Long Beach Amphitheater Operator RFP_FINAL~1.pdf

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 1

City of

Long Beach Request for Proposals Number ED-24-477

Queen Mary Amphitheater Operator

Queen Mary Amphitheater Operator | RFP ED-24-477 |

Template v6.9.21 | 1

Overview

Summary

The City of Long Beach (“City”) is soliciting proposals from qualified firms to operate and manage a proposed temporary amphitheater complex (“Project”) located near the Queen Mary. Qualified firms would be responsible for assisting in the planning and development of the facility as well as booking events and managing the operations .

Key Dates

Release Date: August 05, 2024

Optional Pre-Proposal Meeting: 09:00 AM (PST), August

19, 2024

Questions Due to the City: 11:00 AM (PST), August 27, Proposals Due: 11:00 AM (PST), September 24, 2024

The City reserves the right to modify these dates at any time, with appropriate notice to prospective Contractors.

Proposal Information

Instructions for what to include in your proposal and how to submit it are detailed in Section 4.

Proposals must be submitted electronically via

LongBeachBuys.com.

RFP Official Contact

Elisa Landeros rfppurchasing@longbeach.gov

All communication with the City related to this RFP must be directed to the contact listed above.

mailto:rfppurchasing@longbeach.gov

Queen Mary Amphitheater Operator | RFP ED-24-477 |

Template v6.9.21 | 2

Contents

1 The Opportunity

1.1 Project Summary

1.2 Background

1.3 Goals

1.4 Award Terms

2 Scope of Work

2.1 Description of Services

2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

2.2.2 Contract Management

2.2.3 Contract Payment

3 How We Choose

3.1 Minimum Qualifications

3.2 Evaluation Criteria

3.3 Local Preference

4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

4.2 Proposal Content

4.3 Narrative Proposal Template

5 Terms & Conditions

5.1 Acronyms/Definitions

5.2 Solicitation Terms & Conditions

5.3 Contract Terms & Conditions

5.4 Additional Requirements

5.5 Protest Procedures

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1 The Opportunity

1.1 Project Summary

The City of Long Beach is issuing this Request for Proposals (RFP) to identify a qualified firm to provide management and related services for a proposed temporary amphitheater to be built by the City adjacent to the Queen Mary hotel destination. The proposed amphitheater will have a capacity of approximately 10,000 seats and will host a variety of events, including concerts, festivals, community events and other events. The proposed venue will be temporary in nature, with an initial operating term of five years with the potential to extend, as the City considers the development of a permanent venue in the future.

The City of Long Beach intends to construct the amphitheater on City-owned land and retain an operating/management entity to oversee the booking and management of the facility. While this is the City's preferred structure, alternative proposals that may offer greater benefits to the City are also welcome. However, all proposals must meet the requirements outlined in this Request for Proposals to be considered.

1.2 Background

Project Background: The City owns and operates the Queen Mary and surrounding property, with a portion leased to Carnival Cruise Lines to support their operations. While the unleased property primarily provides parking in support of operations at the Queen

Mary and other entities, the area is also used to host a number of large-scale music and entertainment festivals and other events throughout the year. As the City looks to continue to grow its presence as an entertainment destination, the potential to develop a temporary amphitheater on a portion of the parking lots has been prioritized. The potential extent of the Project site is shown in the image below.

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The potential site boundary covers approximately 6 acres across Queens Highway from the Queen Mary Waterfront and Harry Bridges Memorial Park. The Queen Mary

Waterfront is periodically programmed with live events and music festivals, some of which have utilized parts of the Project site. The area is also shared by the Carnival Cruise

Terminal, making the area highly active during various times of day throughout each week.

As the first step in this process, the City of Long Beach hired a consultant to conduct a market study regarding the potential development of a temporary outdoor amphitheater on the Project site. The consultant gathered demand and performance data for

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 5 competitive and comparable venues across the Los Angeles Metropolitan Statistical Area

(MSA) and Southern California and obtained feedback from multiple local, regional, and national event promoters and facility operators to gauge the market’s perspective on the opportunity. The consultant assessed multiple ownership and management scenarios ranging from fully public to fully private, allowing the City to determine its preferred scenario after a detailed risk/benefit analysis.

