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#17-7229-WV Agreement (Hunden Strategic Partners) AGREEMENT 17-7229-WV for Sports Facilities Assessment THIS AGREEMENT, made and entered into on this I e.\ day of odobur 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"): 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 # 85-8015966531C-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@hundenpartners.com Page 2 of 13 kA-ON, #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( 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 4of13 t •° #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. Page 5of13 #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)(a)-(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 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 7of131CP #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. 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(cr7colliergov.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. * * * * * 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 • isiTY, FLORIDA f ' '' &A./Lid/ i' ' 1111 Penny Tayl ►' airma , �� Dated. II !. . Ili ( M s to Chairman's' signature only, Consultants Witnesses: Hunden Strategic Partners, Inc. Consultant F"--tivit— _.....- By: First Witne s Si natu e 7.ob t1v� . i?f d� 18 I its„«( 3-. IL°�,�g'��� TType/print signature and titleT TType/print witness name r k,a44,7,---- Second itne s )0 ch.,/1 Dean z art-c-1-c7 Approved as to Form and Legality: TType/print witness name cdott,a0 Assistant County Attrney COMerl i &yee/i/ke 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 $34,500.00 Lump Sum — Monthly Upon Recommendations Report 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. Collier County Collier County Administrative Services Department Waiver Request Procurement Seriices Division 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: 0 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). pp Digitally signed by Jack Wert Requested by:Jack Wert Signature: Jack Wert Da e:2017.07.2308:16:09 Date:07/23/2017 Digitally signed by Jack Wert Division Director:Jack Wert Signature: Jack Wert Date:2017.07.2308:17:15 Date:07/23/2017 -04'00' c n=a d a m n o rth ru p@ c o l l i e rg o Procurement Strategist:Adam Northrup Signature: ,0004-16:19:382017.08.16 Date: Procurement Director: Edward F. Coyman Jr. Signature: Date: Attachments: 0 Business Case, ❑ Sole/Single Source Letter, ❑ 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 ho w 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. 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. 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. Digitally signed by Jack Jack Wert Jack Wert Date:2017.07.2308:26:41 7/23/17 Requester: Signature: _0400' Digitally signed by Jack Jack Wert Jack Wert Dae:2017.07.23 08:27:34 7/23/17 Division Director: Signature: .0400 **Waiver requests that exceed $50,000 require board approval and must be signed by department head** Department Head: Signature: Date: • ��® ACORD C DATE(MM/DD YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Alan Schulte PRODUCER NAME: Shepherd Insurance, LLC. PHONE (317)846-5554 (A/c,No):(317)846-5444 (A/C,No Ext E-MAIL SS:aschulte@shepherdins.com 111 Congressional Boulevard ADDRE Suite 100 INSURER(S)AFFORDING COVERAGE NAIC# Carmel IN 46032 INsuRERA:National Fire Insurance of Hartford 20478 INSURED INSURERB:Valley Forge Insurance Company 20508 Hunden Strategic Partners, Inc. INSURERc:CNA Insurance Company 20443 3614 N CALIFORNIA AVEINSURERD:The Continental Insurance Co 35289 INSURER E: - CHICAGO IL 60618 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1742856747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR! ADDLISUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD,WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 A ; 1 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Y 6012131894 4/30/2017 4/30/2018 MED EXP(Any one person) $ 10,000 ' PERSONAL&ADV INJURY ! $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ! GENERAL AGGREGATE $ 4,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 Professional Liability $ 1,000,000 OTHER: AUTOMOBILE LIABILITYEa aBINEDt SINGLE LIMIT $ 1,000,000 X 'ANY AUTO BODILY INJURY(Per person) $ B ALL SCHEDULED AUTOS 6020828538 4/30/2017 4/30/2018 BODILY INJURY(Per accident) $ NON-OWNED ' PROPERTY DAMAGE $ X HIRED AUTOS ' ../. AUTOS (Per accident) I X UMBRELLA LIAB X OCCUR i EACH OCCURRENCE $ 3,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 6016671725 , 4/30/2017 4/30/2018 $ WORKERS COMPENSATION X PER I OTH- STATUTE I ER AND EMPLOYERS'LIABILITY , Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A D (Mandatory in NH) 6020998933 3/13/2017 3/13/2018 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A , Professional Liability 1 6012131894 4/30/2017 4/30/2018 Each claim Limit: 2,000,000 (Errors & Omissions) Agrgregate limit: 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Per attached form SB300113D 06/16, Collier County Board of County Commissioners is included as additional insured for general liability but only if required by written contract or written agreement. Per attached form SB146932E, 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commission THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 3295 Tamiami Trail E Building C2 Naples, FL 34112 AUTHORIZED REPRESENTATIVE Alan Schulte/ACHAMB _ %f ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I NS025(201401) CNA SB-146932-E (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 h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for WHO IS AN INSURED is amended to include as an its own acts or omission or those of its additional insured any person or organization employees or anyone else acting on its (referred to below as vendor) with whom you behalf. However, this exclusion does not agreed, because of a written contract or agreement apply to: to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of (1) The exceptions contained in "your products" which are distributed or sold in the Subparagraphs d. or f.; or regular course of the vendor's business, subject to (2) Such inspections, adjustments, tests or the following additional exclusions: servicing as the vendor has agreed to 1. The insurance afforded the vendor does not make or normally undertakes to make apply to: in the usual course of business, in connection with the distribution or sale a. "Bodily injury" or "property damage" for of the products. which the vendor is obligated to pay damages by reason of the assumption of 2. This insurance does not apply to any insured liability in a contract or agreement. This person or organization, from whom you have exclusion does not apply to liability for acquired such products, or any ingredient, part damages that the vendor would have in the or container, entering into, accompanying or absence of the contract or agreement; containing such products. b. Any express warranty unauthorized by you; 3. This provision 2. does not apply to any vendor included as an insured by an endorsement c. Any physical or chemical change in the issued by us and made a part of this Policy. product made intentionally by the vendor; 4. This provision 2. does not apply if "bodily d. Repackaging, except when unpacked solely injury" or "property damage" included within the for the purpose of inspection, "products-completed operations hazard" is demonstration, testing, or the substitution excluded either by the provisions of the Policy of parts under instructions from the or by endorsement. manufacturer, and then repackaged in the original container; 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED is amended to include as an adjustments, tests or servicing as the insured any person or organization (called vendor has agreed to make or normally additional insured) described in paragraphs 2.a. undertakes to make in the usual course of through 2.h. below whom you are required to add business, in connection with the distribution as an additional insured on this policy under a or sale of the products; written contract or agreement but the written contract or agreement must be: f. Demonstration, installation, servicing or repair operations, except such operations 1. Currently in effect or becoming effective during performed at the vendor's premises in the term of this policy; and connection with the sale of the product; 2. Executed prior to the "bodily injury," "property g. Products which, after distribution or sale by damage" or "personal and advertising injury," you, have been labeled or relabeled or but used as a container, part or ingredient of Only the following persons or organizations are any other thing or substance by or for the additional insureds under this endorsement and vendor; or SB-146932-E Page 1 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06/11) coverage provided to such additional insureds is banners, or decorations and similar limited as provided herein: exposures; or a. Additional Insured —Your Work (b) The construction, erection, or removal of elevators; or That person or organization for whom you do work is an additional insured solely for (2) This insurance applies only with respect liability due to your negligence specifically to operations performed by you or on resulting from your work for the additional your behalf for which the state or insured which is the subject of the written political subdivision has issued a contract or written agreement. No coverage permit. applies to liability resulting from the sole This insurance does not apply to "bodily negligence of the additional insured. injury," "property damage" or"personal and The insurance provided to the additional advertising injury" arising out of operations insured is limited as follows: performed for the state or municipality. (1) The Limits of Insurance applicable to c. Controlling Interest the additional insured are those Any persons or organizations with a specified in the written contract or controlling interest in you but only with written agreement or in the respect to their liability arising out of: Declarations of this policy, whichever is less. These Limits of Insurance are (1) Their financial control of you; or inclusive of, and not in addition to, the Limits of Insurance shown in the (2) Premises they own, maintain or control Declarations. while you lease or occupy these premises. (2) The coverage provided to the additional insured by this endorsement This insurance does not apply to structural and paragraph F.9. of the definition of alterations, new construction and "insured contract" under Liability and demolition operations performed by or for Medical Expenses Definitions do not such additional insured. apply to "bodily injury" or "property d. Managers or Lessors of Premises damage" arising out of the "products- completed operations hazard" unless A manager or lessor of premises but only required by the written contract or with respect to liability arising out of the written agreement. ownership, maintenance or use of that specific part of the premises leased to you (3) The insurance provided to the and subject to the following additional additional insured does not apply to exclusions: "bodily injury," "property damage," or "personal and advertising injury" arising This insurance does not apply to: out of the rendering or failure to render (1) Any "occurrence" which takes place any professional services. after you cease to be a tenant in that b. State or Political Subdivisions premises; or A state or political subdivision subject to (2) Structural alterations, new construction the following provisions: or demolition operations performed by or on behalf of such additional insured. (1) This insurance applies only with respect to the following hazards for which the e. Mortgagee, Assignee or Receiver state or political subdivision has issued A mortgagee, assignee or receiver but only a permit in connection with premises with respect to their liability as mortgagee, you own, rent, or control and to which assignee, or receiver and arising out of the this insurance applies: ownership, maintenance, or use of a (a) The existence, maintenance, premises by you. repair, construction, erection, or This insurance does not apply to structural removal of advertising signs, alterations, new construction or demolition awnings, canopies, cellar operations performed by or for such entrances, coal holes, driveways, additional insured. manholes, marquees, hoistaway openings, sidewalk vaults, street SB-146932-E Page 2 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06/11) f. Owners/Other Interests — Land is H. Other Insurance Leased 4. This insurance is excess over any other An owner or other interest from whom land insurance naming the additional has been leased by you but only with insured as an insured whether primary, respect to liability arising out of the excess, contingent or on any other ownership, maintenance or use of that basis unless a written contract or specific part of the land leased to you and written agreement specifically requires subject to the following additional that this insurance be either primary or exclusions: primary and noncontributing. This insurance does not apply to: 4. LEGAL LIABILITY—DAMAGE TO PREMISES (1) Any "occurrence" which takes place A. Under B. Exclusions, 1. Applicable to after you cease to lease that land; Business Liability Coverage, Exclusion k. or Damage To Property, is replaced by the (2) Structural alterations, new following: construction or demolition k. Damage To Property operations performed by or on behalf of such additional insured. "Property damage" to: g. Co-owner of Insured Premises 1. Property you own, rent or occupy, including any costs or expenses A co-owner of a premises co-owned by you incurred by you, or any other and covered under this insurance but only person, organization or entity, for with respect to the co-owners liability as co- repair, replacement, enhancement, owner of such premises. restoration or maintenance of such h. Lessor of Equipment property for any reason, including prevention of injury to a person or Any person or organization from whom you damage to another's property; lease equipment. Such person or organization are insureds only with respect 2. Premises you sell, give away or to their liability arising out of the abandon, if the "property damage" maintenance, operation or use by you of arises out of any part of those equipment leased to you by such person or premises; organization. A person's or organization's 3. Property loaned to you; status as an insured under this endorsement ends when their written 4. Personal property in the care, contract or agreement with you for such custody or control of the insured; leased equipment ends. 5. That particular part of any real With respect to the insurance afforded property on which you or any these additional insureds, the following contractors or subcontractors additional exclusions apply: working directly or indirectly in your behalf are performing operations, if This insurance does not apply: the "property damage" arises out of (1) To any "occurrence" which takes place those operations; or after the equipment lease expires; or 6. That particular part of any property (2) To "bodily injury," "property damage" or that must be restored, repaired or "personal and advertising injury" arising replaced because "your work" was out of the sole negligence of such incorrectly performed on it. additional insured. Paragraph 2 of this exclusion does not Any insurance provided to an additional insured apply if the premises are "your work" designated under paragraphs b. through h. and were never occupied, rented or above does not apply to "bodily injury" or held for rental by you. "property damage" included within the Paragraphs 1, 3, and 4, of this "products-completed operations hazard." exclusion do not apply to "property 3. The following is added to Paragraph H. of the damage" (other than damage by fire or BUSINESSOWNERS COMMON POLICY explosion) to premises: CONDITIONS: SB-146932-E Page 3 of 5 (Ed. 06/11) CNA S B-146932-E (Ed. 06/11) (1) rented