include, but are not limited to, the following development related tasks: Review and make recommendations on the proposed Collier County Sports Complex as it is developed. This review will take into consideration the following factors: • Hunden Strategic Partners (HSP) will participate in a strategic development meeting to determine the goals and parameters for establishing the design/build of the Collier County Sports Complex Phase 1. • HSP will recommend the number of fields for construction in Phase One based on the County immediately beginning to market and collect revenues at the end of Phase 1. • HSP will conduct research to determine comparable pricing and utilization structures for use of fields by residents/non-residents, youth programs/adult programs, non-profit organizations/for-profit organizations, etc. • HSP will provide a list of suggested sports complexes for representatives of Collier County to visit and tour that match HSP's findings. • HSP will facilitate follow-up conversations with project members from Collier County Administration, Parks & Recreation, the County Attorney's Office, and Convention and Visitors Bureau Sports Marketing Team as necessary to discuss findings, recommendations, etc. • HSP will produce a set of recommendations to be considered in developing a program timeline for review and consulting during the design build process Phase 1. • HSP will conduct research to determine fair market value pricing for both natural and synthetic turf fields locally and regionally. • HSP will consult with network of facility operators and municipal divisions to gain insight into successful construction pricing and utilization of field house structures. Page 11 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. Deliverables: • HSP will provide the Tourism Director, or Designee, monthly and quarterly status reports. • HSP will deliver an Executive Summary Recommendations Report for fields/structures/pricing with accompanying data and research supporting the recommendations. A draft copy of report will be delivered to the County for its review at least one week before public presentations to allow for questions and clarification on a timeline mutually agreeable between parties. • Consultant will present an overview of the report to the Board of County Commissioners at the Board Workshop at a time mutually agreeable to the parties. o HSP's recommendations will take into consideration the following details and concepts: ■ Best practices within the industry ■ Local, regional, and national trends ■ Local and regional pricing ■ Uses, including local organization affiliations, program/league types, tournaments, etc. • Users, including age, organization status, residency, etc. • The funding source (Tourist Development Tax revenues) and limitations thereof, for development and ongoing management/maintenance of the fields • Expectations regarding revenue generation for natural and synthetic turf fields, particularly related to full or partial coverage of development costs, maintenance costs, and future replacement costs Page 12 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. EXHIBIT B "FEE SCHEDULE" Deliverable/Title Fee Payment Type Draft Executive Summary Recommendations Report $34,500.00 Lump Sum — Monthly Upon Percent Complete If authorized in writing by County through an Amendment to this Agreement pursuant to Section 22, the Consultant shall furnish Additional Services not included in Exhibit A "Scope of Services". The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. These Additional Services will be paid for by the County at rates listed below. Personnel Hourly Rate -Design Principal $200 Project Manager $200 Senior Analyst $175 -Analyst $150 Administration $50 Page 13 of 13 #17 -7229 -WV & Sports Facilities Assessment Hunden Strategic Partners, Inc. Coe -r County Administrative Services Department Procurement Services Division Collier County Waiver Request Instructions Completed waiver requests accompanied by the business case and backup documentation must be submitted to the division's Procurement Strategist for any amount above $3,000. Purchases above $3,000 require three quotes or formal competition. The division must provide justification to the Procurement Director to request consideration to waive the competitive :purchasing process and purchase from a single vendor. Waivers of greater than $50,000 will require approval by the Board of County Commissioners. To qualify for a waiver: select a waiver category, provide the research conducted and the! supporting rationale and acquire the approval signature from your director. Send the waiver request, the business' case and contract materials to your Procurement Strategist. Requester Name: Jack Wert Vendor Name: Hunden Strategic Partners Division: Tourism Item / Service: Sports Complex Consulting Services Budget Year: FY 17 and FY 18 Anticipated Cost:$ 48,000.00 Sole Source: ❑ Single Source: Q Standardization: ❑ Emergency: Describe the public health or safety issues that requires the immediate product or service (i.e., The supply of vaccination was completely depleted within hours of delivery to the employee health center; the current vendor will not receive another shipment for 2 weeks). N/A Compatibility / Proprietary (One of a Kind or No Substitute Available): Describe the research completed to determine that there is only one product or service capable of meeting the County's existing conditions and that no other vendor can provide a product, component, or replacement part that may be substituted. Hunden Strategic Partners has performed extensive research on the need, configuration, location and revenue and expense potential of the proposed new sports complex in Collier County. The institutional knowledge they hold on this project, plus their national reputation for work on similar sports facilities puts this firm in the unique position of being the logical and most affordable choice for the ongoing consulting services the County needs to complete this project. Authorized Distributor: Describe the research completed to find similar features and operability, and a letter from the manufacturer naming the single source authorized distributor(s) in the southwest Florida region. This firm was chosen for these sports complex consulting services through a competitive bid process and was chosen by the selection committee, the TDC and the BCC unanimously to perform these services. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Jack Wert Digitally signed by Jack Wert Signature: Jack Wert" Date: 07/23/2017 Division Director: Jack Wert Digitally signed by Jack Wert Signature: Jack Welt Date: 2017.07.2308:17:15 Date: 07/23/2017 -04'00' Procurement Strategist: Adam Northrup cn=adamnorthrup@colliergo /7�) Signature: v.net '00'04- Date: 16:19:39 2017.08.16 L Procurement Director: Edward F. Coyman Jr. Signature: Date: Attachments: X Business Case, ❑ Sole/Single Source Letter, 0 Executive Summary for Standardization Business Case for Standardization, Sole, or Single Source Waivers Provide a Business Case for each waiver you have requested, articulating the product and service it performs. 1. Provide information on why a particular product and/or vendor was chosen. These consulting services are an integral part of the design and build phase of this BCC approved sports complex construction project and Hunden Strategic Partners have the most detailed experience with this and similar projects. 2. If the product requested is one -of -a -kind item, provide background information on how this was determined and backup resources utilized. Hunden has been the consulting partner in this project since its inception and were selected for this work in a competitive bid process. Retaining Hunden will ensure the consistency of information and provide checks and balances om this project moving forward. 3. What would the impact be to change to a di fferent product (include: training, inventory parts, maintenance, project (or staff time) to replace the item? The cost and time to be educated on the two years of work that have already gone into this project would cause unacceptable delays in the completion of the various steps in the design and build phases of this project. Hunden also set up the proposed proforma for this venue and maintaining their input will ensure that we move forward in-line with they projected fiscal model. 4. If unique features are required to successfully perform the required function, identify those features and why they are required and cannot be substituted. (Be specific) Hunden is uniquely qualified to assist the County in this project with national expertise in the feasibility, design and building phases of sports complexes. Provide information on other models available and why they were rejected. Provide brand name, model, vendor name, date and name of each resource contacted. To "exactly match existing equipment" or to "inter -member (connect) with existing equipment" is not normally an acceptable justification for sole brand. When you determine this is a justified factor that should be considered; the quantity, manufacturer, brand, model, property number of the existing equipment, and necessity for "interfacing" must be provided. Hunden has project specific experience with this Collier County project and with similar projects throughout the US. 6. Provide product listing of sole/single sourced items you are purchasing. Consulting services to assist the County through the design and building phase of the BCC approved construction of a new sports event facility. Keeping Hunden on the project team throughout the phasing of the build will give us access to their professional experience and evaluation of this project from start to finish. Requester: Jack Wert Division Director: Jack Wert Digitally signed by Jack Jack Wertwet 0400?on.ozz3 08:26:41 Signature: Digitally signed by Jack Wert Jack Wert Date: 2017.07.23 08:27:34 Signature: -04'00' 7/23/17 7/23/17 **Waiver requests that exceed $50,000 require board approval and must be signed by department head** Department Head: Signature: Date: Instructions Completed waiver requests accompanied by the business case and backup documentation must be submitted to the division’s Procurement Strategist for any amount above $3,000. Purchases above $3,000 require three quotes or formal competition. The division must provide justification to the Procurement Director to request consideration to waive the competitive purchasing process and purchase from a single vendor. Waivers of greater than $50,000 will require approval by the Board of County Commissioners. To qualify for a waiver: select a waiver category, provide the research conducted and the supporting rationale and acquire the approval signature from your director. Send the waiver request, the business case and contract materials to your Procurement Strategist. Requester Name: Vendor Name: Division: Item / Service: Budget Year: Anticipated Cost: Sole Source: Single Source: Standardization: Emergency: Describe the public health or safet y issues that requires the immediate product or service (i.e., The supply of vaccination was completely depleted within hours of delivery to the employee health center; the current vendor will not receive another shipment for 2 weeks). Compatibility / Proprietary (One of a Kind or No Substitute Available): Describe the research completed to determine that there is only one product or service capable of meeting the County’s existing conditions and that no other vendor can provide a product, component, or replacement part that may be substituted. Authorized Distributor: Describe the research completed to find similar features and operability, and a letter from the manufacturer naming the single source authorized distributor(s) in the southwest Florida region. It is a felony to knowingly circumvent a competitive process for commodities or services by fraudulently specifying sole source. Florida Statute 838.22(2). Requested by: Signature: Date: Division Director: Signature: Date: Procurement Strategist: Signature: Date: Procurement Director: Signature: Date: Attachments: Business Case, Sole/Single Source Letter, Executive Summary for Standardization Collier County Waiver Request Business Case for Standardization, Sole, or Single Source Waivers Provide a Business Case for each waiver you have requested, articulating the product and service it performs. 1. Provide information on why a particular product and/or vendor was chosen. 2. If the product requested is one-of-a-kind item, provide background information on ho w this was determined and backup resources utilized. 3. What would the impact be to change to a di fferent product (include: training, inventory parts, maintenance, project (or staff time) to replace the item? 4. If unique features are required to successfully perform the required function, identify those features and why they are required and cannot be substituted. (Be specific) 5. Provide information on other models available and why they were rejected. Provide brand name, model, vendor name, date and name of each resource contacted. To “exactly match existing equipment” or to “inter-member (connect) with existing equipment” is not normally an acceptable justification for sole brand. When you determine this is a justified factor that should be considered; the quantity, manufacturer, brand, model, property number of the existing equipment, and necessity for “interfacing” must be provided. 6. Provide product listing of sole/single sourced items you are purchasing. S e: Date: **Waiver requests that exceed $50,000 require board approval and must be signed by department head** Department Head: Signature: Date: