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HomeMy WebLinkAbout23-064 - National Golf Foundation Consulting - Foster Golf Links Business PlanCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-064(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and National Golf Foundation Consulting Inc. That portion of Contract No. 23-064 between the City of Tukwila and National Golf Foundation Consulting Inc. is hereby amended as follows: Section 3: The period of performance is extended from October 31, 2023 to December 31, 2023. All other provisions of the contract shall remain in full force and effect. Dated this 1st day of September, 2023. CITY OF TUKWILA DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 10/9/2023 1 11:45 AM PDT ATTEST/AUTHENTICATED: LDoc_uSigned by: austy IFIALtAl 88678483CB594E7... Christy O'Flaherty, City Clerk APPROVED AS TO FORM: EDocuSigned by: 6AL d„. 5E499CA4165E452... Office of the City Attorney CA Reviewed May 2020 CONTRACTOR: By: DocuSigned by: Z76Gf Ut1 F$Uf... Printed Name:Richard Singer Title: Director of Consulting Services Page 1 of 1 DocuSign Envelope IUD: 81073A89-IB225-4361B-91F61-11E31E79AAA90IE City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-064 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and National Golf Foundation Consulting, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform business plan services in connection with the project titled Foster Golf Links Business Plan. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending October 31, 2023, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than October 31, 2023 unless an extension of such time is granted in writing by the City. 4e Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. DocuSign Envelope ID: 81073A89-8225-4368-91F61-1E3E79AAA90E Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or riot. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other rnaterials by the City on any project other than the project specified in this Agreement. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3, Workers' Compensation coverage as required by the Industrial Insurance la the State of Washington. CA revised May 2020 Page 2 DocuSign Envelope IUD: 81073A89-IB225-4361B-91F61-11E31E79AAA90IE 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultants Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or othe ise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 DocuSign Envelope ID: 81073A89-8225-4368-91F61-1E3E79AAA90E 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any te of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any te , condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 4 DocuSign Envelope ID: 81073A89-IB225-4361B-91F61-11E31E79AAA90IE DATED this ........ ...._ day of CITY OF TUKWILA CONSULTANT CG%avla s&,peg Kay: 4042178f-01604623-a0tl4b9b 1 db5a82.dQ ..,...rr, Allan Ekberg, Mayor 04-12-2023 By; 20 Z; Printed Name; Tlitlle,� Attest/Authenticated: Approved as to Form: 100,0 0484fJdb 30134ib0 a080 017667d09033 City Clerk, Christy °'Flaherty CA ure'vlisedl rvt, " eSSigned via SeamleseDo0/\s..coom ae. Key: 7Jbc34D4-96J04544b21 ,tl6tl352166e9 Office of the City Attorney Page DocuSign Envelope IID: 81 D73A89-IB225-4361B-91F61-11E31E79AAA9DIE Exhibit A. Scope of Services Upon authorization to proceed, NGF will visit Tukwila to participate in kick-off meetings, do an on-site tour of Foster Golf Links, conduct interviews with key staff, and collect records and documentation on the recent historical performance of the facility. The study will include the following elements: Project Coordination and Kick -Off Meetings — The NGF consultants will travel to Tukwila to attend meetings and coordinate the field research phase of the engagement. During this time the consultant will meet with City staff to review the scope of work set forth in this proposal and establish a process for continued communication between the consultants and the City. Facility Physical Assessment — NGF consultants will perform a cursory inspection of Foster GL for the purpose of establishing current physical condition of all amenities (golf course, clubhouse, maintenance facilities, etc.). The NGF team will create prioritized capital improvement list for the facility, including a preliminary cost estimate range. The focus of the review will be to identify key areas that could be enhanced to either (1) improve revenue performance and/or (2) reduce expenses in the operation. Key areas to review will include (but not limited to): - Golf layout, playability and standards of quality - Cost benefit analysis of maintaining the golf course - Maintenance practices and budget • Condition of greens, tees, fairways, roughs, bunkers, cart paths • Irrigation system • Equipment, incl. long-term plan for replacement • Driving range + practice green • Clubhouse and other structures Facility Operations Analysis — NGF will review the golf and concession operations of Foster GL, including an on-site visit/inspection that will involve key City and facility personnel (Manager, Superintendent, Head Professional, F&B, etc.). The site visit and meetings will provide the necessary background to make business plan recommendations aimed at improving economic performance and accessibility. The operations analysis will include review of: • Staffing/personnel review and needs/duties assessment • Financial and activity records (P&L, budgets, rounds, etc.) • Review of concession agreement(s) • Product and service offerings and market position • Marketing activities and strategies • Fee review (golf, carts, passes, F&B, merchandise, etc.) - Clubhouse operations (F&B, pro shop, pavilion, etc.) • Programs in place (service, lessons, tournaments, etc.) NGF Consulting, Inc. -- Proposal #223006 FGL Business Plan RFQ 12 Stakeholder Input — The NGF consultant will meet with relevant golf stakeholders such as the Men's Association, Women's Association, and golf employees of Foster GL, as well as City leaders and elected officials to gauge their opinions about the golf course operation. We will also implement NGF's golfer survey program (GolfSat), which allows us to benchmark key satisfaction measures and get open-ended feedback from golfers. Analysis of New or Enhanced Revenue Opportunities — Based on our CA revised May 2D20 Page 6 DocuSign Envelope IUD: 81073A89-IB225-4361B-91F61-11E31E79AAA90IE review of Foster GL, market analysis, and meetings with City & golf course staff, NGF will identify and analyze all opportunities to increase activity and revenue that could be enacted with new programming and marketing initiatives. NGF will focus on those opportunities that are most likely to have the best return an the investment in necessary resources, and would have the most impact on expanding access to the full Tukwila community. Market Analysis - NGF Consulting will analyze the supply/demand dynamic that is driving the competitive public access golf market in the Tukwila / central Seattle -Tacoma area. We will document relevant local competition in terms of relative quality, services offered, fee structures, and trends in activity so that we can identify the appropriate price -value proposition for Foster Golf Links, We will also identify demographic and economic trends that may impact the continued operation of Foster Golf Links. Financial Analysis - Based on the results of the facility and market analyses, NGF will provide summary 10 -year rounds played and financial projections for the City golf facility, broken out by department (golf course, clubhouse, driving range, etc.). Projections will be presented for two scenarios. (1) assuming "as is" operation; and (2) assuming implementation of key NGF operational and capital improvement recommendations. This analysis will be structured to allow the City a better understanding of alternatives to reducing or eliminating any general fund subsidy that may be required to sustain Foster GL CA revised May 210210 Page DocuSign Envelope ID: 81073A89-8225-4368-91F61-11E31E79AAA901E Exhibit B. Scope of Services Part 1 - Project Coordination / Site Visit Part 2 — Foster GL Physical Assessment Part 3 — Foster GL Operations Analysis Part 4 — Stakeholder Input Part 5 —Revenue Enhancement Opportunities Part 6 - Market Analysis Part 7 - Financial / Sustainability Analysis Report De ivery and Presentations 1 otal Professional Fees Cost Included $6,000 $6,000 Included $4000 $2,000 $4,000 Included 11 Direct Project Expenses' (billed at cost - receipts provided) 1 otal $22,000 $3.000 11 CA revised filay 2020 $25,000 Page 8