The consultant’s primary conclusions were:

- A properly marketed and managed outdoor amphitheater in Long Beach has the potential to capture dozens of live events each season and expand City of Long

Beach’s presence in the Los Angeles live entertainment market.

- An amphitheater with 8,000 – 12,000 seats, premium seating options, and other amenities best fits the current market opportunity.

Upon internal review, the City determined to move forward with issuing a RFP for the management of an outdoor amphitheater. Further, the City determined an amphitheater owned by the City and operated by a third-party firm is the preferred structure.

Problem Statement: The City is seeking proposals from qualified firm to oversee the booking of events and management of the proposed amphitheater venue. All proposals must consider and maintain the existing event calendar utilizing the Queen Mary parking lots, while focusing on growing the event calendar to provide a variety of entertainment options throughout the year.

1.3 Goals

The City desires to operate a high-quality, state-of-the-art amphitheater venue that is competitive in the industry and will attract a variety of events including, but not limited to, live entertainment, performing and cultural events. It is the City’s intention that the

Amphitheater be operated in a professional and fiscally responsible manner consistent with industry best practices and with all applicable laws and ordinances.

Operating objectives include contracting with a Facility Manager who can maximize event activity while ensuring the efficient operation of the Amphitheater by providing day-to-day administrative services such as maintenance, personnel management, record-keeping, collections and billing, and similar services. Concert activity should be planned so that activities compliment the activities of the Queen Mary and the surrounding uses. Operator shall provide innovative marketing efforts and may provide additional services such as concessions and alcohol sales, under a separate contract. The selected firm should be prepared to provide a strong and detailed operating plan, representing the variety of

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 6 services required to produce, conduct and execute quality events, while also maintaining and supporting the existing calendar of festivals and other events in the area. The resulting plan should support all goals and necessities of the City’s events, with particular emphasis on the following areas:

• Acquiring talent, booking events and managing contracts

• Event production, including sound and lighting

• Marketing and advertising the facility

• Staffing and logistics management

• Premium seating sales and support

• Food and beverage services management with a revenue share between the City & management group

1.4 Award Terms

This contract will be for a period of five years with the option to renew for up to five additional one-year periods at the discretion of the City. The total contract term will not exceed 10 years.

2 Scope of Work

2.1 Description of Services

The City desires to enter into a contract with a qualified and experienced firm to produce and promote special events, concerts and festivals and be responsible for the year-round operations of the Amphitheater venue. The selected firm will be expected to perform with the highest industry standards and in the best interest of the City. Specifically, the City must ensure that the existing operations of the Queen Mary, Carnival Cruise Lines and the existing festivals that take place on the site are not negatively impacted, and are enhanced with this new venue and partnership.

The selected firm will act as the City’s representative in respect to the management and operations of the Amphitheater, excluding the City’s current festivals and other events, although the proposed Amphitheater may be used to enhance those existing events. The

City requires that community days be programmed at the amphitheater to include local musical acts, symphonies, movie nights, and other community-based events in a method that works for both the management team and City.

In addition to using the Amphitheater to enhance city festivals and other events, the selected operator must collaborate with city staff to lead the programming and production of events at other indoor or outdoor venues owned and managed by the City of Long Beach.

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This collaboration is essential to ensure that the Amphitheater complements these facilities by coordinating bookings and by programming top-tier entertainment to the best of its ability.

The City shall provide the required city staffing, coordination with off-site parking and transportation and other general operational services. The above services will be at cost to the operator. It is expected that the selected firm will provide a dedicated management team to collectively operate the Amphitheater in the most efficient manner possible. More specifically, the selected firm will have the following basic responsibilities:

• Booking/scheduling of concerts and similar events

• Sales and marketing

• Sound and noise management for concerts

• Advertising/sponsorship/premium seating sales

• Food and beverage service, including alcoholic beverage sales

• Event coordination/supervision

• Event services

• Box office operations

• Financial and administrative services such as accounting, budgeting, purchasing, personnel, and contracting of outside services

• Any additional necessary services not provided by the City

• Utilize all existing contracts between the City of Long Beach and private entities for services provided across the Queen Mary lease hold.

As such, specific services and responsibilities are to include, but are not limited to:

A. Management

a. Manage and operate the Amphitheater in accordance with policies approved by the City

b. Manage the operations of the Amphitheater at all times in the public interest and in accordance with the highest professional and ethical standards

c. Manage the operations of the box office

d. Recommend to the City or its authorized representatives all ticket prices, fees and charges for services at the Amphitheater

e. Establish an effective system of communication that encourages linkages and collaborative efforts between the Amphitheater, Queen Mary, existing festival operators and other related industry segments and entities

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f. With the exception of contracts with an affiliated firm, negotiate and administer all contracts, including, but not limited to, services, events, concessions, catering, novelties/merchandise, advertising, sponsorship, premium seat licenses and equipment

g. Provide regular reports to the City’s designee

h. Abide by all applicable local, state and federal laws pertaining to its operation and secure all licenses and permits necessary for the operation of the events at the Amphitheater

B. Staffing for executive management with hiring requires approval by the City of Long

Beach to ensure that they meet the facility's needs Food and Beverage Services

a. The City shall have final approval on pricing and portions

b. All food, drinks, beverages, confectionery, refreshments and the like sold or kept for sale shall be of first quality, wholesome and pure and shall conform in all respects to federal, state and municipal food and other laws, ordinances and regulations. No imitation adulterated or misbranded article shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time.

c. The City has established the following goals for the food, beverage and merchandise operations:

i. General

1. Implement industry-standard controls for accurately capturing and recording all sales

2. Accept credit, debit and electronic contactless payment at all points of sale, including portable food and merchandise carts and kiosks

3. Maximize food and beverage revenues at all events, matching the menu to the event demographics, staffing efficiently and adding points of sale in locations needed

ii. Alcoholic Beverages

1. Alcoholic beverages are to be offered for sale by the facility manager to the extent permitted by applicable state and local laws, and subject to regulations established by the City. The final decision as to whether or not alcoholic beverages may be sold at an event, or in any designated area of the Amphitheater, shall be

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 9 the sole responsibility of the facility manager. The decision to serve or refuse service of alcoholic beverages to any individual shall be the sole responsibility of the facility manager.

2. All licenses and permits required for the sale of alcoholic beverages at the Amphitheater shall be held in the name of the

City of Long Beach. The facility manager shall keep the permits in full force and effect, and neither party shall take any action that would impair the facility manager’s ability to hold these permits.

The facility manager shall prepare, file and process all applications for renewals of the permits.

C. Sales and Marketing

a. Develop a positive relationship with Amphitheater attendees

b. Schedule events, negotiate contracts and confirm event bookings

c. Develop a detailed marketing plan

d. Manage ticket sales

e. Modify promotional materials, floor plans, maps and other facility-related marketing materials as appropriate

D. Obligations of the City

The City will establish an executive framework to administer all remaining functions, which include, but are not limited to, the following:

a. To negotiate, execute and oversee the contract between the City and the selected firm

b. Provide all land and facilities in good working condition

c. Determine insurance requirements for all contracts and license agreements through the City’s Risk Manager

d. Direct oversight of executive management and hiring of executive management staff, in addition to monitoring the facility manager’s performance regularly through monthly reports, periodic performance audits, and regular meetings with staff.

e. Approve pricing, policies and other arrangements necessary for the operation of the Amphitheater

f. Procure all necessary on-site equipment and replacement items of major capital equipment.

g. Approve all subcontracts between the management team and private entities.

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2.2 Performance Metrics & Contract Management

2.2.1 Performance Metrics

The table below highlights the targets that will be tracked and reviewed collaboratively with the awarded contractor during the contract. This list is an indication of the performance metrics of interest to the City, and is not exhaustive or final. As a part of a response to this

RFP, Proposers may propose additional or alternative performance metrics to be tracked on a regular basis. The final set of performance metrics and frequency of collection will be negotiated by the successful Proposer and the City prior to the finalization of an agreement between parties, and may be adjusted over time as needed.

METRIC DESCRIPTION TARGET DATA SOURCE

1. Number of

Events, Attendees and

Tickets Sold Per

Event and Total

Number of

Attendees and

Tickets Sold in a

Fiscal Year

To ensure that the venue is competitive when compared to similar venues, the management team is expected to collect the total number of ticketed events, total attendees per event and provide a total for the fiscal year

Achieve event and attendance totals comparable to similar regional and national amphitheater venues

Implement internal software that can be extrapolated into a data analytics dashboard in Power

BI or Tableau allowing for the easy digestion of information.

2. Caliber of Talent

Booked

To obtain the best acts available for equivalent size venues, we will assess what performers have been booked for the year and what is required from the

City and

Management Team to remain a premier entertainment destination.

Attract acts that also perform at selected comparable venues.

Refer to Pollstar for comparable venue event summaries to assess quality of acts attracted to

Long Beach

Amphitheater.

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3. Net Promoter

Score

A market research metric that measures customer loyalty, satisfaction, and enthusiasm with a company, product, or service

Attendees satisfaction with the event

A survey is sent to attendees asking for them to score their satisfaction with the event on a sale from

1 -10

4. Net Income Determine if the project gross profit for the fiscal year is aligned with actual’s

This is to ensure that operations are accurately being projected for the fiscal year, that the management team is obtaining their share of the market in terms of sales, and that the amphitheater remains healthy financially

Internal Finical’s

2.2.2 Contract Management

Communication and Management: Implementation of the contract will be an active partnership between the City and the management team, with the management group working directly with City staff to ensure that amphitheater operations do not negatively impact the various tenants at the site. In addition to assisting with the relationship between the amphitheater and entities that occupy the larger lease area, City staff will work directly with the management team to optimize daily operations and event days, with City staff providing oversight for large-scale events that encompass the theater. In conjunction with oversight, City staff will regularly work with the management group and interested promoters to ensure that the venue meets the needs of various acts.

Performance Reports: At the discretion of the City, monthly meetings between the City and management team will be scheduled, with the operator’s management team being expected to provide a detail on the current state of the venue, upcoming scheduled events, and financial performance. The operator’s management team will provide revenue projections and actuals to date, number of attendees to date, calendar of events for the

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 12 year, maintenance program and capital needs for the facility, and any additional items that require immediate decision by the City. The reports that are presented during the monthly meetings are also to be sent to the City via email for additional review and consideration, with the supporting financials and data being provided.

2.2.3 Contract Payment

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Contractor should invoice the City. The City will remit payment within 30 calendar days of being billed.

3 How We Choose

3.1 Minimum Qualifications

• Qualification to conduct business in the City

• Not having been debarred by Federal, State or local government

• Mandatory experience (a minimum of three governmental or private references for facilities managed by the firm)

3.2 Evaluation Criteria

Proposals shall be consistently evaluated based upon the following criteria:

CRITERIA Weight

1. Organizational Capacity & Experience

• Qualifications/past experience of firm operating similar venues

(identify at least three similar facilities currently operated by firm)

• Qualifications/experience of key proposed facility management staff

• Overall financial capacity of firm to adequately operate the facility to the standard desired by the City

25%

2. Method of Approach

• Discuss/identify major opportunities and/or challenges associated with operating the proposed facility

• Clearly outline proposed management plan, including key staffing, guaranteed minimum number of ticketed events to be booked per year, operational philosophy and other key facility management plans

• List any special skills or relationships or other criteria that differentiate your proposal from other potential management partners

30%

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• Outline plan to accommodate and enhance existing and potential future Community Events, including existing music festivals, Dark

Harbor, the Queen Mary’s operations and other community-focused events

3. Communications & Reporting

• Outline proposed communications plan related to scheduling of events, including Community Events, to avoid conflicts and maximize utilization

• Provide examples of monthly or quarterly reports provided to other facilities managed by your firm, including financial performance and key metrics, event specific financial performance, attendance tracking and other information provided to public-sector facility ownership

25%

4. Proposed Fee Structure

• Proposed fee structure to include salaries, management fee, incentive based pay and bonuses

10%

5. Interview

• To ensure that the firm has the necessary experience and expertise to activate a new amphitheater while running day-to-day operations in a complex site that requires the ability to address obstacles, while furthering the image of the City of Long Beach as an international destination, the City will conduct in-person interviews with selected firm(s).