to you: 6. Broad Knowledge of Occurrence (2) temporarily occupied by you with The following items are added to E. the permission of the owner, or Businessowners General Liability Conditions in the Businessowners Liability (3) to the contents of premises rented Coverage Form: • to you for a period of 7 or fewer consecutive days. e. Paragraphs a. and b. apply to you or to any additional insured only when such A separate limit of insurance applies to "occurrence," offense, claim or "suit" is Damage To Premises Rented To You known to: as described in Section D — Liability and Medical Expenses Limits of (1) You or any additional insured that is an Insurance. individual; Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in (4) Any "executive officer" or insurance the "products-completed operations manager, if you or an additional insured hazard." is a corporation; B. Under B. Exclusions, 1. Applicable to (5) Any trustee, if you or an additional Business Liability Coverage, the last insured is a trust; or paragraph of 2. Exclusions is deleted and replaced by the following: (6) Any elected or appointed official, if you Exclusions c, d, e, f, g, h, i, k, I, m, n, and or an additional insured is a political o, do not apply to damage by fire to subdivision or public entity. premises while rented to you or temporarily This paragraph e. applies separately to you occupied by you with permission of the and any additional insured. owner or to the contents of premises rented to you for a period of 7 or fewer 7. Bodily Injury consecutive days. A separate limit of Section F. Liability and Medical Expenses insurance applies to this coverage as Definitions, item 3. "Bodily Injury" is deleted described in Section D. Liability And and replaced with the following: Medical Expenses Limits Of Insurance. "Bodily injury" means bodily injury, sickness C. The first Paragraph under item 5. Damage or disease sustained by a person, including To Premises Rented To You Limit of death, humiliation, shock, mental anguish or Section D. Liability And Medical mental injury by that person at any time which Expenses Limits Of Insurance is results as a consequence of the bodily injury, replaced by the following: sickness or disease. The most we will pay under Business 8. Expanded Personal and Advertising Injury Liability for damages because of "property Definition damage" to any one premises, while rented to you, or temporarily occupied by a. The following is added to Section F. you, with the permission of the owner, Liability and Medical Expenses including contents of such premises rented Definitions, item 14. Personal and to you for a period of 7 or fewer Advertising Injury, in the consecutive days, is the Damage to Businessowners General Liability Premises Rented to You limit shown in the Coverage Form: Declaration. h. Discrimination or humiliation that results in 5. Blanket Waiver of Subrogation injury to the feelings or reputation of a natural person, but only if such We waive any right of recovery we may have discrimination or humiliation is: against: 1. Not done intentionally by or at the a. Any person or organization with whom you direction of: have a written contract that requires such a waiver. a. The insured; or SB-146932-E Page 4 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06/11) b. Any "executive officer," director, (16) Fines or Penalties stockholder, partner, member or Fines or penalties levied or imposed by manager (if you are a limited liability company) of the insured; a governmental entity because of and discrimination. 2. Not directly or indirectly related to the c. This provision (Expanded Personal and employment, prospective employment, Advertising Injury) does not apply if past employment or termination of Personal and Advertising Injury Liability employment of any person or person by is excluded either by the provisions of the any insured. Policy or by endorsement. b. The following is added to Exclusions, 9. Personal and Advertising Injury Re-defined Section B.: Section F. Liability and Medical Expenses (15) Discrimination Relating to Definitions, item 14, Personal Advertising Room, Dwelling or Premises Injury, Paragraph c. is replaced by the following: Caused by discrimination directly or c. The wrongful eviction from, wrongful entry indirectly related to the sale, rental, into, or invasion of the right of private lease or sub lease or prospective sale, occupancy of a room dwelling or premises rental, lease or sub-lease of any room, dwelling or premises by or at the that a person or organization occupies direction of any insured. committed by or on behalf of it's owner, landlord or lessor. SB-146932-E Page 5 of 5 (Ed. 06/11) SB300113D 0616 Policy#: 6012131894 CNA ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Collier County Board of County Commissioners Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an insured, but only with respect to such person or organization's liability for"bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. in the performance of your ongoing operations; or 2. in connection with premises owned by or rented to you. D. However, if coverage for the additional insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to "bodily injury" or"property damage" included within the"products-completed operations hazard." Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged.