TAURANGA S HEART OF THE CITY

1 REGISTRATION OF INTEREST Registration of Interest STRATEGIC ACTIVATION AND PLACE MAKING IN TAURANGA S HEART OF THE CITY

2 REGISTRATION OF INTEREST SECTION A OVERVIEW Create a sensational and surprising place that draws people into the city centre 1. INTRODUCTION 1.1 Purpose of Registration of Interest We invite interested parties to register their interest and submit their proposals to Tauranga City Council for the activation and place making of the soon to be vacant land at 91 Willow Street. Following the demolition of Council s administration building, approximately 1,800m² of space will be available until such a time as other projects commence on this land.* This opportunity is part of the Heart of the City programme, which Council s Elected Members approved in September 2016, to transform Tauranga s city centre. The Heart of the City programme is the progression of a range of Council-led projects in the city centre, intended to create a more vibrant, safe and successful Tauranga city centre. The projects include a new civic administration building and surrounding open space, business cases for a museum, city library and performance venue, future investment in the waterfront and streetscape, seeking a private developer to build a hotel on the Council-owned 21-41 Durham Street site, and living in the city centre. One of the first steps is to demolish the existing Council administration building, due to its poor condition and remediation of the building not being a viable option. The demolition of the administration building is programmed to start in April 2017, and is currently scheduled to be completed in September 2017. The demolition site will remain in place as a publicly accessible transitional space until such a time as other projects commence on this land. These projects could be a new museum and/or library, for which Council is developing business cases for, or potentially other uses. Decisions on the museum and library will be part of the 2018-28 Long Term Plan deliberations in June 2018. The space will be available for activation for a minimum of 12 months. Tauranga City Council (TCC) wants to reinvigorate the Tauranga city centre by creating a destination full of choices for people to enjoy. Activities, eateries and music to delight and to bring people back to the heart of Tauranga. A talented and innovative city full of opportunity A city with heart and soul * The site is adjacent to the public transport bus terminal and has direct sight lines to the waterfront across Masonic Park. It is also next to the Tauranga City Library which generates more than 7,200 visits per week. A city of great spaces, places and environments

3 REGISTRATION OF INTEREST 1.2 Tauranga s Heart of the City Tauranga City Council s shared aspiration for Tauranga is to be an Internationally Competitive City. An internationally competitive city is one where people want to live, work and invest. To sustain our growing city, we need talented people, businesses and investors to choose Tauranga. In a globalised economy we re now in competition with other cities and countries in this space. Great cities have vibrant city centres. The purpose of the Heart of the City programme is to work in partnership to create a vibrant, safe and successful city centre, where more people want to live, work, learn and play. This is in line with the City Centre Strategy, which seeks to establish the city centre as the commercial, civic and cultural heart of the sub region. The purpose of the Heart of the City Programme is to maximise the delivery of: - a more vibrant safe and successful city centre - improved value for money for the community - local and regional economic development - to encourage more people to visit the city centre and stay longer. Council-led projects encompassed within the Heart of the City programme include: - the new civic administration building and surrounding open space - business cases for a museum, a new library and performance venue - future investment in the waterfront and streetscape - living in the city centre.

4 REGISTRATION OF INTEREST 1.3 Strategic Activation Once Council s administration building is demolished, the site effectively acts as a temporary placeholder until such a time as it is developed. During this time, it is important to activate the space to support the objectives of the Heart of the City programme. In addition to the programme objectives, the objectives of the strategic activation of the space are as follows: - To provide a coordinated offering of activities in the space that aligns with and enhances the Heart of the City programme of work - To provide opportunities for the residents and visitors to utilise and enjoy the space. - To take an amazing central location and make the city centre exciting and relevant to new markets and demographics. - To provide a range of activities that link to the potential future uses of the land, being a museum and city library The City Centre Strategy provides an outline of the objectives of public spaces: - To enhance the outdoor life of the City Centre through the quality of its open spaces. - To provide a diversity of public spaces across the City Centre that serve a range of different functions, from small plaza spaces to large scale gathering spaces for major public events. - To enhance the appearance and amenity of the street spaces in the City Centre to ensure a vibrant and active street scene. - To utilise landscape and public art that projects the character and uniqueness of Tauranga. - Enlivens public spaces and showcases local talent. 1.4 Lease Opportunity We are inviting interested parties to register their interest and submit their proposals for the activation and programming of the soon to be vacant land at 91 Willow Street. The space will be available following the completion of the demolition of the existing Council administration building at 91 Willow Street, which is anticipated to be in September 2017. We offer the Site lease for activation for a minimum of 12 months. The space will be available until such a time as investment decisions are made on the museum and city library, and subsequent physical work occurs in this space. Extensions of the initial 12-month term will be on an as agreed basis. During this time it will be desirable that the space is: a) Programmed with ongoing activities, entertainment and ways for the public to enjoy the space. b) Freely accessible to the public for their enjoyment when activities are not programmed. c) Programmed to enhance the city centre as a destination. d) Used to showcase local talent. e) Networked with other city centre activities and events.

5 REGISTRATION OF INTEREST 1.5 Design of Space and Services Council will undertake the physical works to establish the platform for the space. Council will work with the successful provider in the design of the space and provision of services such as water supply, power points, lighting and CCTV coverage. Public toilets are located adjacent on Masonic Park. Council does not anticipate providing any ongoing financial support for the activation opportunity. 1.6 Lease Agreement Details Clauses covering the following points will be included in the lease agreement: a) The successful provider will manage the use of the Site. Should any other parties express an interest in the use of the Site, they will be directed to the successful provider for coordination. b) The space cannot be used for events, advertising or activities that directly compete with the objectives of the space. For example, promoting or advertising activities or businesses outside of the city centre. c) The successful provider will be required to undertake stakeholder management. d) The successful provider will meet regularly with Council s City Events team to coordinate and integrate the programming with other events. e) The successful provider will be responsible for ongoing operational and regulatory fees. f) H&S - provider will manage H&S compliance. Council will assist through review and comment on activity specific safety plans.

6 REGISTRATION OF INTEREST 2. DESCRIPTION OF REQUIREMENTS 2.1 Proposal Details We are inviting interested parties to register their interest and submit their proposals that clearly set out the following: a) Vision and objectives for the space. b) The type of community and/or business activities proposed and details of how these relate to the Council and the community s vision and objectives for the space. c) The facilities that will be provided, including service/storage methods. d) Any images or reference images that communicate the vision and facilities provided. e) A sample programme of events and activities. f) The opening hours proposed, and a minimum standard of activities and programming. g) Any requirements or expectations that proposals have of Council. h) Details of experience and track record and examples of working in place management and activation. i) H&S policy and procedures. Note: It is the provider s responsibility to carry out full due diligence before submitting response proposal, including but not limited to, investigating: 1. Regulatory consent requirements. 2. Mobile Shop Licence including Health Inspections. 3. Any other regulatory approvals required to undertake the activity.

7 REGISTRATION OF INTEREST SECTION B ROI PROCESS 3. REGISTRATION OF INTEREST PROCESS 3.1. Timetable The anticipated timetable for this ROI process is as follows: ACTIVITY Registration of Interest Released Registration of Interest Closes Respondents notified of outcome DATE 29 March 2017 2pm, 13 April 2017 25 April 2017 Respondents are to note that this timetable is indicative only, and may be subject to change at the sole discretion of Council. 3.2 Canvassing Respondents will not canvass any Tauranga City Council employees, contractors, consultants, Elected Members or anyone who has a direct working relationship with Tauranga City Council, other than the Authorised Representative, in relation to this ROI. Any respondent found to be canvassing, or to have canvassed, any Tauranga City Council employee, contractor, consultant, Elected Member or anyone who has a direct working relationship with Tauranga City Council, other than the Authorised Representative, regarding this ROI may be disqualified from further participation in this and/or any subsequent process. 3.3 Communication No communication will be entered into with any of the respondents except, in the following circumstances: Clarification of the ROI document by respondents (only prior to the prescribed closing date); or Tauranga City Council seeking clarification of aspects of submitted responses. All communication and/or correspondence between any respondent and Tauranga City Council will be conducted in writing through the following Authorised Representative: Tauranga City Council Authorised Representative Clinton Bowyer Email address: clinton.bowyer@tauranga.govt.nz Tauranga City Council will not be bound by any statement, written or verbal, made by any person other than the Tauranga City Council Authorised Representative stated in this section. The Tauranga City Council Authorised Representative is the only person authorised to make representations or explanations regarding this ROI document. 3.4 ROI Questions Questions can be submitted in writing via email to the Authorised Representative identified in section 3.3 of this ROI document. Questions and answers that Tauranga City Council deems relevant to all respondents will be published to all respondents. 3.5 Evaluation criteria Proposals will be selected against the criteria set out below: ROI REQUIREMENTS Proposal is compatible with Council and the community s vision and objectives for the city centre The type of community and/or business activities proposed and details of how these relate to the Council and the community s vision and objectives for the space A sample programme of events and activities. The opening hours proposed, and a minimum standard of activities and programming H&S Proven Track Record SPECIAL CONSIDERATIONS How the proposal delivers on the vision and objectives Community outcomes are maximised The space is available and activated during both day time and evening periods Illustrated proven track record including examples of previous work WEIGHT (%) 40% 60% Financial Viability PASS / FAIL

8 REGISTRATION OF INTEREST 3.6 Clarification of responses Respondents may be asked to clarify aspects of their ROI response, or provide additional information during the ROI evaluation. These requests will require a response within two working days, or the time specified in the written request from Tauranga City Council s Authorised Representative. Failure to respond to such a request within the stated timeframe may result in the exclusion of the ROI response from further consideration. 3.7 Communication of outcome All respondents who submit an ROI response will be notified in writing of the outcome of this ROI process. 3.8 Shortlisting and negotiation Tauranga City Council reserves the right to proceed directly to negotiation with shortlisted respondents. Should negotiations between Tauranga City Council and the preferred respondent(s) be unsuccessful, then Tauranga City Council reserves the right to re-evaluate the other shortlisted proposals. Further negotiations may commence if there is a proposal selected from this re-evaluation. Tauranga City Council is not bound to shortlist and negotiate an agreement with any respondent.

9 REGISTRATION OF INTEREST 4. ROI RESPONSE 4.1 Form, content and preparation of ROI response In submitting a response to this ROI opportunity, the respondent accepts, and agrees to comply with, the provisions of the ROI documents. Respondents should submit one response only, although this response may include one or more options/solutions. Responses are to be signed by the respondent. The cost of preparing and submitting a response shall be borne by the respondent. All responses will be retained by Tauranga City Council. 4.2 Submission of ROI responses The ROI will close at 2pm on the 13 April 2017. The responses can be submitted electronically to clinton. bowyer@tauranga.govt.nz or dropped off to Council s Tender Box. Emailed submissions must be a maximum of 10MB. The place of closing is: Tender Box Tauranga City Council Reception Area 91 Willow Street Tauranga Responses must be submitted in the format at Section C of this document, and must be clear, legible and provide all information requested in this ROI document. Responses must: be received on or prior to the time at the date stipulated as the closing date. Late responses may not be accepted by Tauranga City Council; be placed in a sealed envelope clearly marked Registration of Interest for Strategic Activation and Place Making of Tauranga s Heart of the City and Commercial in Confidence ; be addressed to the place of closing, marked for the attention of the contact name; and comprise one copy of your response. Any response received by Tauranga City Council that does not conform to all of the above conditions may be rejected, at the sole discretion of Tauranga City Council Any request for an extension of the closing date is likely to be declined.

10 REGISTRATION OF INTEREST 5. ROI CONDITIONS 5.1 Rights reserved by Tauranga City Council Tauranga City Council reserves the right to: re-advertise this ROI; suspend or cancel (in whole or in part) this ROI process and/or the overall procurement process; not proceed to negotiation; waive any irregularities or informalities in this ROI process; amend the closing date for submission of ROI responses, or any other date referred to or implied in this ROI, by the issuance of a written notice; vary this ROI by way of notice to tenderers; enter into discussions and/or negotiations with any one or more responders relating to matters dealt with in this ROI; not to proceed to evaluation of ROIs; seek clarification of any aspect or information provided in an ROI response, or seek further information from any party; and consider, accept for evaluation or reject any response received after the ROI closing date. 5.2 No obligation to discuss Nothing contained or implied in this ROI shall oblige Tauranga City Council to discuss, justify or give reasons for any of its decisions or actions relating to this ROI or any response. Respondents who are not selected from the ROI evaluation process, will be advised in writing that they have been unsuccessful and will be provided with a debrief, if requested. 5.3 Tauranga City Council s liability for information disclosed While Tauranga City Council endeavours to supply correct information, it disclaims, to the extent allowed by law, any liability (in contract and in tort, including negligence) to any party or other person if they rely on any information provided by Tauranga City Council in relation to the ROI. Those submitting ROI responses will be deemed to have: examined this ROI and all documents referenced (if any); considered all the risks, contingencies and other circumstances that may have an effect on their response; and satisfied themselves as to the correctness and sufficiency of their responses. 5.4 Clarification of information Responses to requests for clarification that relate solely to one respondent will be provided to the respondent requesting the clarification. All other clarifications issued by Tauranga City Council will be provided to all respondents by way of a Notice to Tenderers ( NTT ). 5.5 Information complete and accurate Each proposal must include the information as required by Tauranga City Council in this ROI. Information not specifically required by the ROI, but believed by the respondent to be of value in evaluating the responses, should be included as an addendum. All respondents warrant that: all information provided in their response is complete and accurate in all material respects; and the provision of information to Tauranga City Council, and the use of it by its employees, agents or contractors for the evaluation of responses and the possible subsequent negotiation and implementation of a licence to occupy agreement, will not breach any third party s intellectual property rights. 5.6 Confidentiality This ROI, and the information supplied by Tauranga City Council (either itself or through its consultants or advisors) in connection with this ROI, is confidential. You must not release or disclose any of the information to any other person (other than your employees or advisors) without the prior written consent of Tauranga City Council. Respondents are advised that Tauranga City Council is subject to the Local Government Official Information and Meetings Act 1987, and respondents should make their responses Commercial in Confidence if they wish to protect specific information. Tauranga City Council cannot, however, guarantee that information marked as such can be protected if Tauranga City Council receives a request for information under that Act. 5.7 Advertising and statements No advertising, press release, public statement or other information relating to the ROI, any subsequent proposal or licence to occupy agreement shall be published by the respondent without the prior written consent of Tauranga City Council. 5.8 Copyright Copyright in every document (electronic and paper) comprising this ROI belongs to Tauranga City Council. All rights are reserved. This ROI document must be kept secure, and must not be used, stored, copied or passed on in any form by any means without Tauranga City Council s prior written consent in each case. 5.9 Conflict of interest Respondents should disclose any conflicts of interest in relation to the matter covered by this ROI. (Refer to the conflict of interest disclosure form at the back of this ROI document). 5.10 Acceptance of gifts In compliance with Tauranga City Council policy, gifts, inducements, promotional products or services, etc. should not be offered to any Tauranga City Council employee, agent, consultant, Elected Member or contractor acting on behalf of Tauranga City Council at any time. Any respondent attempting to provide gifts, inducements, promotional products or services to any Tauranga City Council employee, agent, consultant, Elected Member or contractor acting on behalf of Tauranga City Council may be disqualified from the evaluation process. 5.11 Governing law This ROI is governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction to all matters relating to this ROI. 5.12 Subject to contract All parties submitting an ROI response agree that: this ROI and any provision contained in it does not give rise to a separate process contract between Tauranga City Council and that party; and nothing in this ROI, or in the relationship of Tauranga City Council and that party, imposes any duty of care on Tauranga City Council, and any such duty of care is expressly excluded.

11 REGISTRATION OF INTEREST SECTION C INFORMATION REQUIRED FROM RESPONDENTS INSTRUCTIONS You are required to answer each question and/or provide the information requested in this section. You must use this titling system in your response and respond in the same sequence. Where a question is not relevant to your ROI response, you must indicate N/A or Not Applicable against the respective question number in your ROI response. If the question invites you to comment and you choose not to, then you must indicate No Comment against the respective question number in your ROI response. A No Comment may constitute a fail during evaluation. The ROI response form, Declaration form and Conflict of Interest form contained in this section must be completed, signed and returned, along with your responses to the questions. Any partial compliance or non-compliance with requirements must be clearly described in your response. ROI REQUIREMENTS Proposal is compatible with Council and the community s vision and objectives for the city centre The type of community and/or business activities proposed and details of how these relate to the Council and the community s vision and objectives for the space A sample programme of events and activities The opening hours proposed, and a minimum standard of activities and programming SPECIAL CONSIDERATIONS How the proposal delivers on the vision and objectives Community outcomes are maximised The space is available and activated during both the day time and evening periods 6. GENERAL Provide an executive summary of your ROI outlining the key advantages of your ROI to Tauranga City Council and business and community, and how you will meet Tauranga City Council s requirements. Provide a company profile that includes: Company Trading Name Company Legal Name Address details INFORMATION REQUIRED Company contact (this is the person that Tauranga City Council will contact for any queries relating to this ROI) Company negotiation contact (person with sufficient authority to negotiate on your company s behalf without reference to other parties either overseas or in New Zealand) Detail of any existing or past relationships with Tauranga City Council H&S Proven Track Record Illustrated proven track record including examples of previous work Detail of Health & Safety Risk Assessment and Hazard Identification Financial Viability PASS / FAIL