10%

3.3 Local Preference

• The City shall apply five extra credit percentage points to all local businesses which submit proposals for services for the City of Long Beach.

• Local Business shall mean a business which maintains its principal place of business in a fixed office/place of business with the City of Long Beach, possesses a current

City of Long Beach business license and sellers permit if applicable.

• For a business to be eligible to claim preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license and seller’s permit if applicable.

• The local preference does not apply to solicitations for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California.

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4 Proposal Instructions & Content

4.1 Proposal Timelines & Instructions

MILESTONE

TIME

(PACIFIC)

& DATE LOCATION / ADDITIONAL INFORMATION

Release date August 5, Optional Pre-Proposal

Meeting

9:00 AM

(PST)

August 19,

• 1126 Queens Hwy, Long Beach, CA 90802

• Public parking is available on-site. Parking will be validated.

• Objective of the meeting:

• Conduct a site walk of the proposed amphitheater placement.

• Allow for unofficial operations and site development questions and answers.

Answers will be issued to all prospective firms via an addendum only to written questions received by the deadline for questions.

Questions due to the

City

11:00 AM

(PST)

August 27,

• Submit all inquiries via email to rfppurchasing@longbeach.gov

Posting of the Q&A September

10, 2024

• Responses to the questions will be posted on

LongBeachBuys.com.

Proposals due 11:00 AM

(PST)

September

24, 204

• Proposals should be submitted electronically via LongBeachBuys.com.

• Late proposals, or proposals submitted through other channels will not be accepted.

• Proposers are responsible for submitting their proposals completely and on time.

o Proposers will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the proposal was submitted successfully. The City will only receive mailto:rfppurchasing@longbeach.gov file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com file:///C:/Users/meid/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/X47PW9A6/LongBeachBuys.com

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 15 proposals that were transmitted successfully.

o For technical support, email or call the

City during normal business hours at

LBPurchasing@longbeach.gov or (562)

570-6200.

Evaluation of Narrative

& Cost Proposals

October

• An Evaluation Committee will review Narrative

& Cost Proposals to select the proposal that best meets the needs of the City.

• Evaluations will be conducted using a methodology derived from the evaluation criteria listed in Section 3.2.

Interviews November

1 - 15 2024

• To ensure that the City selects the most qualified proposal, a panel of five will interview the most qualified submittals electronically to ensure that the management team meets all criteria listed in the RFP.

• The City may interview or request demos from none, one, some or all Proposers.

Negotiation &

Contractor Selection

December

• Selected Contractor(s) will be notified in writing.

• Any award is contingent upon the successful negotiation of final contract terms. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

• Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached.

Estimated Contract

Execution

December

2024 -

January

Proposer Debrief After

Contractor is Selected

• Successful and unsuccessful Proposers are encouraged to request phone call or in person meeting with the City to discuss the strengths and weaknesses of their proposal. The intent mailto:LBPurchasing@longbeach.gov

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 16 of the debrief is to provide the Proposer with constructive feedback to equip them with information to effectively meet the City’s needs and be successful in future proposals.

4.2 Proposal Content

Complete proposals must include the following components. Proposals that are missing any of these components will be disqualified from further consideration. Proposers are encouraged to use this section as a checklist to ensure all components are included in their proposal.

PROPOSAL

Narrative Proposal Complete submittals must include the Narrative Proposal included below in Section 4.3. The Narrative Proposal represents an executive summary of your submittal, and should provide a straightforward, concise delineation of capabilities to satisfy the RFP.

☐ Cover Letter Provide name and address of the firm and project contact person with address, telephone number, and email address. Acknowledge receipt of any addenda if applicable. Summarize your understanding of the project.

Provide a statement indicating your ability to provide timely services and meet the requirements of the proposed schedule. Indicate your acceptance of the requirements of this RFP . Provide a brief summary of the key differentiators and benefits you believe the City would receive from selecting your firm.

The cover letter must be signed by a duly authorized official of the firm in ink. Consortiums, joint ventures, or teams submitting responses must identify the individual or firm with contractual responsibility.

☐ Background and

Project Summary

Provide a description of the firm’s overall philosophy and approach for the management and operation of the

Amphitheater. Provide information describing the proposed strategies, policies and procedures to be employed in managing the Amphitheater that clearly addresses the scope of services presented in this RFP.

☐ Management Structure Summarize the experience and qualifications of the firm’s corporate management team and include resumes

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 17 outlining the educational background, years of experience, length of employment with current firm, and experience of the individuals who will have supervisory responsibility over the Amphitheater.

☐ Firm Experience and

Qualifications

Provide a brief summary of your organization’s qualifications to serve the City as the Facility Manager of the Amphitheater in the capacity set forth in this RFP. List and discuss your organization’s involvement and experience in managing public facilities of a similar size, type and complexity as the City’s Amphitheater.

Discuss in general terms the firm’s involvement with cities or counties of same general size and type as the City, which have contracted with your organization to provide management of public assembly facilities, particularly those with amphitheaters or other concert venues.

Provide a minimum of three governmental or private references for facilities managed by the firm, including name, address, email and telephone numbers of key individuals who may be contacted. At least one reference should represent a market in a similarly sized community.

☐ Subcontractor

Information and

Qualifications

Identify those services the selected firm may elect to subcontract. While certain of these subcontractors may not be identified until after award of the Management

Agreement, wherever the firm intends to subcontract certain services, the specific service, roles and responsibilities should be identified by the firm. If not utilizing Subcontractors, please note Not Applicable within this section of your submittal.

☐ Operational Approach and Methodology

Discuss your proposed approach to the management of the Amphitheater. Provide the level of service proposed, based on, and supported by past and present experience at other locations.

☐ Cost/Fee Proposal The Cost/Fee Proposal should provide a clear summary of your proposed fee structure for this engagement. It should include proposed staff salaries, based management fee, incentive based pay and bonuses, with specific criteria/thresholds for earning incentives and bonuses.

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PROPOSAL APPENDICES

☐ Financial Stability Proposers must include one or more of the following financial statements to provide the City with enough information to determine financial stability of the

Proposer and subcontractor.

• Audited Financial Statement or Annual Report

• Business tax return

• Statement of income and related earnings

☐ Other Addenda

(if applicable)

Colored displays, promotional materials, and other collateral are not necessary or desired. However, if a complete response cannot be provided without referencing supporting documentation, it may be provided as an addendum clearly cited in the Narrative or

Cost Proposal.

MANDATORY ATTACHMENTS | The following must be included as Attachments in

Long Beach Buys. They must be signed by the individual legally authorized to bind the

Proposer.

☐ A. Authorization & Certification

☐ B. Equal Benefits Ordinance (EBO) Form

Attachments Which May be Submitted Upon Award | Upon award, Awarded

Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible, include available information as part of your proposal to expedite processing.

☐ C. W-9

☐ D. Business License

☐ E. Proof of Registration with Secretary of State

☐ F. Current Contractor’s State License Board print out

☐ Contact Information | Ensure your organization’s profile is up to date in Long Beach

Buys, including an email address, phone number, and for any classifications you may qualify for.

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4.3 Narrative Proposal Template

Proposers must include narrative proposal/executive summary, utilizing the template below, that concisely summarizes all of the information listed in section 4.2 Proposal

Content

Organizational Capacity & Experience

PROPOSER CONTACT INFORMATION

Organization

Company Name

Company Address

Website

Federal Tax ID Number

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

PROPOSER CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

☐ Limited Liability Company

☐ Other

Briefly summarize your operational and management philosophy and approach for the proposed amphitheater venue.

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Briefly describe your management structure, identifying key personnel who will be involved with this project.

Briefly summarize your experience operating similar entertainment venues, including total years of operation, number of venues managed and other relevant information.

Provide an overview of your operating plan and approach to maximizing event booking and utilization of the amphitheater, and what differentiates your approach from other firms.

How many employees does the organization have in total and residing in Long Beach?

Where are the representative(s) that would service the City’s account located?

Who are the key staff involved in the project?

For each, please a name, title, and resume either as an attachment or 1 paragraph description.

Does the proposal include subcontractors?

☐ Yes

☐ No

REFERENCES

Reference 1

Company

Project Manager

Phone Number

Project Description

Project Start and

End Dates

Reference 2

Company

Project Manager

Phone Number

Project Description

Reference 3

Project Manager

Phone Number

Project Description

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Reference 4

Project Manager

Phone Number

Project Description

Reference 5

Project Manager

Phone Number

Project Description

SUB-CONTRACTOR CONTACT INFORMATION (if applicable)

Please provide this information for all subcontractors included in this proposal.

Organization Company Name

Company Address

Authorized

Representative

Name

Title

Email Address

Phone Number

Other Point of

Contact (if required)

Name

Title

Email Address

Phone Number

SUBCONTRACTOR CAPACITY & EXPERIENCE

What type of enterprise is the organization?

☐ Non-Profit

☐ Sole Proprietorship

☐ General Partnership

☐ Corporation

State and Date of incorporation:

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☐ Limited Liability Company

☐ Other

Which specific requirements of this RFP will the subcontractor perform?

Please describe why the organization is qualified to provide the services described in this RFP (1-2 paragraphs).

Please describe the length of time the organization has been providing the services described in this RFP (1-3 sentences).

How many employees does the organization have nationally, locally, and residing in Long

Beach?

Where are the representative(s) that would service the City’s account located?

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5 Terms & Conditions

5.1 Acronyms/Definitions

1. Awarded Contractor: The organization/individual that is awarded a contract with the

City of Long Beach, California for the services identified in this RFP.

2. City: The City of Long Beach and any department or agency identified herein.

3. Contractor / Proposer: Organization/individual submitting a proposal in response to this RFP.

4. Department / Division: City of Long Beach, Department of Economic Development

5. Evaluation Committee: An independent committee comprised solely of representatives of the City established to review proposals submitted in response to the RFP, evaluate the proposals, and select a Contractor.

6. May: Indicates something that is not mandatory but permissible.

7. MSA: Metropolitan Statistical Area

8. RFP: Request for Proposals.

9. Shall / Must: Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

10. Should: Indicates something that is recommended but not mandatory. If the

Proposer fails to provide recommended information, the City may, at its sole option, ask the Proposer to provide the information or evaluate the proposal without the information.

11. Subcontractor: Third party not directly employed by the Proposer who will provide services identified in this RFP.

5.2 Solicitation Terms & Conditions

1. The City reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the City to do so.

2. The City reserves the right to request clarification of any proposal term from

Proposers.

3. The City may contact the references provided; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 24 any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

4. The level and term of documentation required from the Proposer to satisfy the City will be commensurate with the size and complexity of the contract and Proposers should submit accordingly. If the information submitted by the Proposer, or available from other sources, is insufficient to satisfy the City as to the Proposer’s contractual responsibility, the City may request additional information from the

Proposer or may deem the proposal non-responsive.

5. The City reserves the right to waive informalities and minor irregularities in proposals received.

6. The City reserves the right to reject any or all proposals received prior to contract award.

7. The City’s determination of the Proposer’s responsibility, for the purposes of this RFP, shall be final.

8. Unless otherwise specified, the City prefers to award to a single Contractor but reserves the right to award contracts to multiple contractors.

9. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Long Beach after all factors have been evaluated.

10. If the City receives a single responsive, responsible proposal, the City may request an extension of the proposal acceptance period and/or conduct a price or cost analysis on such proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single proposal.

The City reserves the right to reject such proposal or any portion thereof.

11. Any irregularities or lack of clarity in the RFP should be brought to the Purchasing

Division designee’s attention as soon as possible so that corrective addenda may be furnished to Proposers.

12. Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Proposer’s standard contract language. The omission of these documents may render a proposal non-responsive.

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13. Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

14. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

15. Proposals may be withdrawn by written notice received prior to the proposal opening time.

16. The price and amount of this proposal must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other

Contractor or prospective Contractor.

17. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

18. Prices offered by Proposers in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The Awarded Contractor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFP. No other costs, rates or fees shall be payable to the Awarded Contractor for implementation of their proposal.

