REQUEST FOR QUALIFICATIONS LEASE AND OPERATION OF THE SUNSET CULTURAL CENTER

Administrative Services Department City of Carmel-by-the-Sea Carmel, California

PUBLIC NOTICE SUNSET CULTURAL CENTER LEASE AND OPERATION

The City of Carmel-by-the-Sea requests qualifications for the lease, management, operation, promotion, and maintenance of the City's Sunset Cultural Center. For details and copies of the Request for Qualification (RFQ) information, contact:

Susan Paul Administrative Services Department City of Carmel-by-the-Sea P.O. Box CC Carmel, California 93921 spaul@ci.carmel.ca.us

Please send by regular or electronic mail a letter of intent to respond to the RFQ by June 5, 2013, to Susan Paul, at the above address. Requests for Qualifications will be received until 5:00p.m. PST, June 15, 2013, at the following address:

City of Carmel-by-the-Sea P.O. Box CC Carmel, California 93921

TABLE OF CONTENTS

A. General Information
8 . Scope of Work C. Information Required From Respondent D. Evaluation Criteria

E. Selection Process
F. Potential Contract Award G. Administrative Information

A.

GENERAL INFORMATION

1. Purpose
The City of Carmel-by-the-Sea is seeking Request for Qualifications (RFQ) from prospective qualified management firms or individuals (Contractors/ Respondents) to privately manage, market, staff, maintain and make improvements to our Sunset Cultural Center.

2. Issuing Office
Susan Paul, Administrative Services Department, City of Carmel-by-the-Sea, P.O. Box CC, Carmel, California, or designated representative , will coordinate the issuance and evaluation of the RFQ. All contacts regarding this RFQ should be directed to: Susan Paul, (831) 620-2016, spaul@ci.carmel.ca.us.

3. Description of Facilities
The Sunset Cultural Center is a city-owned performing arts facility located in the City of Carmel-by-the-Sea downtown area. The 718 seat facility was established as a school in 1926 and renovated by the City of Carmel-by-the-Sea in 2003. The facility has 5 meeting rooms, accommodating up to 200 people, depending on the event. The Sunset Cultural Center (SCC) was added to the National Register of Historic Places in 1998. It is located on the Monterey Peninsula, in the coastal city of Carmel-by-the-Sea, 150 miles southwest of downtown San Francisco. The building footprint falls upon portions of the two blocks between 8th and 1oth streets facing San Carlos Street on the west. The rear of the building faces Mission Street. The building was formerly an elementary school. Four arts companies- the Monterey County Symphony, Carmel Bach Festival, Carmel Music Society and Chamber Music Monterey Bay are historic presenting partners with the sec. and as such have booking priority over other events. The City now seeks information and qualification from Contractors/Respondents to privately manage, market, staff, maintain and make improvements to the Sunset Cultural Center.

4. Rejection
The City reserves the right to accept or reject any or all proposals or to waive any informality, if any existing in any proposal, or to accept the proposal or components of proposals which best serves the interest and intent of this project, which may or may not be the lowest cost to the City.

5. Costs
The City is not liable for any costs incurred by any party responding to this RFQ.

6. Inquiries
Questions by regular mail, telephone or e-mail should be directed to the Susan Paul. (831) 620-2016, e-mail address spaul@ci.carmel.ca.us. An attempt will be made to answer those questions which are pertinent to an understanding of the RFQ.

7.Addenda
Any changes in the RFQ will be brought to the attention of all persons who have provided the proper notice of interest in performing this facility management, operations, and maintenance contract.

8. Schedule
The following schedule will be strictly adhered to in all actions relative to this procurement. A. May 9, 2013 - Request for Qualifications published and issued.

B. May 10, 2013 through May 20, 2013- Proposer's questions answered by mail,
telephone or email. C. June 5, 2013- Respondent submits a Letter of Intent to respond to this RFQ to Susan Paul , Administrative Services, City of Carmel-by-the-Sea, P.O. Box CC, Carmel, California 93921. The letter should identify at least one contact person and provide his or her address, email, phone number, and fax number. All persons or entities submitting a Letter of Intent will be included on a distribution list for any communications, comments or revisions during the RFQ process. Failure to provide a Letter of Intent will not disqualify a respondent from submitting a proposal, however, respondents should be aware that by failing to submit a Letter of Intent, a respondent will not be on the distribution list for any communications, comments, or revisions.

D. June 15, 2013- All proposals due by 5:00p.m., PST, at City Hall offices, E/S
Monte Verde, Carmel-by-the-Sea. No substantive amendments or additions to the RFQ will be accepted after 5:00p.m., PST, June 15, 2013.

E. June 16, 2013- June 22, 2013- Proposal evaluation and notification of selected Contractors/Respondents to make proposal presentations.
F. June 27, 2013 to June 30, 2013- Negotiation of professional services contract. G. July 1, 2013- Notice of Award of the project by the Mayor subject to City Council approval of a negotiated contract.

9. Proposal Content and Signature
A cover letter will be submitted with response to the RFQ that: • • • • Identifies the partners, consultants, or contractors. Provides the names of individuals who prepared the RFQ response and their relationships to your company. Confirms that the Management Company or individual will have sole and complete responsibility for performing the services as defined in the RFQ. Provides a statement signed by the representative who has authority to legally bind the management company, verifying the identification of the company as a corporation or other legal entity.

Four (4) copies of the RFQ (One original and three copies) will be required with all copies having been signed by a company official with the power to bind the company in its proposal. All proposals must be completely responsive to the RFQ for consideration, although minor irregularities may be waived at the discretion of the City.

10. Recommended Proposal Preparation Guides
All Respondents will provide a clear and concise description of their ability to meet the requirements of the RFQ. The proposals must show clearly the technical and management approach to include work tasks, estimated time phasings, and the proposal approach rationale.

11 . Time Period for Proposals
Terms and conditions of proposals should be valid for a minimum of ninety (90) days from submittal deadline.

12. Responsibilities of the Selected Respondent
The selected Respondent will be required to assume responsibility for all services offered in the proposal; and to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

B. SCOPE OF WORK/PRODUCT TO BE PROVIDED
• The contractor will insure the best possible management services and will maximize the facility's event booking, audiences and revenue potential including ensuring the facility is a versatile, year-round venue. The contractor will provide a compensation/payment package that will reduce SCC's annual overhead and operational costs for the facilities. The contractor will book events and promote services that will significantly expand both the numbers as well as the variety of plays, concerts, and other events held at the facilities, in keeping with the SCC's mission and values. The contractor will develop and provide a marketing and promotional plan that will address significantly increasing event, activity, revenue , and attendance. The contractor will book and service conference, college, and civic events with the same proactive professionalism as it brings to its efforts on plays, concerts, shows, and other entertainment events. The contractor will put a management, booking, marketing and promotional team in place at the completion of this RFQ process that is best qualified to maximize, in a positive way, all aspects of the sec operations. The contractor will develop and consistently utilize a responsive, transparent, and effective process for sec staff, and administration. The Contractor will provide techn ical stage services normally associated with operations of a theatre. Such services shall be understood to include knowledge and resources to facilitate the use of the stage area; sound system, lighting system, stage rigging , dressing area, stage equipment, load in and load out and other associated services. The Contractor will provide audience services as indicated by the nature of the event. Such services shall be understood to include knowledge and resources necessary to accomplish ticket taking, program distribution , crowd control, orderly seating, proper emergency procedures, concession operations, resolution of disputes, security and patron services including services for disabled patrons. The Contractor will provide box office services as required by the renter. Such services shall be understood to include knowledge and resources necessary to accomplish efficient ordering, selling and accounting of tickets, and ticket revenues for a given event for each renter of the SCC. Proper cash and credit card processing , complete auditing and accounting for each event, and timely

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exchange of income less expenses are understood to be included in these services. Reporting and payment of taxes on ticket sales, concession sales, souvenir sales, and other taxes quarterly. • The Contractor will provide consultant services as appropriate. Such services shall be understood to include knowledge and resources necessary to understand the needs and expectations of a potential user of the SCC and translate those needs and expectations into measurable and quantifiable estimates of costs, service and personnel required. The Contractor will provide contracting services as requested . Such services shall be understood to include knowledge and resources necessary to create, negotiate, and conclude written agreements for the use of the sec. Promotional services sufficient to make the sec available to as many users as practicable. Such services shall be understood to include knowledge and resources sufficient to advertise the SCC , communicate its capabilities, staff and organizational services, and achieve the highest and broadest community use and involvement. Establish and carry out policies and procedures to govern the operation of the SCC. Such policies and procedures should include scheduling procedures, user rates, contract negotiations and contract agreements. Such policies shall be consistently applied to all users of the facility, whether profit or non-profit. Recruit and direct a staff sufficient to operate and maintain the sec within the context of the services normally associated with such a facility. Key personnel have successfully managed the backstage and front house and have experience with and knowledge of the facility. Develop and maintain a capital improvement plan to be implemented as funds are made available by the City or other sources. This prioritized list will be supplied to the City and updated on an annual basis. Develop and implement an aggressive marketing program that will promote maximum use of the SCC and will encourage more use and involvement with the SCC from the community at large, including events that can be accommodated in the SCC Theatre but are not necessarily theatrical in nature. Develop and maintain internal budgeting, accounting and reporting systems sufficient for sound financial management of the sec; demonstrate a commitment to maximizing revenue and limiting expenditures while meeting cultural goals. Deliver to the City a quarterly report not later than the 151h day of January, April, July and October, which will include: a. An accounting of daily use of the SCC by event, sponsor, audience size, and income derived, broken down into income from ticket sales, concessions, souvenirs, etc.

b. A financial report which itemizes income from rent, services, concession, donations, interest and other sources. Expenses shall be itemized by staff costs, maintenance, operations, services, advertising and promotions. c. An annual audit of the facility on an annual basis. Maintain the SCC plant, equipment and furnishings in good operating condition including normal and routine upkeep, preventive maintenance for all systems and janitorial services. The City of Carmel-by-the-Sea owns the building, and will be responsible for major, structural repairs and upkeep of HVAC. If possible, the annual budget should include a line item for future capital repairs and improvements. Carry appropriate liability insurance for the minimum limit of $1 ,000,000 per occurance and $2,000,000 in aggregate. The City reserves the right to increase the minimum limits of coverage during the term of the agreement. The Responder shall provide a certificate of insurance in force and providing City shall be notified at least thirty (30) days before any cancellation or term ination of said policy. The City shall be named as an additional insured on the policy. The Responder agrees to indemnify and save harmless the City against and from any and all claims by or on behalf of any person or perons, firm or firms , corporation or corporations, arising from the conduct of or management about the demised premises, or from any accident in or on the demised premises, and will further indemnify and save the City harmless against and from any and all claims arising from any branch or default on the part of the Responder in the performance pursuant to the terms of this agreement or arising from any act or negligence of the Responder, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action brought thereon ; and in case any action or proceeding be brought against the City, covenants to resist or defend at Responder's expense such action or proceeding by counsel reasonably satisfactory to the City.

To allow for periodic inspections of the SCC physical plant to ensure that the successful Responder is continuing to maintain the sec in a high state of repair; and to direct the successful Responder to correct any deficiencies as determined necessary by the City.

C. INFORMATION TO BE PROVIDED BY CONTRACTORS/RESPONDENTS

Your response must contain one original and three (3) copies of:

1) Proposal/Specifications: A complete description of the services to be provided and methods to be used including a narrative summary, a staffing plan, box office and ticket sales plan, facility utilization and marketing plan, and transition plan; 2) Organizational History and Ability: A clear demonstration of your organization's history and experience providing services comparable in size and scope to that described in Section B of this solicitation; 3) Personnel/Staff Experience: Evidence of the expertise and experience of the personnel to be assigned to this project (resume, C.V., or similar applicable documents), to include evidence of certification or authorization to perform the services specified, if such certification is required by law, regulation , or requested in this solicitation; 4) Artistic Vision: Respondents must describe the numbers and types of performances it will bring to the Sunset Cultural Center, including its plan to grow the use of the facility consistent with the city's goals of the sec being a community centerpiece for culture and events 5) Proposed Price: Detailed information of potential revenues, costs, and fees, along with a summary of the nature and structure of the proposed management and fee schedule; 6) Required Forms: Completed copies (signed when requested) of all forms appended to this solicitation. 7) Content Organization: To facilitate evaluation, responses should address each element above. The material should be organized in the order of the outline above and clearly address the issues set forth in the evaluation criteria specified in Section D of the Solicitation. 8) Amendments and Withdrawals: A respondent may amend a Response at any time prior to the date and time specified for receipt of responses, and withdraw from the selection process without recourse at any time.

D. EVALUATION CRITERIA
Responses will be evaluated bases on the criteria listed in this section. In preparing the response, it is important for Respondents to clearly demonstrate their expertise in the areas described in this document. Because multiple areas of expertise may be required for successfully providing the requested product, the Respondent, (either through in-house staff or sub-contractors), must demonstrate expertise and have available adequate quantities of experienced personnel in all of the areas described. Respondents are encouraged to identify and clearly label in their response how each criterion is being fully addressed . Evaluation of responses to this solicitation will be based only on the information provided in the response, and if applicable, interviews,

and reference responses. The City reserves the right to request additional information or documentation from the Respondent regarding its response documents, personnel , financial viability, or other items in order to complete the selection process. If a Respondent chooses to provide additional materials in their response beyond those requested , those materials should be included in a separate section of the response . In submitting a response, the Respondent agrees that any costs or prices proposed shall be valid for a minimum or 90 days from the response due date.

Responses will be evaluated based on the criteria specified below: 1. Project Approach • Demonstrated understanding of the Scope of Work and the tasks to be performed. • Detailed plan or strategy to operate the space as a venue for performance rentals, arts-related, civic, and other activities. • Response to narrative summary, staffing, marketing and box office, and transition plans. • Respondent's organizational capacity to successfully manage and operate a theater and expand usage of the sec as potentially a conference facility. • Respondent's ability to openly and effectively communicate in a style that shows strong desire to respond to the City's needs and requests. 2. Financial Feasibility and Cost Effectiveness • How realistic the proposal is based on its economic assumptions. • The experience and financial capacity of the respondent to perform duties and obligations of managing and operating a theater. • Reasonableness of the management fee proposed and clarification. 3. Assigned Key Staff • Recent experience of key staff to and a description of the tasks to be performed by each staff person. • Professional qualifications and education. 4. Experience of Entity • Expertise of the entity and any contractors in the fields necessary to complete the tasks. • Demonstrate track record of recent similar experience, including adherence to schedules, deadlines, and budgets. • Interest and artistic vision for the use of the facility.

E. SELECTION PROCESS 1. Determination of Responsiveness: Responses received by the time and date specified for receipt will be reviewed initially to determine responsiveness. To be considered responsive, a response must reflect all required components, and be sufficient in clarity and detail to be effectively evaluated. The City reserves the right to consider the actual level of Respondent's compliance with the requirements specified in this solicitation and to waive informalities in a Response. Evaluation panels will only evaluate Responses meeting this requirement. Any Respondents whose response is determined to non-responsive will be notified of the determination in the most expeditious and timely manner available. 2. Evaluation of Responses: An evaluation of all responses will be performed for all responses for this Solicitation that have been determined to be responsive. The evaluation shall be based on the criteria specified in Section D above. Based on its initial evaluation, the panel may: a. Make a recommendation to the City Administrator and request authority to negotiate a Contract with one or more proposers; or b. Seek additional information from Respondents and/or invite Respondents to attend an interview or make a presentation, and make a recommendation to the City upon consideration of the additional information . 3. Determination of Responsibility: The City reserves the right to conduct reference checks, either during or immediately after the review of responses, or any subsequent point in the process selection process.

In the event that information received from the reference checks suggests a need for concern regarding the Respondent's past performance, or their apparent ability to successfully perform the contract to be executed based on this RFP, the City may, at its sole discretion , determine that the Respondent is not responsible and may select the next highest-ranked Respondent whose reference checks validate the ability of the proposer to successfully perform the contract to be executed based on this Solicitation.

In determining Respondent's responsibility, the following elements shall be given consideration:

1. The ability, capacity, and skill of the Respondent to perform the contract or provide the service required; 2. The character, integrity, reputation , judgment, experience, and efficiency of the Respondent; 3. Whether the Respondent can perform the contract within the time specified ; 4. The quality of performance of previous contracts or services; 5. The previous and existing compliance by the Respondent with laws relating to the contract or services; 6. Responses provided by the Respondent's references ; 7. The Respondent's demonstrated record of fiscal and financial integrity; 8. The Respondent's previous performance providing goods and/or services to the City; and 9. Such, other information as may be secured having a bearing on the decision regarding the qualifications of the Respondent.

F. POTENTIAL CONTRACT AWARD, NOTIFICATION AND NEGOTIATIONS 1. Potential Contract Award: Upon review and approval, the City will notify the selected contractor(s) of the award, and commence negotiations to execute a contract. The City will also notify any other Respondents of the award . 2. Negotiations: The City shall, if necessary, negotiate with the most qualified Respondent, as determined by evaluation of the responses and, if applicable, interviews or presentations. If the City is unable to reach agreement with the highest ranked firm, it may negotiate with the second highest ranked firm , proceeding in turn to each firm , in order of rank, until a contract is executed.

G. ADMINISTRATIVE INFORMATION 1. Minority-owned and Women-owned Business Enterprises: The City strongly encourages minority-owned and women-owned businesses, socially and economically disadvantaged business enterprises, and small businesses to subm it responses, to participate as partners and/or to participate in other business activity in response to this RFQ. 2. Basic Eligibility: The successful Respondent must be licensed to do business in the State of California. In addition, the successful Respondent and any subcontractors must not be debarred, suspended, or otherwise ineligible to contract with the City, and must not be included on the United States Government's "List of Parties

Excluded From Federal Procurement and Nonprocurement Programs" or the State of California listing of debarred or suspended contractors. 3. Other Contracts: During the original term and all subsequent renewal terms of the contract resulting from this Solicitation, the City expressly reserves the right, through any other sources available, to pursue and implement alternative means of soliciting and awarding similar or related services as described in this Solicitation. 4. Defined Terms: Terms utilized in this solicitation are defined as follows: All defined terms included in the General Conditions are deemed to apply as defined terms in this solicitation. The terms below are also defined terms for purposes of the Solicitation. Addendum: A change to the specification, terms, condition, or schedule of a solicitation transmitted to potential Respondents in writing by Administrative Services. Individual, Corporation, Partnership, or other party who submits a Respondent: response to this solicitation . The common terms Bidder, Proposer, and Offer or, Contractor, or Consultant are considered to be equivalent terms for purposes of common understanding. Response: The complete body of material provided by the Respondent pertaining to the solicitation, including any written documents, samples, literature, or verbal communications during oral interviews or presentations. May be referred to as a "Proposal" as in Request for Proposals/Qualifications.