12 REGISTRATION OF INTEREST 7. FINANCIAL VIABILITY Tauranga City Council may use an independent credit rating or other organisations to conduct financial assessments and reports. For this assessment to be completed, a representative from such an organisation may contact you concerning the financial information that you provide in response to this ROI. INFORMATION REQUIRED Is the respondent solvent, and able to meet its debts as and when they fall due in the normal course of business? Yes (provide information) Are there any significant events, matters or circumstances which have arisen since the end of the last financial year which may affect the operations of the respondent? Yes (provide information) Are there any mergers or acquisitions that can be notified, either recent (within the past 12 months) or which are imminent? Yes (provide information) Are there any court proceedings of any kind, actual or threatened, against the respondent, its parent or associated entities or any director of the respondent, its parent or associated entities within the past 5 years? Yes (provide information) No Are there any actions of insolvency proceedings, actual or threatened (including voluntary administration) against the respondent, its parent or associated entities? Yes (provide information) No No Are there any factors which could (in your opinion) impact on the financial ability to successfully perform the contract? Yes (provide information) No No No 8. ASSUMPTIONS Detail any assumptions that you have made in responding to this ROI.

13 REGISTRATION OF INTEREST FORM OF REGISTRATION OF INTEREST PROJECT NAME: Strategic Activation and Place Making in Tauranga s Heart of the City THE PARTY(IES) SUBMITTING THIS ROI RESPONSE ARE: ADDRESS FOR SERVICE: WE ACKNOWLEDGE RECEIPT OF NOTICES TO TENDERERS NUMBERED: to On behalf of the party(ies) submitting this ROI response, I/we confirm that I/we have fully understood the requirements set out in the ROI documents, and that none of the information submitted by me/us breaches any third-party copyright. In lodging this response the respondent also warrants: that they did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of Tauranga City Council, its officers, employees, agents, contractors or advisers other than any statement warranty or representation expressly contained in the ROI document and any Notice To Tenderers documents issued relating to this ROI document. that it did not use the assistance of Tauranga City Council employees, or information unlawfully obtained from Tauranga City Council in compiling its response. Rental Proposed: Insert dollar amount plus GST. Site Area required for Licence to Occupy: insert area m2 Please provide a site plan and full description of how you intend to set up on the site to submit with your proposal. Dated: Signed by: for and on behalf of the submitting party(ies)

14 REGISTRATION OF INTEREST DECLARATION Strategic Activation and Place Making in Tauranga s Heart of the City Tauranga City Council All respondents submitting a response to the Registration of Interest ( ROI ) for Licence to Occupy Tauranga Waterfront Land are required to complete and sign this declaration confirming that the information given to Tauranga City Council in response to the ROI, and any other documents provided as part of their response to this ROI, is true and correct in all aspects. From: I/We declare that the information provided to Tauranga City Council in response to the ROI for a Licence to Occupy Tauranga Waterfront Land is true and correct in all aspects. Declared at this day of 20 Signature (of duly authorised officer): Full Name and Designation:

15 REGISTRATION OF INTEREST CONFLICT OF INTEREST DECLARATION Strategic Activation and Place Making in Tauranga s Heart of the City The respondent hereby confirms that it, and its staff, agents, consultants and partners do not have and are not aware of any actual or potential conflicts of interest which may arise between Tauranga City Council and the respondent, unless indicated below. Are you aware of any actual or potential conflicts of interest? No There are no conflicts of interest. Please provide details of your strategy for identifying, managing and preventing conflicts of interest during the contract period. If Yes please advise your strategy for managing the conflicts of interest noted above, and identifying and preventing conflicts of interest during the contract period. RESPONDENTS NAME: AUTHORISED SIGNATURE: Yes Please provide details of any engagements, obligations or commitments that the respondent or any of its staff, consultants and partners have or are likely to acquire which may give rise to any actual or potential conflict of interest with any of the services that may be required as a result of this process or in connection with the proposed contract. DATE: