Retail_Leasing_Opportunity:_57_Municipal_Wharf_(Addendum_#1_Revision).pdf

Request for Proposal

No. RFP No. ED-0275

FOR

RETAIL LEASING OPPORTUNITY: 57 MUNICIPAL WHARF

Contact: David McCormic, Development Manager

Email: dmccormic@santacruzca.gov

RESPONSE DEADLINE: February 20, 2026, 10:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/santacruzca

City of Santa Cruz

Retail Leasing Opportunity: 57 Municipal Wharf

I. INTRODUCTION

II. GENERAL INFORMATION FOR PROPOSERS

III. PROCESS INSTRUCTIONS

IV. EVALUATION CRITERIA

V. TERMS AND CONDITIONS

VI. PRELIMINARY SCOPE OF WORK

VII. PROPOSAL SUBMITTALS

Attachments:

A - Wharf Lease Agreement - 57 Municipal Wharf

B - Wharf Lease Agreement, Exhibit E - Construction Work BMP

C - 57 Municipal Wharf Pictures

#RFP No. ED-0275 Title: Retail Leasing Opportunity: 57 Municipal Wharf

1. INTRODUCTION

1.1. Summary

The City of Santa Cruz (“City”) is seeking Request for Proposals (“RFP”) to lease a commercial retail space located at 57 Municipal Wharf, Santa Cruz CA. The commercial retail space is approximately 1,030 square feet and may be reduced or modified during the lease term, to accommodate an upcoming expansion of the adjacent Wharf restrooms. Future plans for square footage and layout will be available in Spring 2026.

The successful Proposer should showcase a creative specialty retail use that features innovative merchandise lines or experiences resulting in unique products, an attractive and comfortable atmosphere, innovative interior design, and a visually appealing storefront.

The City is not necessarily looking to duplicate, replicate or expand on existing retail themes on the

Wharf. Respondents should propose concepts that appeal broadly to diverse customer bases, compliment rather than compete with nearby businesses, and provide a memorable experience to potential customers and window shoppers.

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay.

The City is the primary beach destination for the San Francisco Bay and Central Valley regions and it attracts over 4,000,000 global visitors annually; over half of whom visit the Wharf. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000.

The Santa Cruz Municipal Wharf is the longest wooden ocean pier in the Western Hemisphere and lies atop the Monterey Bay National Marine Sanctuary, one of the most biologically diverse hot spots on the planet. In addition to its unparalleled natural beauty, Santa Cruz is a global tourist destination popular for its beaches, recreational opportunities including its distinctive skate and surf culture, music, historical landmarks, and open-minded community.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to University of

California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

1.3. Contact Information

Project Contact:

David McCormic

Development Manager

Email: dmccormic@santacruzca.gov

Phone: (831) 420-5156 mailto:dmccormic@santacruzca.gov tel:(831)420-5156

Procurement Contact:

David McCormic

Development Manager

Email: dmccormic@santacruzca.gov

Phone: (831) 420-5156

Department:

City Manager

Department Head:

Matt Huffaker

City Manager

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date January 29, 2026

Pre-Proposal Meeting (Non-Mandatory) February 10, 2026, 1:00pm

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RFP Questions and Clarification Due Date February 11, 2026, 12:00pm

Proposal Submission Deadline February 20, 2026, 10:00pm mailto:dmccormic@santacruzca.gov tel:(831)420-5156 https://teams.microsoft.com/meet/26845480086198?p=QSaUGAUjfYqOAVWNwu https://teams.microsoft.com/meet/26845480086198?p=QSaUGAUjfYqOAVWNwu

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work

All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

Retail Leasing Opportunity: 57 Municipal Wharf

RFP No. RFP No. ED-0275

The City anticipates awarding a lease agreement to a vendor for a 1-5 year term with 1-2 options to extend 1-5 years, if City so elects. The Proposer will provide business operations as described in the

Proposer's Proposal Package and services outlined in Section Preliminary Scope of Work.

2.2. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. This RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/228558. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 12:00 pm on Wednesday, February 11, 2026.

2.3. Proposal Submittal Due Date

Proposals are due no later than 10:00 pm on Friday, February 20, 2026, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s e-

Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/228558.

Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting

A pre-proposal meeting is scheduled on the date and time stated in the Timeline in INTRODUCTION

Section via video conference. The purpose of this meeting is to give Proposers the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the RFP process will be discussed at the pre-proposal meeting. Attendance at the pre-proposal conference is not mandatory, however, it is strongly encouraged.

Access to the pre-proposal video conference is available via the following:

https://procurement.opengov.com/portal/santacruzca/projects/228558 https://procurement.opengov.com/portal/santacruzca/projects/228558 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/228558 https://procurement.opengov.com/portal/santacruzca/projects/228558/document?section=2161078

Video Conference Link:

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The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least

48 hours prior to the meeting.

2.5. Responsiveness and Responsibility

When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

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G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the

City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP. Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions

In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal to this

RFP.

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the Proposer.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

E. “Contract” also means Purchase Order or Agreement.

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out in the City's procurement portal.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/228558, under Bidding Information.

3.2. Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in the sub-sections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked

Proposer.

3.3. Responsiveness

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

3.4. Responsibility

Responsiveness is determined in accordance with meeting the minimum requirements in Sub-Section

Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive

(the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

https://procurement.opengov.com/portal/santacruzca/projects/228558/document?section=2161078 https://procurement.opengov.com/portal/santacruzca/projects/228558 https://procurement.opengov.com/portal/santacruzca/projects/228558/document?section=2161083 https://procurement.opengov.com/portal/santacruzca/projects/228558/document?section=2161084

Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

The City may conduct interviews and oral presentations with the highest scoring Proposers. The City reserves the right to waive the interview process and evaluate the Proposer based on the Proposal

Evaluation Criteria alone. Should interviews and oral presentations be conducted, proposals will be evaluated by the EC using the Interview and Oral Presentation Evaluation Criteria as set forth below.

Proposers will be responsible for all their expenses associated with the interview and oral presentation. The City reserves the right to conduct interviews and oral presentations with qualified contractors by web or teleconference.

3.5. Negotiations

Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a

Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. Collusive or Sham Bids

No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a proposer or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The proposer shall acknowledge that it has not directly or indirectly been collusive with any other proposer in the preparation and submission of the proposal by submitting the Non-Collusion

Declaration. If at any time it shall be found that the proposer to whom a contract has been awarded has, in presenting the proposal, colluded with any other party or parties, said proposer shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.7. Public Record

Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA)

California Government Code, sections 7920.000 – 7931.000. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and

Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure. If Proposer contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Proposer fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Proposer. Proposer further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Proposer.

3.8. Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

David McCormic, Development Manager, dmccormic@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protests letters regarding a contract award will be directed to:

City of Santa Cruz

Matt Huffaker, City Manager Director

337 Locust Street

Protests regarding the contract award must be received no later than 5 business days after the written

Notice of Intent to Award is sent by the City. The award protest must be in writing and include:

The name, address, and telephone number of the protester; The Project title, RFP Number, and RFP due date; A detailed statement of the legal and/or factual grounds for the protest; and the form of relief requested. Throughout the protest review process, the City has no obligation to delay or otherwise postpone an award of a contract.

Protests regarding the award resulting from this RFP must be delivered to

Matt Huffaker, City Manager Director within 5 business days after the written Notice of Intent to Award is sent by the City. The City Manager Director will review the protest and issue a written response within

10 business days. The decision of the City Manager Director is final.

3.9. Debriefing

A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.10. Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section

Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;

• Documentation of all credentials necessary to legally perform the Project specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually.

• The finalized contract will be in the form included as Appendix A Sample Municipal Wharf

Lease Agreement herein, and include the RFP documents, the Proposer’s response to RFP and

Vendor Questionnaire, the Proposal Package, and any negotiated modifications agreed to by the parties.

3.11. Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information from a Proposer;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract.

o To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.12. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.13. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this

RFP. Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

4. EVALUATION CRITERIA

4.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Adherence to RFP

Requirements

To be considered responsive, the proposal shall include the information detailed in this section. The proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the subheadings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

Proposal Format

Proposals should be organized as follows:

• Proposal

• Retail Concept and

Tenant

Improvements

• Experience and

Qualifications

• Operations and

Management

• Financial

Statements

• Proposals will be deemed non-responsive and removed from further consideration if the

Proposal is not received in accordance with the terms of this RFP or the Proposer does not meet the basic minimum qualifications and proposal

0-100 Points 5 (5% of Total) requirements set forth in this RFP.

Proposals shall be typed, as concisely as possible, and shall not include any unnecessary promotional material. The

Proposer shall provide the information required in this

Evaluation Criteria section and comply with the maximum page limitations provided for each subsection of the proposal. The RFP Required

Submittal Documents do not count toward applicable section page limits.

Resumes, if requested, shall be included as a separate attachment. Number every page sequentially beginning with the cover page, including any text, charts and graphic pages, including attachments and exhibits. If used, narrative pages shall be used sparingly and only where required to convey related information that cannot be accommodated. The proposal shall use Arial or a similar, easily readable font. A minimum of 11-point font size and 1.25-line spacing is required for text. Narrow or condensed fonts are not permitted. Font restrictions do not apply to attachments. Different size fonts will be allowed for headings, charts, tables, and graphics and must be easily readable.

2. Proposal

This section must include the following (maximum 6 pages):

1. Proposed Lease

Terms -

Proposed initial term of lease and desired number and length of lease extensions;

2. Proposed Co-benefits to City

(minimum rent, percentage rent, other)

3. Projected Sales, Net Income, and Cash Flow -

Projections must be realistic and attainable and justified.

Provide details regarding the assumptions that were made in developing the financial projections.

0-100 Points 10 (10% of Total)

3. Retail Concept and Tenant

Improvements

In this section (maximum 15 pages, not including copies of

Licensing Agreements), include the following:

A. Retail Concept - A detailed description of the overall retail concept and business rationale that includes, but is not limited to, strength of product, customer recognition, and the ability of the goods and products to drive sales for the proposed concept.

Discuss creativity and innovation of interior design, storefront(s), interior appeal, and overall theme;

B. Licensing

Agreements -

Provide copies of any/all licensing agreements applicable to your

Proposal’s concept and products or anticipated that will be needed;

C. Enhancement of

Wharf Retail

Environment -

1. Demonstrate how the proposed concept would contribute to the Wharf

0-100 Points 35 (35% of Total) experience and represents a concept that is consistent with current retail trends.

2. Describe how the proposed concept is anticipated to enhance the existing retail program on the

Wharf rather than conflicting or diluting the operation of adjacent retailers.

D. Product List and

Pricing – List products and proposed price structure;

E. Design Concept for

Tenant

Improvements -

Include:

1. A detailed description of the overall design concept;

2. A detailed description of the general color scheme;

3. Draft exterior signage and graphics;

4. Rough schematic floor plan of the

Premises showing points of sale, placement of fixtures/display s/millwork, expected queuing, storage, and other pertinent features. NOTE:

Architect’s renderings are not needed for this RFP response and floor plan may be conceptual.

5. Description of the various materials to be used within the

Premises including floor coverings, wall coverings, ceiling treatment, lighting, service counter and other display areas.

6. Supporting pictures or imagery depicting style, theme, or proposed improvements.

F. Tenant

Improvement

Budget – Include a budget for the

Tenant

Improvements.

G. Schedule – Include a projected schedule.

H. A copy of the proposed business plan (optional).

4. Experience and Qualifications

In this section (maximum 7 pages), include the following:

A. Business

Information -

Provide evidence of the necessary experience and capacity to operate and fulfill the scope and conditions of the retail opportunity.

B. Experience and

Qualifications -

Provide information about your business.

C. Development and

Management Team

- Discuss previous experience and success in operating the type of concept being proposed.

D. References –

Include references in the following categories:

professional/industr y, credit/bank, and landlord/leased properties.

0-100 Points 15 (15% of Total)

5. Operations and Management

Plan

In this section (maximum 5 pages), include the following:

A. Customer Service

Plan - Submit a customer service/philosophy plan and how it relates to this retail opportunity.

B. Management Plan -

Submit a detailed management plan, which includes but not limited to:

1. Description of your employee training program.

2. Description of policies and procedures for loss prevention, inventory and cash controls.

3. Outline of the anticipated staffing levels to ensure adequate customer service and coverage;

include projected total daily manpower hours and the number of on-site management staff.

0-100 Points 20 (20% of Total)

4. List the anticipated wage rates for staff.

C. Social Media and

Other Marketing -

Describe any social media and other marketing techniques that will enhance the operation and presentation of the concept in order to improve sales, traffic and exposure.

6. Financial Statements

In this section, include the following:

A. Capital Investment and Financing

Sources Plan –

Submit proposed capital investments and funding.

B. Financial

Statements and

Information

(15% of Total)

4.2. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Proposal Understanding, Work Plan and Approach

Proposers invited for the interview and oral presentations are expected to have a clear understanding of their proposal package and a well thought out vision for implementing the business concept.

(60% of Total)

2. Quality of Presentation

Proposers invited to participate in the interview and oral presentations will be evaluated on their ability to effectively communicate their proposal, including lease terms, co-benefits to City, retail concept, budget and other details described in their Proposal Package. The presentations should be informative and concise.

0-100 Points 10 (40% of Total)

5. TERMS AND CONDITIONS

5.1. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.2. Prevailing Wages and Labor Compliance

Please refer to the Municipal Wharf Lease Agreement template.

5.3. Agreement (Appendix A)

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

5.4. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 1-5 year(s) plus any renewals agreed to by the parties and made in writing.

5.5. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

5.6. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this solicitation, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

6. PRELIMINARY SCOPE OF WORK

6.1. Project Objectives

This project is intended to award the Municipal Wharf Lease Agreement to one proposer to enhance visitor experience on the Wharf. The proposer should ideally showcase a creative specialty retail use that features innovative merchandise lines or experiences resulting in unique products, an attractive and comfortable atmosphere, innovative interior design, and a visually appealing storefront.

6.2. Minimum Qualifications

• Firm has no fewer than three years of experience in retail management or business operations – reference checks may be used in evaluation of proposals

• Clearly identified and qualified management team to carry out the proposal in a timely fashion

• Demonstrate experience in overseeing building maintenance for the areas described in the

Municipal Wharf Lease Agreement template as Tenant’s Responsibilities

• No pending legal cases related to business activities or financial matters for which proposer could be found at fault

6.3. Scope of Work

The scope of work includes adhering to the terms and conditions described in the Municipal Wharf template, including but not limited to maintaining hours of operation, remitting rent, and performing

Tenant maintenance obligations.

7. PROPOSAL SUBMITTALS

7.1. Proposal Response*

By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for Retail Leasing Opportunity:

57 Municipal Wharf” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

☐ Please confirm

*Response required

7.2. Proposal Package*

Please download the below documents, complete, and upload.

• Proposal_Package.pdf

*Response required

7.3. Non-Collusion Declaration*

By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any

Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other

Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

https://government-project.s3.us-west-2.amazonaws.com/228558/2527b344-6867-4c17-a952-9030c5e71aef_Proposal_Package.pdf

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

7.4. Acknowledgment of Addenda and Question and Answer*

In order to submit a proposal, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

☐ Please confirm

*Response required

7.5. California Levine Act Disclosure Statement

As a party to a proceeding, you are required to comply with the following Levine Act Disclosure

Statement:

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City

Officers (as defined below) from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they accept, solicit, or direct contribution(s) from a party, participant, and its agent(s), totaling more than $500 within the twelve (12) months prior to the proceeding, while a proceeding is pending, and for twelve

(12) months following the date of a final decision in a proceeding.

“City Officers” include any City elected or appointed officer, their alternates, and any candidate for elective office. “City Officers” are listed at the following sites:

• City Council and Mayor: cityofsantacruz.com/government/city-council/councilmembers

• Candidates for elective City offices: cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates

• Board and Commissioners with certain decision-making powers:

cityofsantacruz.com/government/advisory-bodies, including:

o Arts Commission o Board of Building Appeals o Children’s Fund Oversight Committee o Downtown Commission o Historic Preservation Commission o Parks & Recreation Commission o Planning Commission o Sister Cities Committee file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-council/councilmembers file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/city-departments/city-clerk/elections/candidates file://///ADS-66162-99/data$/Documents/BUSINESS/CITY/CITY%20COUNCIL/Conflict%20of%20Interest/SB%201439%20(Levine%20Act)/Disclosure%20Statement%20Forms/cityofsantacruz.com/government/advisory-bodies o Transportation and Public Works Commission o Water Commission o Zoning Administrator

As a party to a proceeding, you are also required to provide the information below concerning your contributions to City Officers. This form is to be submitted to the City of Santa Cruz as soon as practicable, but before the proceeding itself, and is a public record. If you have any questions about this form, please contact your City representative for assistance.

You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered by the City of Santa Cruz.

Answering “YES” to any of the questions in this Section does not preclude the City of Santa Cruz from awarding a license, permit, or contract to you or your organization or taking any subsequent action related to said license, permit, or contract. It does, however, preclude any identified City Officers from participating in any actions related to this license, permit, or contract, unless the identified City

Officers return the contribution within 30 days of discovery. (Gov. Code § 84308(d); FPPC Reg.

18438.7.)

In determining whether a contribution has exceeded $500, the contributions of an agent shall not be aggregated with contributions from a party or participant. (Gov. Code § 84308(g).)

7.5.1. Have you or your organization, or any agent on behalf of you or your organization (except for uncompensated officers of a nonprofit organization), made any contributions totaling more than $500 to any City Officers (as defined above) in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?* Note that, with respect to elected officers, contributions only count if the elected officer or the body of which they are a member has authority to make a decision or recommendation in the proceeding.

☐ Yes

☐ No

*Response required

When equals "Yes"

7.5.2. If yes, please identify the City Officer(s) Name, Payee Name, Payment

Date, and Payment Amount in the field below.* *Response required

7.5.3. Do you or your organization, or any agent on behalf of you or your organization (except for uncompensated officers of a nonprofit organization), anticipate or plan to make any contribution totaling more than $500 to any

City Officers (as defined above) during or in the 12 months following any City

Council, Board, or Commission action related to this license, permit, or contract? * Note that, with respect to elected officers, contributions only count if the elected officer or the body of which they are a member has authority to make a decision or recommendation in the proceeding.

☐ Yes

☐ No

*Response required

When equals "Yes"

7.5.4. If yes, please identify the City Officer(s) Name, Payee Name, Payment

Date, and Payment Amount in the field below.* *Response required