19. The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

20. In the event a Proposer received assistance from City staff or a representative of the

City (technical assistance provider), the City is not responsible for any mistakes, inaccuracies, delays, or any other impact that the assistance provided did to impact the Proposer’s final product. Available technical assistance support services are only intended to provide advice and does not constitute a basis for any protest to this contract opportunity. It is solely the Proposer’s responsibility to prepare and submit a response to the RFP.

21. Proposal will become public record after the conclusion of the negotiation process and before final approval by the awarding body unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 26 agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

22. A proposal submitted in response to this RFP must identify any subcontractors, and outline the contractual relationship between the Proposer and each subcontractor.

An official of each proposed subcontractor must sign, and include as part of the proposal submitted in response to this RFP, a statement to the effect that the subcontractor has read and will agree to abide by the Proposer’s obligations.

23. If the Contractor elects to use subcontractors, the City requires that the Awarded

Contractor provide proof of payment of any subcontractors used for this project.

Proposals shall include a plan by which the City will be notified of such payments.

24. Each Proposer must adhere to the City’s Vendor Code of Conduct, including, but not limited to, disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed.

The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. The Vendor Code of Conduct can be found at https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

25. Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

26. The City reserves the right to negotiate final contract terms with any Proposers selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the Awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023 https://longbeach.gov/globalassets/finance/media-library/documents/business-info/purchasing-division/final-vendor-code-of-conduct-2023

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 27 the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the Awarded Contractor’s proposal, and the

Awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

27. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the City Contact.

28. Any contract resulting from this RFP shall not be effective unless and until approved by the City Council / City Manager, as applicable.

29. The City will not be liable for Federal, State, or Local excise taxes.

30. Execution of Attachment A of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, including all contract terms and conditions therein, except such terms and conditions that the Proposer expressly excludes.

31. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the proposal.

Any Proposer misrepresentation shall be treated as fraudulent concealment from the City of the true facts relating to the proposal.

32. Proposals shall be kept confidential through the negotiation process.

33. No announcement concerning the award of a contract as a result of this RFP may be made without the prior written approval of the City.

Proposers are advised that any contract awarded pursuant to this procurement process that exceeds $100,000 shall be subject to the applicable provisions of Long

Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance.

34. All Proposers shall complete and return, with their bid, the Equal Benefits Ordinance

Compliance form contained in Attachment B, if applicable. Unless otherwise specified in the procurement package, Proposers do not need to submit with their bid supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the proposer is selected for award of a contract.

5.3 Contract Terms & Conditions

1. The Awarded Contractor will be the sole point of contract responsibility. The City will look solely to the Awarded Contractor for the performance of all contractual

Queen Mary Amphitheater Operator | RFP ED-24-477 | Template v6.9.21 | 28 obligations which may result from an award based on this RFP, and the Awarded

Contractor shall not be relieved for the non-performance of any or all subcontractors.

2. The Awarded Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the Awarded Contractor has submitted acceptable evidence of the required insurance coverages. As a condition precedent to the effectiveness of this contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this contract from an insurance company that is admitted to write insurance in the

State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and

Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO CG

00 01, including, as may be applicable to Contractor’s operations, products and completed operations, pyrotechnics liability, liquor liability, armed and unarmed security guard liability, and fire legal liability, in an amount not less than Ten Million Dollars (US $10,000,000) per occurrence and in aggregate.

The City of Long Beach, its officials, employees, and agents shall be named as additional insureds in an additional insured endorsement equivalent to ISO

CG 20 26 and shall be protected from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities performed by or on behalf of the

Contractor. Said insurance shall be primary insurance with respect to City and shall include cross liability protection.

b. Workers’ Compensation Insurance as required by the Labor Code of the State of California and any other applicable laws, and employer’s liability insurance with minimum limits of One Million Dollars (US $1,000,000). The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of

Long Beach and its insurers, officials, employees, and agents.

c. Automobile Liability Insurance, including Garagekeepers Liability, in an amount not less than Two Million Dollars (US $2,000,000) combined single limit covering Symbol 1 (“any auto”) operated under this Contract..

d. Commercial crime insurance, in an amount…