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CM-2015-908 - 10/2/2015
CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SPORTS FACILITIES ADVISORY, LLC THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § THIS AGREEMENT for professional consulting services related to a Business Plan for the City's proposed Old Settlers Park Multi -Purpose Fields Project (hereinafter referred to as the "Agreement") is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664- 5299 ("City"), and SPORTS FACILITIES ADVISORY, L.L.C. located at 600 Cleveland Street, Suite 910, Clearwater, Florida 33755 (hereinafter "Consultant"). RECITALS: WHEREAS, City previously determined that there is a need for the delineated services; and WHEREAS, City desires to enter into an Agreement with Consultant for consulting services related to the proposed Old Settlers Park Multi -Purpose Fields Project as set forth herein; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be until all contractual obligations are completed by Consultant to the satisfaction of City, but in no event shall exceed twelve (12) months. (iM- 7_0 /S -jog 00341879/ss2 C. City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause pursuant to Section 1.10. 1.02 SCOPE OF WORK A. For purposes of this Agreement Consultant has issued its Proposal, being dated August 28, 2015, attached as Exhibit "A," and incorporated herein for all purposes. Consultant shall perform its services in accordance with this Agreement and in accordance with Exhibit "A." Consultant shall satisfactorily provide all services and deliverables described in the Proposal's "Scope of Services" (pages 3-4 of Exhibit "A") within the contract term specified in Section 1.01. Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in a professional and workmanlike manner. B. Consultant shall not undertake work that is beyond the services set forth in the Proposal (Exhibit "A"). However, either party may make written requests for changes to the Proposal. To be effective, a change to the Proposal must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described in Section 1.04 hereof. 1.03 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES A. Not -to -Exceed Total Payment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Thirty -Nine Thousand Dollars and no/100 ($39,000.00) per year. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work done on behalf of City. This amount includes all reimbursable expenses, including travel costs. B. Payment for Reimbursable Expenses: City shall reimburse Consultant for reasonable Reimbursable Expenses for travel in an amount not to exceed Five Thousand Dollars and no/100 ($5,000.00) which is included as part of the total not -to -exceed fee of $39,000.00 set forth in Section 1.03(A). Travel reimbursements may be made for meals, travel, and lodging as follows: (1) all travel shall be in coach and not business class; (2) reasonable ground transportation and toll road charges shall be reimbursable; (3) lodging shall be in a hotel located within City limits; and (4) meals shall be reimbursed at an amount not -to -exceed $55.00 per day per Consultant. It shall be in the sole discretion of City to determine if expenses are reasonable and qualify for reimbursement pursuant to the terms of the Agreement. Consultant is responsible for providing all receipts to City for the reimbursement of items set forth above. 2 Costs of personal entertainment, amusements, alcoholic beverages, traffic citations, personal items or illegal activities will not be reimbursed. Expenses due to vacations or personal trips in conjunction with City travel are not reimbursable. Adequate travel time is allowed, but travel expenses are not paid for absences not required by City business. C. Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. D. Additions: No additions shall be made to Consultant's compensation based upon project claims, whether paid by City or denied. 1.04 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.05 INVOICE REQUIREMENTS; TERMS OF PAYMENT A. Invoices: To receive payment, Consultant shall prepare and submit a series of quarterly detailed invoices to City for services rendered. Each invoice for professional services shall detail the service performed, along with documentation. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Should additional backup material be requested by City, Consultant shall comply promptly. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspecting and auditing. If City has any dispute with work performed, then then City shall notify Consultant within thirty (30) days after receipt of invoice. In the event of any dispute regarding the work performed, then and in that event Consultant shall either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate credit. B. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.09 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant 3 and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. C. Offsets: City may, at its own option, offset any amounts due and payable hereunder against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 1.06 REQUIRED REPORTS Consultant agrees to provide City with any necessary detailed interim and final written reports, together with all information gathered and materials developed during the course of the project. Additionally, Consultant agrees to provide City with any necessary oral presentations or such detailed interim and final written reports, at City's designation and at no additional cost to City. 1.07 LIMITATION TO PROPOSED SERVICES Consultant and City agree that the services to be performed are enumerated in Exhibit "A," and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 1.08 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Consultant a written notice of termination at the end of its then -current fiscal year. 1.09 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Consultant will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: 4 (a) There is a bona fide dispute between City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (d) The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 1.10 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, provided a written termination notice is given to Consultant not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, provided such agreement is in writing. (3) By either party for failure by the other to perform the services set forth herein in a satisfactory manner, provided such notice is given to the other party in writing. (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Consultant. City shall pay Consultant for all uncontested services performed to date of notice of termination. If City terminates this Agreement for default on the part of the Consultant, then City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the Consultant to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.11 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.12 NON -SOLICITATION All parties agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 1.13 CONFIDENTIALITY; AND MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. 6 Any and all materials created and developed by Consultant in connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of City at the expiration of this Agreement. 1.14 WARRANTIES Consultant warrants that all services performed shall be performed consistent with generally prevailing professional or industry standards, and be performed in a professional and workmanlike manner. Consultant shall re -perform any work no in compliance with this warranty. 1.15 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof. 1.16 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 1.17 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 7 (3) Withhold state or federal income tax from any of Consultant's payments. If requested, City shall provide Consultant with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.18 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 1.19 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 1.20 DESIGNATION OF REPRESENTATIVES City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Susan L. Morgan, CPA, CFO City of Round Rock 221 East Main Street Round Rock, TX 78664 Consultant hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Jason Clement, COO/CFO Sports Facilities Advisory, L.L.C. 600 Cleveland Street, Suite 910 Clearwater, FL 33755 1.21 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 8 (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Sports Facility Advisory, L.L.C. 600 Cleveland Street, Suite 910 Clearwater, FL 33755 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.23 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.24 DISPUTE RESOLUTION City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration 9 proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.25 ATTORNEYS FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorney fees. 1.26 FORCE MAJEURE Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Consultant shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Consultant to perform its obligations hereunder. 1.27 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.28 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to City and according to generally accepted business practices. 10 1.29 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. City agrees to provide Consultant with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated City of Round Rock, Texas By: [ 'AftPrinted N e. % N Title: e Date Signed: 1 —D - / For City, Attest: By: C#/yVrl/'V�M/VVV Sara L. White, City Clerk For Cipproved as o Form: B - J Steph L. S eets, City Attorney 11 Sports Facilities Advisory, By: P me Name: tp r M � itl iAAijh --P-Y- ., e-& + Date Signed "A L ,A SPORTS FACILITIES gSPOR ADVISORYAN i1i TS FACILITIES AGEMENT.. PROPOSAL Pre -work & On -Site Strategic Planning Session Management & Operation Plan Marketing Plan Detailed Financial Plan (Pro Forma) Formal Presentation Presented to: City of Round Rock AUGUST 28, 2015 THE SPORTS FACILITIES ADVISORY I THE SPORTS FACILITIES MANAGEMENT Exhibit "A" ® DpVISORY. F�MANAGEMENT. LETTER OF INTRODUCTION Susan, SFA ISFM PROPOSAL CITY OF ROUND ROCK It has been a pleasure speaking with you. We are encouraged by Round Rock's continued vision for how sports impact the community. We also believe in the transitive property of sport, recreation, and entertainment in dramatically improving the lives in communities while creating economic vitality. We are thrilled to present this proposal, which details our recommended steps at this stage while also providing potential future options to consider. As you know, we have assisted a wide range of projects from early strategy and planning, through funding, opening, and on to successful operation. We hope to count this most recent development in Round Rock among the many success stories. We are thankful that you are considering us and we look forward to the opportunity of serving you. Sincerely, Jason Clement Owner/COO The Sports Facilities Advisory & The Sports Facilities Management 600 Cleveland Street, Suite 910 1 Clearwater, FL 33755 Office: 727.474.3845, ext. 104 1 Fax: 727.361.1480 1 Mobile: 210.382.4354 JClement@sportadvisory.com I www.sportadvisory.com Exhibit "A" �i ADVISORY �MANAGEMENT . SFA I SFM PROPOSAL CITY OF ROUND ROCK STEP 1: HISTORIC DOCUMENT REVIEW & PRELIMINARY MARKET DEMOGRAPHICS STUDY In this step, the SFA team will review any existing and historical data, documentation, and resources related to your project. Also during this step, SFA will review and analyze various factors (demographics, sports participation rates, competitors, etc.) that is tailored to sports tourism venue planning. The SFA team will be comprised of ownership, business analysts, and facility management and tournament marketing and management professionals. Note: The review and analysis will be based on the existing design - 95% construction document set. STEP 2: SITE VISIT & BUSINESS DEVELOPMENT PLANNING AND STRATEGY SESSION (BDPS) This step includes a site and market tour and a facilitated strategic/ development planning session. These on-site meetings will help to provide insights into the project history, scope, needs, purpose, goals, and constraints. This step also assists SFA in learning potential contributors to success for your project as well as potential challenges, and we will discuss any suggestions or modifications that could ensure a greater likelihood of success. This will include additions/ modifications to the program plan, "right sizing" of the sport spaces, financing structure, etc. These meetings will help to ensure that SFA and your team are aligned regarding information sharing and project milestones moving forward. STEP 3: MANAGEMENT AND OPERATION PLAN SFA will provide a management plan, objectives and operational guidelines recommended for the management of the RR -MPF. The plan shall include the following: • Grand Opening timeline, milestones and promotional objectives based on current design and identify any alternative timelines • Identify staffing or contracting needs personnel for marketing, management, operations and maintenance of the facility STEP 4: MARKETING PLAN SFA will provide an overview of the marketing methodology proposed to solicit events for facility booking to maximize usage and revenue. Overview shall detail approach to securing, scheduling and promoting events and shall include the following: • Marketing methodology and proposed budget • Sponsorship marketing • Key industry relationships • Synergies between other facilities managed by the City • Number of annual out-of-town visitors anticipated • Number of hotel nights anticipated • Economic impact projections STEP 5: DETAILED FINANCIAL FORECAST (PRO FORMA) Exhibit "A" >> r svomsr IMEs Fr Imes ADVISORY 9scornMANAGEMENT. SFA I SFM PROPOSAL CITY OF ROUND ROCK In this step, SFA will complete more in-depth research/analysis to produce a full pro forma. This is the key document for any individual or group seeking to build and operate a sports facility. SFA's pro formas are detailed, institutional -grade financial forecasts. This stage of analysis will include detailed research, assumptions, and back-up data for each facility program area and for each product offering, as well as direct calls to local sports organizations, other potential user groups, and industry vendors and alliances. Your pro forma will be highly detailed, with the analysis encompassing the following key elements: • The Business Model • Debt -to -Equity mix & debt service assumption • Program spaces and square footage space requirements • Construction and start-up cost estimate • Parking considerations • Revenue by product/program • Operating cash flow, ROI, and economic impact based on projected events and overnight stays • Program schedule and utilization projections by program and by season/session • Pre -Opening Expenses • Management and staffing model • Recommendations for the programming and sports offerings • Additional expenses This stage of work will "right size" the facility given the vision, space requirements, and programming needs that can facilitate a successful and financially viable model. The pro forma will define in very clear terms, the financial results, risks, upside, and sensitivity of the business model. STEP 6: FORMAL PRESENTATION To culminate the entire scope of services, two SFA representatives will travel back to the City of Round Rock to formally present the final findings, conclusions, recommendations, and next steps to the City. The comprehensive report and presentation shall encompass the market findings/ opportunity /potential, as well as the sports tourism opportunity. It will also include SFA's professional conclusions, insights, and recommendations related to the proposed overall facility plan, business and revenue model, utilization plan and projections, the funding strategy and options, sports event travel industry trends, suggested management approach and options, the attraction of new youth and amateur sporting events, and the overall market feasibility. Exhibit "A" �J,O;M !-f SP RTS FACIL'Es SPoRTS FACILITIES ADVISORY. OMANAGEMENT. SFA I SFM PROPOSAL CITY OF ROUND ROCK Financing Support SFA's strategy and advisory services, introductions to our preferred Investment Bankers, presentation materials, and other support is intended to provide everything necessary to attract investor support. SFA also has extensive experience in structuring public private partnerships, which can include tax abatement, guaranteed lease payments by public entities, advantageous land lease rates, marketing support, and other forms of public contribution. The financing strategy for each project is unique. Your definition of success, the types of funding that your program plan and organization qualify for, the size of the capital requirement, and other factors will influence the strategy and terms. Every SFA Financing Support Package begins with a strategy and planning session. This is a 3 to 4 hour planning session with pre and post work. Next, SFA will produce a timeline and schedule for the production and delivery of the critical documents and presentation materials, as well as consult and support that are needed throughout this process. We then move into a series of action steps, weekly or every other week calls, and presentations as we raise the necessary capital. SFA will often involve an investment bank in this process to bring additional expertise and contacts. This additional partner may require fees or a percentage of capital raised. Operations and Opening Development Plan & Timeline Once we have arrived at a final program plan we will need to document the pre -opening process as a project plan or development timeline. This detailed pre -opening timeline will include a date -driven set of action items which will set the deadlines for brand creation, vendor bid procurement, bid review and approval, major construction milestones, staff hiring, operations manual development, pre- opening marketing, Grand Opening events planning, and literally hundreds of other projects that will need to be accomplished in a sequential order to achieve an on-time opening with an operations and staff that work well. The purpose of this plan is to provide all parties with a common set of expectations, dates, milestones, action items, and accountabilities. This timeline provides your team with the schedule of events that are necessary for a successful opening. It will include hundreds of pre -opening projects that can be managed by SFM or a combination of SFM and other vendors selected by your team. The Development Timeline will detail action plans and timelines for: • Pre -opening staffing and recruitment schedule • Pre -opening brand and marketing action plan • Pre -opening facility development process to include vendor selection, construction timeline, major sequencing of sports/ lighting, concessions, seating, and other aspects of the sports complex development process. • Bookkeeping procedures and financial reporting structures • Point of sale and cash, credit card, and other payment procedures • Development of the employee and operations manuals • Website and communications plan Exhibit "A" SFA I SFM PROPOSAL CITY OF ROUND ROCK ®ADVISORY I�MANAGEMENT • Pre -opening sales/ contracting plan • Pre -opening facility operations, security, maintenance, plan • Pre -opening budget review and construction project review meetings with your team • Grand Opening Events Plan • And a variety of other aspects that will be critical for a successful and on time opening SFM's Full -Time Management Services (FTM) SFM's Full Time Management Services (FTM) includes the placement of a full-time SFM-employed GM and Assistant GM in your facility. This solution includes the selection and ongoing development of your GM/AGM. As an SFM GM/AGM your facility will be led by an individual who is fully accountable to SFM and who views their role in optimizing your facility as a true career path. Far too often facilities are led by a GM who is content with status quo. SFM's culture attracts and develops ambitious, bottom-line oriented managers. Additionally, only SFM GM/AGM's are part of the SFM network of GM's. This means that your facility will be led by a GM/ AGM who participates in the SFM weekly call with other SFM employed GM's and with the team of SFM operations advisors. This call requires each facility manager to report in on the progress they are making against established goals and it provides opportunity for each of our GM's to seek perspective from other managers who are dealing with or have already overcome similar challenges. The result is that your facility will be managed to utilize the culture of accountability, best practices, proven strategies, and profit -focused tactics that are constantly honed within the SFM FTM network. With SFM's FTM program, your GM/AGM will reports directly to the COO and VP of SFA. The GM will be fully accountable to employing SFA best practices and to executing on every action item identified in your annual business plan and monthly action plan. No excuses and no gap between the plan, goal, and the on -the -ground execution. With the FTM program you benefit from: • Full-time SFM General Manager and Assistant General Manager • GM constant learning and accountability through the SFM FTM National Network • Replacement of GM and placement of temporary, experienced GM in event of a departure • A career -minded industry professional • A culture of accountability • Annual Business Plan written for your facility by SFM • Monthly "budget vs. actual" meeting and monthly action planning session • Weekly participation in the SFM FTM Network • Quarterly Performance Evaluation of the GM with a copy of each evaluation sent to you; you can participate in every evaluation as well • Unlimited access to the SFM library of Customer Service, Group Events Sales, Revenue Optimization Resources • Monthly owners report and board/owners meeting to include the GM and an SFM Owner • Direct reporting of your GM into SFM ownership Exhibit "A" SFA ISFM PROPOSAL SromS FAC uries Sv RTS FnauMes CITY OF ROUND ROCK DADVISORV I�MANAGEMENT QUALIFICATIONS The Sports Facilities Advisory I The Sports Facilities Management www.Sportadvisory.com 600 Cleveland Street, Suite 910, Clearwater, FL 33755 1 P: (727) 474-3845 1 F: (727) 361-1480 Year Established: 2003 1 Type of Ownership: LLC Main Contact: Jason Clement I Direct: (210) 382-4354 1 Email: JClement®sportadvisory.com FIRM OVERVIEW The Sports Facilities Advisory (SFA) and The Sports Facilities Management (SFM) are transforming the youth and amateur sports industry through accurate forecasting, effective planning, and proven management systems. The SFA I SFM Team has overseen the financial planning and development of a portfolio of more than $4 billion in sports, recreation, fitness, and entertainment venues. This year, SFM managed facilities will host over 16 million unique guest visits. SFA has developed proprietary research tools, methodology, and financial modeling approaches to produce institutional -grade financial forecasts and program plans for new and existing assets including sports, fitness, recreation, and entertainment venues. Our predictive analytics and financial forecasts focusing on facility performance, economic impact, and overall utilization are currently being relied upon by bond, grant, private equity, traditional debt, and other non-traditional capital markets. SFA oversees all of our planning and funding support services. SFM opens and manages or provides turnaround and optimization support to a wide variety of indoor and outdoor sports complexes, aquatic facilities, tournament venues, community recreation, adventure parks, wellness centers, and waterparks. SFA I SFM's government services division provides economic impact, advisory, planning, and management services to government funded sport, recreation, and entertainment venues. SFA I SFM is proud to support professional local government management through the International City Managers Association Strategic Partner Program. Exhibit "A" 6 _r 1W7.11 '! �krj SFA I SFM PROPOSAL scams FNAES scoArs Faciuries CITY OF ROUND ROCK ®ADVISORY. �MANAGEMENr. SERVICES SFA is called upon to assist clients with the Planning and Funding services. • Planning Services include detailed financial forecasts, feasibility studies, market reports, program development, design support, master planning, and economic impact forecasting. Our propriety methods produce the industry's most accurate financial forecasts with assumptions rooted in real world data, regional and national benchmarks, and management experience. • Funding Services include documentation and presentation services to funding sources including government decision-making bodies, private equity groups, bondholders, banks, investors, underwriters, and other non-traditional funding sources. SFM is called upon to assist clients in the Opening and Management of new facilities and to provide Optimization services to existing venues. • Opening Services include the setup and development of operational systems, staff recruitment and training, pre -opening marketing and sales, equipment procurement, program development, grand opening planning. Essentially SFM serves as the single point of accountability to the client and serves throughout the process as the owner's representative and chief advisor. Management Services include full-time facility management and asset management or management advisory services. SFA can take full responsibility for the day-to-day operations or provide systems and processes to existing operations. SFM's full-time managed assets regularly outperform industry benchmarks based on our innovative approach to programming, leadership, and driving bottom line results. • Optimization Services include facility and operational reviews, marketing and sales systems development, and turnaround services for existing operations. These services are designed to integrate SFM's proven systems into operations that are under -performing. SFM has supported several multi-million dollar turnaround projects that have taken clients from annual losses into profitability. Exhibit "A" "J I Tri SFA ISFM PROPOSAL Dsr FACIu ES svoars WILMes CITY OF ROUND ROCK AOVISORV BMANAGEMENr. WHAT MAKES SFA I SFM UNIQUE Our Mission To dramatically improve the health and economic vitality of the communities we serve. In 2014 our client venues hosted 12 million visits and in 2015 we will host more than 16 million. We know that this is positively influencing the health and economic vitality of our society. Results Together, SFA and SFM have overseen the accurate financial forecasting, opening and set up of management for more yOouth and amateur sporting venues than any other firm we know of. We consistently outperform forecast, manage many of today's most notable sports tourism venues, and we consistently produce results that set new standards for operations around the world. Focus We are focused on youth, amateur, and community sports and special events centers. This includes planning, funding, opening, and management services for regional events centers, community recreation centers, sports tourism venues, adaptive sports, membership programs, academies/clinics, tournaments, senior activity, and turf, court, ice, aquatics, adventure, and more. Suite of Services SFA I SFM is the only full service firm that can take clients beyond market analysis, business planning, financial forecasting and support clients through opening and operations. Most importantly, our services produce results and our management expertise consistently outperforms forecast. Leading the Market SFA I SFM advisors are called upon by major media outlets including The Wall Street Journal, Forbes Sports Money, NBC News, CNBC, and hundreds of other local and regional media sources. SFA I SFM advisors are also featured speakers at nearly every major trade association meeting and a named partner to The International City/County Management Association (ICMA), The Aspen Institute Project Play Initiative, and numerous other leading organizations. Ability to BringFundi unding SFA I SFM is unique in that our forecasts and feasibility studies often lead to the creation of successful financing documents. The SFA I SFM Team has established relationships with funding sources for public- private partnerships and for private developers. An Ever -Expanding Network Importantly, SFA I SFM currently provides full-time on-site management and management consulting services to facilities across the U.S. This network of facilities allows our managers to learn from one another and to leverage scale in a variety of purchasing and planning processes. Our Team of World -Class Professionals Our team of over 200 special events, sports, finance, legal and community sport professionals is unparalleled. Collectively the SFA I SFM team has planned, opened, and operated entertainment, sports, and recreation centers in every region of the U.S. and most major international markets. Exhibit "A" �] r1, SP WS CILW I�ADVISORY SPoWSFA IMIES OMANAGEMENT. SFA I SFM PROPOSAL CITY OF ROUND ROCK Dev Pathik Founder & CEO The Sports Facilities Advisory I The Sports Facilities Management For more than 20 years Dev has owned, operated, and advised, a wide range of sport, adventure, education, and special events venues. He is widely regarded as an industry innovator who has integrated adventure sports, education, leadership development, and traditional sports to develop highly impactful operations that make a difference to communities. Dev is focused on the future of sport and the societal impacts that well planned and managed operations can support. Under his leadership SFA I SFM have achieved a global brand presence and the measurable impacts to become respected as the leader in strategy, finance, and management of community sport centers. Dev's expertise and thought leadership has been sought out by The Wall Street Journal, Forbes, MarketWatch, CNBC, NBC, The Aspen Institute Sports & Society and many other industry press outlets. Jason Clement Partner & COO/CFO The Sports Facilities Advisory I The Sports Facilities Management Jason has lead SFA and SFM's development as globally recognized leaders focusing on transforming the health and economic vitality of the youth and amateur sports marketplace. Jason provides strategy and execution while overseeing the organizational development with emphasis on the core values within the SFA I SFM culture. Jason transitioned from sports facility architecture and corporate real estate asset management prior to joining SFA as a partner in 2005. He conceptualized and led the launch of SFM overseeing the development of the organization and management systems. He is also an experienced advisor having provided strategy, financial, and operational expertise to new and existing venues throughout the U.S., the Caribbean, Europe, Middle East, Canada, Asia, Africa and Central America. Recognized by the Tampa Bay Business Journals as its "2012 40 -under -40 Hall of Fame' honoree for business accomplishments and community/philanthropic involvement, Jason remains focused on initiatives that promote family, youth development and community. Exhibit "A" 10 iT5 ADVISORY MANAGEMENT. SFA I SFM PROPOSAL CITY OF ROUND ROCK Eric Sullivan Partner & Principal The Sports Facilities Advisory I The Sports Facilities Management Having served in nearly every operational role through SFA I SFM's growth, Eric Sullivan now assists new clients in strategic planning and aligning our services to the client needs. Early in his career, Eric developed the original financial and market analysis tools that SFA is most well known for and led the first facility opening projects in our company history that paved the way to SFM. Since joining SFA I SFM in 2006, Eric has overseen and advised dozens of facility developments from market research and feasibility through development and into operations. His work in domestic and international markets has included projects in the U.S., Canada, Caribbean, United Kingdom, Latin America, Asia, and the Middle East. Eric currently leads SFA SFM's expansion efforts in our continued vision to integrate sports, fitness, education, leadership development, and adventure sports into communities around the globe. In 2012, he was honored as a member of the Tampa Bay Business Journal's "30 Under 30" Up and Comers class. In total, Eric has been a catalyst for SFA's growth, leading the entire planning, funding, and grand opening of more than $500 million in sports, fitness, recreation, and entertainment facilities. Evan Eleff Vice President The Sports Facilities Advisory Evan oversees SFA's team of strategic advisors, business analysts, and research specialists, providing leadership and direction in the development and delivery of all facility planning products and services. Since joining SFA in 2012, Evan has served a portfolio of over 125 projects totaling more than $1.5 billion in planned and operational sports tourism, community recreation, and large-scale, master -planned sport and recreation destinations. Prior to joining SFA, Evan spent more than eight years in facility operations and program development in the sports and wellness industry. Evan holds a Master's Degree in Sports Management from University of Florida and formerly served as operations director for the largest YMCA branch in the Tampa Bay region. Exhibit "A" �1697.11 Tri SPJP18 FALN➢ES SRTS FA IR IES ADVISORY. BPOMANAGEMENT. SFA ISFM PROPOSAL CITY OF ROUND ROCK Jack Adams Vice President The Sports Facilities Management Jack is an experienced venue operator with more than 20 years of facility leadership experience. His career has included turn -around, start-up, and management of sports and recreational venues as well as concert, hotel, retail, dining, and theatrical facilities. His work in facility optimization has included public and private ownership groups in dozens of markets. Jack served The United States Military as a Marine before going on to work with the House of Blues, Live Nation, Ryman Entertainment, and others. Steve Goris Planning & Management Advisor The Sports Facilities Advisory I The Sports Facilities Management Steve spent his early career overseeing hotel, convention center, and sports facility developments. His work in urban revitalization projects has included roles in the planning, financing, and operational phases of sports tourism, community sport, convention center, and hotel improvements. Steve provides strategy, management, and finance services to a number of communities throughout the United States and internationally. He most recently oversaw the development and opening of the largest indoor sports complex in North America, Spooky Nook Sports in the Lancaster, Pennsylvania region. Prior to the opening of Spooky Nook Sports, Steve worked as a hospitality consultant with Interstate Hotels and Resorts where he worked with Marriott and the exclusive Kalahari Resorts. Exhibit "A" 12 .:ADVISORY �MANAGEMENT. SFA I SFM PROPOSAL CITY OF ROUND ROCK Dan Morton Business/Financials Analyst and Project Manager The Sports Facilities Advisory I The Sports Facilities Management Much like a baseball organization that finds success with its "homegrown" talent, Dan learned the business at Temple University's School of Tourism and Hospitality Management. He gained real-world experience at SFM- managed BucksMont Indoor Sports Center and now serves as a business analyst and project manager. Dan has served a portfolio totaling more than $1 Billion in new facility development plans. Dan utilizes a blend of operational experience combined with analytic modeling to produce the key resources and data sets that are utilized in financing new projects. Bruce Rector Advisor and General Counsel The Sports Facilities Advisory I The Sports Facilities Management Bruce taught Sports Law for more than 20 years and served as an athletic trainer assistant for the Indianapolis Colts. He served as the 58th president of Junior Chamber International (JCI), a 200,000 -member organization of young leaders and entrepreneurs from over 100 countries. Prior to joining SFA I SFM, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky where he led a team of professionals in organizing, hosting, and managing large sports and recreation programs including regional and national championship tournaments. In his final year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments and events. An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). Exhibit "A" 13 �169p., !117r, SFA ISFM PROPOSAL Sro sFe ILMss sFnaimes CITY OF ROUND ROCK BADVISOHV ©oowrsMANAGEMENT. 1. City of Round Rock (hereinafter referred to as "Client") hereby engages The Sports Facilities Advisory, LLC (hereinafter referred to as "Consultant") for the services set forth in this Agreement. 2. Scope of Services: The Client is engaging the Consultant to provide the services set forth on Exhibit A in the attached hereto and the Consultant is agreeing to provide the services set forth on Exhibit A in the attached hereto. 3. Confidentiality, Nondisclosure and Nonuse Covenants: For purposes of this Agreement, the party disclosing confidential information is the "discloser," and the party receiving the information is the "recipient." Confidential information means all information concerning either party's business including, but not limited to, all tangible, intangible, visual, electronic, present or future information such as (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data designs, and know-how; (d) business information, including operations, planning, marketing interests, and products and services; and (e) the terms of this Agreement. The recipient does not have an obligation to protect confidential information that is; (a) in the public domain through no action of the recipient; (b) within the legitimate possession of the recipient, with no confidentiality obligations to a third party; (c) lawfully received from a third party having rights in the information without restriction, and without notice of any restriction against its further disclosure; (d) independently developed by the recipient without breaching the agreement or by the parties who have not had, either directly or indirectly, access to or knowledge of the confidential information; or (e) disclosed with the prior written consent of the discloser. If confidential information is required to be produced by law, court order or government authority, the recipient must immediately notify the discloser of that obligation. The recipient will not produce or disclose confidential information in response to that obligation until discloser has requested protection from the court or other legal or governmental authority issuing the process and the request has been denied, or consented in writing to the production or disclosure of the confidential information in response to the process, or taken no action to protect its interests in the confidential information within 14 business days after the receipt of notice from the recipient of the obligation to produce or disclose. Recipient will use the confidential information only to further the relationship between the parties. Confidential information may not be disclosed to any third party without the written consent of the discloser or used by the recipient in any manner which may be competitive to the discloser. 4. Responsibility: Client assumes all responsibility for financial and other risks associated with the planning, development, operations & management of the Client's business and Consultant assumes no liability for the Client's project. The Client agrees to seek independent accounting and legal services that are necessary for the operation of Client's businesses. 5. Consultant Services: Client understands that consultant is a management consulting firm, is not licensed to sell securities, is not a licensed accounting practice nor licensed to practice law. 6. Governing Law: The execution, interpretation, and performance of this Agreement shall be governed by the laws of the State of Florida. Any lawsuits arising from this Agreement shall be brought before a Court of Law in Pinellas County, Florida. 7. Construction: The parties hereto acknowledge and agree that: (i) each party has participated in the drafting of this Agreement; (ii) no inference in favor of, or against, any party shall be drawn from the fact that one party has drafted any portion hereof; and (iii) each party has had the opportunity to have this document reviewed by their respective legal counsel. Exhibit "A" 14 ;19: mi 71r� SFA I SFM PROPOSAL SPO TSFACILI➢ES 05PoMSFACILI➢ES 1.11 I Vl 1lV U1V U 1(Vl.l� ADVISORY. {MANAGEMENT. 8. Entire Agreement: This Agreement and the attached Exhibit A contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements or understandings, expressed or implied, written or oral, between the parties hereto with respect to the subject matter hereof. This Agreement may not be modified or amended except by a written instrument signed by the parties hereto. 9. Compensation: Upon execution of this Agreement, the compensation for Exhibit A shall be due and owing as follows under the Payment Terms: Payment Terms - Exhibit A ($34,000.00+ Reimbursable Travel Expenses) • Payment 1 (Deposit) - $17,000.00: upon execution of contract. Consultant will not provide services until Payment 1 is made. • Payment 2 - $13,000.00 + Reimbursable Travel Expenses: To be invoiced upon review of the "first draft" pro forma. • Payment 3 - $4,000.00 + Reimbursable Travel Expenses: To be invoiced prior to delivery of final pro forma and onsite presentation. Preferred Payment. To avoid additional processing fees, the preferred payment method is via check. • Wire Transfers: Client is responsible for all additional fees associated with electronic wire transfers. • Credit Card Payments: For credit card payments, Client will be responsible for a 3% processing fee. In the event Client fails to make any payments when due, interest will be charged on the unpaid total in the amount of 18% per annum or the maximum rate allowed understate and fedeml law, whichever is greater. All payment due dates, unless otherwise stated, are to be within 30 days of receipt of the invoice. Deposit (or initial) payments are the exception as these payments are immediately due to engage Consultant for services. City of Round Rock "CLIENT„ M Print Name, Title Date Client Billing Address Invoicing/Billing Contact Name Sports Facilities Advisory, LLC "CONSULTANT" BY: Jason Clement, COO/CFO August 28, 2015 Date Invoicing/Billing Contact Email SFA OFFICE USE ONLY Contract Name: City of Round Rock Code: 4100 Category: Planning Services Exhibit "A" I SFA I SFM PROPOSAL SPOFTS IF LS II SPORTS FACURES CITY OF ROUND ROCK ADVISORY [MANAGEMENT STEP 1: HISTORIC DOCUMENT REVIEW & PRELIMINARY MARKET DEMOGRAPHICS STUDY In this step, the SFA team will review any existing and historical data, documentation, and resources related to your project. Also during this step, SFA will review and analyze various factors (demographics, sports participation rates, competitors, etc.) that is tailored to sports tourism venue planning. The SFA team will be comprised of ownership, business analysts, and facility management and tournament marketing and management professionals. STEP 2: SITE VISIT & BUSINESS DEVELOPMENT PLANNING AND STRATEGY SESSION (BDPS) This step includes a site and market tour and a facilitated strategic/ development planning session. These on-site meetings will help to provide insights into the project history, scope, needs, purpose, goals, and constraints. This step also assists SFA in learning potential contributors to success for your project as well as potential challenges, and we will discuss any suggestions or modifications that could ensure a greater likelihood of success. This will include additions/ modifications to the program plan, "right sizing" of the sport spaces, financing structure, etc. These meetings will help to ensure that SFA and your team are aligned regarding information sharing and project milestones moving forward. SFA will provide reactions and recommendations during this session, which may influence the program plan. STEP 3: MANAGEMENT AND OPERATION PLAN SFA will provide a management plan, objectives and operational guidelines recommended for the management of the RR -MPF. The plan shall include the following: • Grand Opening timeline, milestones and promotional objectives based on current design and identify any alternative timelines • Identify staffing or contracting needs personnel for marketing, management, operations and maintenance of the facility STEP 4: MARKETING PLAN SFA will provide an overview of the marketing methodology proposed to solicit events for facility booking to maximize usage and revenue. Overview shall detail approach to securing, scheduling and promoting events and shall include the following: • Marketing methodology and proposed budget • Sponsorship marketing • Key industry relationships • Synergies between other facilities managed by the City • Number of annual out-of-town visitors anticipated • Number of hotel nights anticipated • Economic impact projections Exhibit "A" UL S I �- 7 y SFPCILITIES ,lSPORiS FFCILITIES BADVIS&V tlMANAGEMENr. SFA I SFM PROPOSAL CITY OF ROUND ROCK STEP 5: DETAILED FINANCIAL FORECAST (PRO FORMA) In this step, SFA will complete more in-depth research/analysis to produce a full pro forma. This is the key document for any individual or group seeking to build and operate a sports facility. SFA's pro formas are detailed, institutional -grade financial forecasts. This stage of analysis will include detailed research, assumptions, and back-up data for each facility program area and for each product offering, as well as direct calls to local sports organizations, other potential user groups, and industry vendors and alliances. Your pro forma will be highly detailed, with the analysis encompassing the following key elements: • The Business Model • Debt -to -Equity mix & debt service assumption • Program spaces and square footage space requirements • Construction and start-up cost estimate • Parking considerations • Revenue by product/ program • Operating cash flow, ROI, and economic impact based on projected events and overnight stays • Program schedule and utilization projections by program and by season/session • Pre -Opening Expenses • Management and staffing model • Recommendations for the programming and sports offerings • Additional expenses This stage of work will "right size' the facility given the vision, space requirements, and programming needs that can facilitate a successful and financially viable model. The pro forma will define in very clear terms, the financial results, risks, upside, and sensitivity of the business model. STEP 6: FORMAL PRESENTATION To culminate the entire scope of services, two SFA representatives will travel back to the City of Round Rock to formally present the final findings, conclusions, recommendations, and next steps to the City. The comprehensive report and presentation shall encompass the market findings/opportunity /potential, as well as the sports tourism opportunity. It will also include SFA's professional conclusions, insights, and recommendations related to the proposed overall facility plan, business and revenue model, utilization plan and projections, the funding strategy and options, sports event travel industry trends, suggested management approach and options, the attraction of new youth and amateur sporting events, and the overall market feasibility. Exhibit "A" 17 City of Round Rock ROUND ASD ROCK Agenda Item Summary Agenda Number: Title: Professional Consulting Services Agreement Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/2/2015 Dept Director: Susan Morgan, CFO Cost: Indexes: Attachments: CORR Agreement for Professional Consulting Services with Sports Facilities Advisory, LLC Department: Finance Department Text of Legislative File CM -2015-908 Professional Consulting Services Agreement Consider executing a Professional Consulting Services Agreement with Sports Facilities Advisorys, LLC for the Old Settlers Park Multi-Feilds Project SFA will provide a comprehensive business plan for the proposed project over the next 8 weeks. The draft report is expected the first week in November. Staff Recommends Approval City of Round Rock Page 1 Printed on 1011/2015