CITY OF DALLAS Request for Statements of Qualifications Management and Operation of City of Dallas Fair Park BBZ1701

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1 CITY OF DALLAS Request for Statements of Qualifications Management and Operation of City of Dallas Fair Park BBZ1701 Page 1 of 12

2 Contents Section 1: Introduction.3 Section 2: Background..3 Section 3: Selection/Contracting Process Overview..4 Section 4: Desired Scope of Services..5 Section 5: Qualifications....6 Section 5a: Capability and Expertise..6 Section 5b: Financial Capacity to Manage and Operate Venue....7 Section 5c: Demonstrated History of Partnering with Community to Raise Revenue...7 Section 6: Business Inclusion and Development (BID) Plan..7 Section 7: Pre-Submittal Conference Section 8: Selection of Qualified Responses 8 Section 9: Communication and Inquiries Section 10: Submittal Information and Due Date...9 Section 11: Insurance Requirements.9 Section 12: Performance and Payment Bond Section 13: Contract.. 10 Section 14: Confidentiality.10 Section 15: Ownership.10 Section 16: Conflict of Interest 10 Section 17: Indemnity 11 Section 18: Late and Withdrawn Submittals. 12 Section 19: Rejection or Acceptance of Submittals Section 20: Disqualification of Respondents.12 Section 21: Lobbying By Bidders and Proposers on City Contracts...12 Page 2 of 12

3 Section 1: Introduction The City of Dallas (City) is soliciting submittals from a non-profit 501(c)3 organization, or a business entity that will operate in a not-for-profit status, to oversee operations and management of Fair Park, a 277-acre signature, multi-venue park and entertainment complex owned and operated by the City. The primary area of geographic focus for this (as graphically depicted in Exhibit A Fair Park Map) is the area commonly known as Fair Park. The scope of work will include being responsible for full and complete development of Fair Park as a public park; maintaining and managing the grounds and facilities of Fair Park as a vibrant, year-round location for events, daily activities, and cultural enrichment; cultivating connections with and supporting revitalization of the surrounding neighborhood; administering third party contracts in City stead, including vendor concessions, licenses, and leases; securing and presenting future third party contract opportunities for Fair Park, including naming and sponsorships; and seeking and securing financial support opportunities for Fair Park through non-city sources. The operations and management contract will be subject to City s oversight. Additionally, the organization or entity shall assume from the City, if assignable, all obligations and duties under the contracts in Exhibit B Existing Fair Park Contracts. Section 2: Background Located two miles from downtown Dallas, Fair Park is a National Historic Landmark and offers more than 750,000 sq. feet of exhibition space, two performance facilities (amphitheater with capacity for 20,000 guests, and Music Hall with capacity for 3420 guests); five museums and cultural facilities; agricultural facilities (five barns, arena complex, show arena, and new Briscoe Carpenter Livestock Center under construction); indoor arena (capacity for 7,000 guests); Band Shell (capacity for 4,000 guests); and the Cotton Bowl Stadium (92,500-seat, outdoor stadium). Fair Park is the site of the annual State Fair of Texas and hosts numerous outdoor festivals and events throughout the year. In addition, Fair Park is home to the largest collection of Art-Deco architecture in the United States. Fair Park serves more than 5 million guests annually. Tenants at Fair Park include Dallas Summer Musicals Management Group which operates and hosts events in the Music Hall; Dallas Winds; Daughters of the American Revolution; Friends of Fair Park (Magnolia Lounge); Live Nation, which operates the Gexa Energy Pavilion; the Ed Campbell Company, which operates the Old Mill Inn; the Dallas Historical Society, which operates the Hall of State Museum; the Texas Discovery Gardens; Dallas Zoo Management, which operates the Children s Aquarium at Fair Park; the African American Museum; Perot Museum of Nature and Science (former Natural History) at Fair Park; and the State Fair of Texas. Each of these entities have term agreements with the City of Dallas. City operations which include WRR FM Radio, Dallas City News Television, and the Dallas Police Department Mounted and Canine Units will continue their operations at Fair Park under City s management and will not be included in the scope of work. On September 3, 2014, the Mayor s Fair Park Task Force presented its final report to a joint meeting of the Dallas City Council and the Park and Recreation Board. One of the Task Force s key recommendations Page 3 of 12

4 was to empower a new organization as the operational and marketing authority for Fair Park with the City providing sufficient operational and capital funding. On May 7, 2015, the Park and Recreation Board passed a Resolution supporting the Mayor s Fair Park Task Force Key Recommendations with proposed modifications, including the requirement for a 501(c)(3) entity to implement a public-private partnership, with a diverse board including at least one member representing the surrounding Fair Park community and one member with historic preservation expertise. Fair Park is to be used solely for park purposes, including: serving as the location of recreational facilities and activities, cultural institutions and programs, sporting events, entertainment, and educational programs with a cultural or recreational component; and providing other support facilities and activities, concessions, and parking. The City is now seeking qualifications from qualified operators that should be prepared to assume the management of Fair Park, the first step toward implementing the recommendations set forth by the Mayor s Fair Park Task Force. The City anticipates establishing a management agreement with the successful non-profit 501(c)3 organization, or a business entity that will operate in a not-for-profit status, for Fair Park s development, enhancement, operation, management, maintenance, and marketing (including fundraising). The City, through its Park and Recreation Board and the Park and Recreation Department, has successfully contracted with non-profit entities to manage other City facilities with a very specific target audience and mission, including the Dallas Arboretum, the Dallas Zoo, the Trinity River Audubon Center, and MoneyGram Soccer Park. The City holds similar contracts for the management of cultural institutions including the Dallas Museum of Art, the AT&T Performing Arts Center, and the African American Museum. The City has also contracted with a for profit entity to operate its Convention Center Hotel as a not-forprofit operation. Section 3: Selection/Contracting Process Overview The City will use a two-step process: This request for qualifications is the first step. In this step, the City has established requirements to select qualified parties to be considered further. An evaluation committee will evaluate the qualifications of the respondent(s), according to the established criteria in this solicitation. In step two, the City will invite respondents it deems qualified to submit a complete proposal to develop, enhance, maintain, manage, and operate Fair Park. An evaluation committee will evaluate the proposals to determine the most advantageous proposal to be considered for award. Each qualified respondent shall be asked to provide a submittal with all relevant and factual information for evaluation. Failure to provide requested submittal documents may adversely affect a respondent s score. If the evaluation committee is unable to determine qualifications due to lack of documentation provided by the respondent, the respondent will receive few or no points for the respective evaluation criterion. If necessary, during step one and/or two, the City may request a formal presentation of the submittal to the evaluation committee. Page 4 of 12

5 Section 4: Desired Scope of Services The City s desired scope of services for this project is outlined below and may be modified. 1. Develop, enhance, maintain, manage, and operate Fair Park: (A) Execute the recommendations of the Mayor s Fair Park Task Force Report, as amended by the Park and Recreation Board Resolution, including the development of a new year-round community park. (B) Identify in what additional ways the Park can be developed for multiple year-long uses. (C) Establish effective community relations (including cultivating connections with and supporting revitalization of the surrounding neighborhood), marketing, promotions, sponsorships, and advertising. (D) Enhance and maintain Fair Park as a national historic landmark. (E) Support, maintain, and enhance the various cultural institutions located in Fair Park. (F) Support, maintain, and enhance sporting and recreation venues located in Fair Park. (G) Administer third party contracts, including vendor contracts, concessions, licenses and leases, and contracts securing and presenting future events, programming, and visitor attraction opportunities for Fair Park. 2. Prepare a strategic plan and business plan for the implementation of a centralized, comprehensive, and integrated management organization to potentially become a selfsupporting enterprise responsible for the planning and capital development for needed improvements as well as the operations and maintenance of existing and new improvements at Fair Park. The business plan is to include analysis and recommendations for at least the following: funding model (start-up, short-term, and long-term) with phasing in of dedicated public and private revenue sources and uses of revenue; management structure and governance (including staffing with professionals with specialized expertise in public asset management); and process/timeline. 3. Update the 2003 Fair Park Comprehensive Development Plan. Page 5 of 12

6 Section 5: Qualifications The qualifications for the first step of the process are listed below. The respondent shall submit a Statement of Qualifications of fifty (50) pages or fewer, that clearly demonstrates how the organization/entity meets each criterion. In this request for qualifications, the term organization/entity shall mean a non-profit 501(c)3 organization, or a business entity that will operate in a not-for-profit status, and its board, officers, or employees. Qualification Selection Criteria 1. Capability and Expertise 40 points 2. Financial capacity to manage and operate venue 40 points 3. Demonstrated history of partnering with community to raise revenue 20 points The submittal shall be required to score no less than 70 points in order to qualify and be considered for step two. Section 5a: Capability and Expertise The submittal should demonstrate the respondent s capability and experience by providing: the name of the non-profit 501(c)3 organization or business entity that will operate in a not-forprofit status, date of formation, and current address; background/overview of the organization/entity; a list of officers or directors of the organization/entity, which should include/identify at least one member representing the surrounding Fair Park community and one member with historic preservation expertise; verifiable experience of the organization/entity with public sector projects; verifiable experience of the organization/entity with historic preservation; verifiable experience of the organization/entity establishing and maintaining working relationships with the State Fair of Texas, or other organizations of a similar size, purpose, and prominence; verifiable experience of the organization/entity with community engagement, including cultivating connections with residents and supporting community development/revitalization; resumes indicating demonstrated capability and expertise of key individuals of the organization/entity undertaking management, operations, and fundraising; or demonstrated ability to hire such expertise; background, verifiable experience, and demonstrated capability of other team members proposed for the management and operations; or demonstrated ability to hire such team members. Page 6 of 12

7 Section 5b: Financial Capacity to Manage and Operate Venue The submittal should demonstrate the respondent s ability to fund and sustain major projects and/or major multi-year projects, including, but not limited to, facilities construction/management/maintenance, capital campaigns, cultural institution projects/campaigns, major sporting/cultural/entertainment events, or other relevant projects. The respondent shall include information demonstrating how the organization/entity was successful in managing the project(s) within the operating budget, and how it addressed any unforeseen costs during the operational period. This section is not intended for the interested party to propose the financial plan to operate the Fair Park venue. Section 5c: Demonstrated History of Partnering with Community to Raise Revenue The submittal should demonstrate the respondent s ability to partner with public and private communities to raise funds to support, operate, and sustain major projects and/or major multi-year projects as described in section 5b. The respondent shall provide any financial (private or public) relationships and/or strategies used to raise funding for project(s). Section 6: Business Inclusion and Development (BID) Plan The intent of this section is to advise interested parties of the City s BID policy and the requirements thereof. Respondents are not required to submit documentation to adhere with this policy during the qualification phase. Qualified respondents shall address the below requirements during step two, proposal submittal process. It is the policy of the City of Dallas to involve Minority and Women-Owned Business Enterprises to the greatest extent feasible on the City s construction, procurement, and professional services contracts. The City and its contractors shall not discriminate on the basis of race, color, religion, national origin, or sex in the award and performance of contracts. In consideration of this policy, the City of Dallas has adopted the Business Inclusion and Development Plan (BID Plan) for all City of Dallas contracts. Section 7: Pre-Submittal Conference The City will hold a pre-submittal (pre-qualification) conference at 9:00 a.m., central time, on November 7, 2016, at Fair Park, Media Center at the Cotton Bowl Stadium, 3924 MLK Blvd, Dallas, Texas All prospective respondents are strongly encouraged to attend the conference, but attendance is not mandatory. The entrance is accessible through the Cotton Bowl Stadium ramp on the south side. The Media Center is located on level 3. The intent of this meeting is to provide parties interested in submitting a response the opportunity to ask questions related to the qualifications document. Interested parties also have an Page 7 of 12

8 opportunity to submit questions in writing. The deadline for submitting written questions is 4:00 p.m., central time, on November 11, Any written questions shall be submitted to the buyer at Please reference the solicitation number on the subject line. It is to a prospective respondent s advantage to read all sections of this document prior to the presubmittal conference and advise City staff of any questions regarding this solicitation s specifications or supporting documentation during the pre-submittal conference. Requests for additional information, questions submitted in writing by prospective respondents, along with questions from the pre-submittal conference, will be provided as an addendum on the City s website at: Section 8: Selection of Qualified Responses The City s evaluation committee will evaluate all responses received by the due date and time as part of the first step of a two-step selection process. During the qualification phase (step one), the committee will evaluate submittals based on the evaluation criteria in section 5. The City will provide a detailed specification and scope of work to respondents deemed qualified, and will request a proposal as part of the second phase (step 2) of the process. A second evaluation committee will then evaluate and rank the respondent s submittal/presentation to select the most advantageous proposal for recommendation. The City may, at any time, investigate a respondent s ability to perform work. The City may ask for additional information about the organization/entity and its work on previous contracts. Respondents may choose not to submit such information in response to City s request; however, if failure to submit such information does not clarify the City s questions concerning the ability to perform, the City may discontinue further consideration of a particular submittal. Please be aware that the City may use sources of information not supplied by the respondents concerning the ability to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City. All costs associated with the preparation and submission this RFQ, and subsequent proposal if a respondent is deemed qualified, are the responsibility of the respondent. These costs shall not be chargeable to the City by the successful or unsuccessful respondents. All submitted materials become the property of the City and will not be returned except in the case of a late submission. The City is not liable for any cost incurred by any respondent prior to signing of the contract by all parties. The prospective contractor should realize that payments in any given year are contingent upon the enactment of legislative appropriations. This RFQ contains no contractual offer of any kind. No contractual relationship will exist except pursuant to a written contract document(s) fully executed by the City. The City further reserves the right to terminate this RFQ process, at its sole discretion, for any reason or no reason. Should the City terminate this RFQ process, all respondents will be notified in writing. Page 8 of 12

9 Section 9: Communication and Inquiries During the solicitation process, the only contact with City personnel, other than with the Office of Business Development & Procurement Services, will be at the pre-submittal conference. All other questions should be submitted in writing and referred to the buyer listed below in Section 10. Section 10: Submittal Information and Due Date Sealed submittals shall be delivered in person or by mail to the address listed below by 2:00 p.m., central time, December 2, Starting at 2:01 p.m. on the due date, submittals will not be accepted and will be returned to the respondent unopened. Electronic, faxed, or ed submittals will not be accepted. All submittals shall include the project name and number, organization/entity name, address, telephone number, and designated contact person regarding the submission. One (1) original, eight (8) identical copies, and one (1) electronic PDF document (flash drive or CD only) of the submittal should be delivered to: Dallas City Hall Mario Alvarado Business Development & Procurement Services 1500 Marilla St. Room 3FN Dallas, TX All submittals shall be typed and bound on 8.5 x 11 paper. The following documents are required to be included with the submittal: Cover Letter: Provide a short cover letter (not to exceed 2 pages) with the name of the submittal, contact information for the respondent, including a primary contact name, mailing address, phone number, and address and a short summary of the respondent s understanding of the request. The letter should be signed by an authorized officer of the organization/entity proposing to serve as the lead contracting entity. Address all sections of criteria (not to exceed 50 pages) RFQ Signature Page Conflict of Interest form Business Information form Section 11: Insurance Requirements Qualified respondents shall address these requirements during step two, proposal process. The successful respondent will be required to purchase and maintain appropriate insurance, during the term of the contract, and agree to the indemnification agreement. Page 9 of 12

10 Section 12: Performance and Payment Bond Qualified respondents shall address these requirements during step two, proposal process. The successful respondent will be required to purchase and maintain, through the term of the contract, the required performance and payment bonds during the term of the contract. Section 13: Contract Qualified respondents shall address these requirements during step two, proposal process. Contract award is subject to approval by the City Council. The City will require the successful respondent to sign the necessary contract documents prepared by the City Attorney's Office. A sample contract will be available upon request for review of general terms and conditions in the Request for Proposal stage. Section 14: Confidentiality Any information deemed confidential shall be clearly noted as such on each page or pages of respondent s submittal. Efforts will be made to keep the marked information confidential; however, the City cannot guarantee it will not be required to disclose all or part of any public record under the Texas Open Records Act. The City will open submittals so as to avoid disclosure of contents to competing respondents and keep them secret and confidential during the entire process. It is the responsibility of the respondent to clearly mark and identify all portions of the submittal that contain trade secrets, confidential information, and other proprietary information. Such information contained in the submittals and clearly identified will not be made open for public inspection at any time, even after the contract has been awarded and executed (regardless of whether or not the respondent wins the contract). If a third party challenges the trade secret or confidential nature of certain information, it will be the responsibility of the respondent to defend the challenge to the State Attorney General s office. Section 15: Ownership Any and all creative concepts including Dallas specific logos, brands, scripts, storyboards, drawings, and/or design work (in native format), and all written information and other materials prepared for the execution of the project shall become the property of the City. Materials developed exclusively for the City may not be used in similar manner by any other municipality or other entity without express written consent from the City. Section 16: Conflict of Interest The respondent acknowledges that the following section of the Charter of the City of Dallas prohibits certain transactions between the City and its officers and employees, to wit: CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED Page 10 of 12

11 No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee. Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall there by forfeit the city official s or employee s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council. The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees. The prohibitions of this section shall not apply to the participation by city employees in federallyfunded housing programs, to the extent permitted by applicable federal or state law. This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund. This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of , Prop. No. 1; Amend. of , Prop. No. 15; Amend. of , Prop. Nos. 2 and 9) 11 Section 17: Indemnity The selected respondent agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected respondent s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected respondent, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected respondent and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Page 11 of 12

12 Section 18: Late and Withdrawn Submittals Submittals received by the City after the scheduled due date and time will not be considered. Any submittal may be withdrawn prior to the scheduled due date and time. Section 19: Rejection or Acceptance of Submittals This solicitation does not commit the City to award any contract. The City of Dallas reserves the right to reject any or all submittals, to waive technicalities or irregularities, and to accept any submittal it deems to be in the best interest of the City. The City reserves the right to reject specific elements contained in all submittals. Section 20: Disqualification of Respondents Respondents may be disqualified for non-compliance with requirements and, for any, but not limited to, the following reasons: 1. Reason to believe collusion exists among the respondents. 2. The respondent is involved in any litigation against the City of Dallas. 3. The respondent is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas. 4. The respondent s lack of financial stability. 5. The respondent s failure to use the City of Dallas approved forms or follow City of Dallas guidelines, procedures, rules, or regulations. Section 21: Lobbying By Bidders and Proposers on City Contracts (DALLAS CITY CODE SEC. 12A-15.8, SUBSECTION G) A PERSON RESPONDING TO A REQUEST FOR BIDS OR REQUEST FOR PROPOSALS ON A CITY CONTRACT SHALL NOT (EITHER PERSONALLY OR THROUGH A REPRESENTATIVE, EMPLOYEE, OR AGENT) LOBBYA CITY COUNCIL MEMBER FROM THE TIME THE ADVERTISEMENT OR PUBLIC NOTIFICATION OF THE REQUEST FOR BIDS OR REQUEST FOR PROPOSALS IS MADE UNTIL THE TIME THE CONTRACT IS AWARDED BY THE CITY COUNCIL. THIS SUBSECTION DOES NOT PROHIBIT A BIDDER OR PROPOSER FROM SPEAKING AT THE CITY COUNCIL MEETING WHERE THE AWARD OF THE CONTRACT IS CONSIDERED. (ORD ) Page 12 of 12