Page 1 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

CITY OF DALLAS

Request for Statements of Qualifications

Management and Operation of City of Dallas Fair Park

BBZ1701

Page 2 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Contents Section 1: Introduction…………………………………………………………………………………………………………………………….3

Section 2: Background……………………………………………………………………………………………………………………………..3

Section 3: Selection/Contracting Process Overview………………………………………………………………………………..4

Section 4: Desired Scope of Services………………………………………………………………………………………………………..5

Section 5: Qualifications………………..………………………………………………………………………………………………………..6

Section 5a: Capability and Expertise………………………………………………………………………………………………………..6

Section 5b: Financial Capacity to Manage and Operate Venue…………..…………………………………………………..7

Section 5c: Demonstrated History of Partnering with Community to Raise Revenue.……………………………..7

Section 6: Business Inclusion and Development (BID) Plan………………….………………………………………………….7

Section 7: Pre-Submittal Conference…………………………………………………………………..….……………………………..7

Section 8: Selection of Qualified Responses……………………………………………………………………………………………8

Section 9: Communication and Inquiries………………………...……………………………………………………………………..9

Section 10: Submittal Information and Due Date…………….………………………….………………………………………….9

Section 11: Insurance Requirements……………………………………………………………………………………………………….9

Section 12: Performance and Payment Bond…..……..…………………………………………………………………………….10

Section 13: Contract……………………………………..………………………………………………………………………………………10

Section 14: Confidentiality…………………………………………………………………………………………………………………….10

Section 15: Ownership………………………………………………………………………………………………………………………….10

Section 16: Conflict of Interest………………………………………………………………………………………………………………10

Section 17: Indemnity……………………………………………………………………………………………………………………………11

Section 18: Late and Withdrawn Submittals…………………………………………………….……………………………………12

Section 19: Rejection or Acceptance of Submittals……..…………………………….………………………………………….12

Section 20: Disqualification of Respondents………………………………………………………………………………………….12

Section 21: Lobbying By Bidders and Proposers on City Contracts……..………………………………………………….12

Page 3 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 1: Introduction The City of Dallas (City) is soliciting submittals from a non-profit 501(c)3 organization, or a business entity

that will operate in a not-for-profit status, to oversee operations and management of Fair Park, a 277-acre

signature, multi-venue park and entertainment complex owned and operated by the City. The primary

area of geographic focus for this (as graphically depicted in Exhibit A Fair Park Map) is the area commonly

known as Fair Park.

The scope of work will include being responsible for full and complete development of Fair Park as a public

park; maintaining and managing the grounds and facilities of Fair Park as a vibrant, year-round location

for events, daily activities, and cultural enrichment; cultivating connections with and supporting

revitalization of the surrounding neighborhood; administering third party contracts in City stead, including

vendor concessions, licenses, and leases; securing and presenting future third party contract

opportunities for Fair Park, including naming and sponsorships; and seeking and securing financial support

opportunities for Fair Park through non-City sources. The operations and management contract will be

subject to City’s oversight. Additionally, the organization or entity shall assume from the City, if

assignable, all obligations and duties under the contracts in Exhibit B Existing Fair Park Contracts.

Section 2: Background Located two miles from downtown Dallas, Fair Park is a National Historic Landmark and offers more than

750,000 sq. feet of exhibition space, two performance facilities (amphitheater with capacity for 20,000

guests, and Music Hall with capacity for 3420 guests); five museums and cultural facilities; agricultural

facilities (five barns, arena complex, show arena, and new Briscoe Carpenter Livestock Center under

construction); indoor arena (capacity for 7,000 guests); Band Shell (capacity for 4,000 guests); and the

Cotton Bowl Stadium (92,500-seat, outdoor stadium). Fair Park is the site of the annual State Fair of Texas

and hosts numerous outdoor festivals and events throughout the year. In addition, Fair Park is home to

the largest collection of Art-Deco architecture in the United States. Fair Park serves more than 5 million

guests annually. Tenants at Fair Park include Dallas Summer Musicals Management Group which operates

and hosts events in the Music Hall; Dallas Winds; Daughters of the American Revolution; Friends of Fair

Park (Magnolia Lounge); Live Nation, which operates the Gexa Energy Pavilion; the Ed Campbell Company,

which operates the Old Mill Inn; the Dallas Historical Society, which operates the Hall of State Museum;

the Texas Discovery Gardens; Dallas Zoo Management, which operates the Children’s Aquarium at Fair

Park; the African American Museum; Perot Museum of Nature and Science (former Natural History) at

Fair Park; and the State Fair of Texas. Each of these entities have term agreements with the City of Dallas.

City operations which include WRR FM 101.1 Radio, Dallas City News Television, and the Dallas Police

Department Mounted and Canine Units will continue their operations at Fair Park under City’s

management and will not be included in the scope of work.

On September 3, 2014, the Mayor’s Fair Park Task Force presented its final report to a joint meeting of

the Dallas City Council and the Park and Recreation Board. One of the Task Force’s key recommendations

Page 4 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

was to empower a new organization as the operational and marketing authority for Fair Park with the City

providing sufficient operational and capital funding.

On May 7, 2015, the Park and Recreation Board passed a Resolution supporting the Mayor’s Fair Park Task

Force Key Recommendations with proposed modifications, including the requirement for a 501(c)(3)

entity to implement a public-private partnership, with a diverse board including at least one member

representing the surrounding Fair Park community and one member with historic preservation expertise.

Fair Park is to be used solely for park purposes, including: serving as the location of recreational facilities

and activities, cultural institutions and programs, sporting events, entertainment, and educational

programs with a cultural or recreational component; and providing other support facilities and activities,

concessions, and parking.

The City is now seeking qualifications from qualified operators that should be prepared to assume the

management of Fair Park, the first step toward implementing the recommendations set forth by the

Mayor’s Fair Park Task Force. The City anticipates establishing a management agreement with the

successful non-profit 501(c)3 organization, or a business entity that will operate in a not-for-profit status,

for Fair Park’s development, enhancement, operation, management, maintenance, and marketing

(including fundraising).

The City, through its Park and Recreation Board and the Park and Recreation Department, has successfully

contracted with non-profit entities to manage other City facilities with a very specific target audience and

mission, including the Dallas Arboretum, the Dallas Zoo, the Trinity River Audubon Center, and

MoneyGram Soccer Park. The City holds similar contracts for the management of cultural institutions

including the Dallas Museum of Art, the AT&T Performing Arts Center, and the African American Museum.

The City has also contracted with a for profit entity to operate its Convention Center Hotel as a not-for-

profit operation.

Section 3: Selection/Contracting Process Overview The City will use a two-step process: This request for qualifications is the first step. In this step, the City

has established requirements to select qualified parties to be considered further. An evaluation

committee will evaluate the qualifications of the respondent(s), according to the established criteria in

this solicitation. In step two, the City will invite respondents it deems qualified to submit a complete

proposal to develop, enhance, maintain, manage, and operate Fair Park. An evaluation committee will

evaluate the proposals to determine the most advantageous proposal to be considered for award. Each

qualified respondent shall be asked to provide a submittal with all relevant and factual information for

evaluation. Failure to provide requested submittal documents may adversely affect a respondent’s score.

If the evaluation committee is unable to determine qualifications due to lack of documentation provided

by the respondent, the respondent will receive few or no points for the respective evaluation criterion. If

necessary, during step one and/or two, the City may request a formal presentation of the submittal to the

evaluation committee.

Page 5 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 4: Desired Scope of Services The City’s desired scope of services for this project is outlined below and may be modified.

1. Develop, enhance, maintain, manage, and operate Fair Park:

(A) Execute the recommendations of the Mayor’s Fair Park Task Force Report, as amended by the

Park and Recreation Board Resolution, including the development of a new year-round

community park.

(B) Identify in what additional ways the Park can be developed for multiple year-long uses.

(C) Establish effective community relations (including cultivating connections with and

supporting revitalization of the surrounding neighborhood), marketing, promotions,

sponsorships, and advertising.

(D) Enhance and maintain Fair Park as a national historic landmark.

(E) Support, maintain, and enhance the various cultural institutions located in Fair Park.

(F) Support, maintain, and enhance sporting and recreation venues located in Fair Park.

(G) Administer third party contracts, including vendor contracts, concessions, licenses and leases,

and contracts securing and presenting future events, programming, and visitor attraction

opportunities for Fair Park.

2. Prepare a strategic plan and business plan for the implementation of a centralized,

comprehensive, and integrated management organization to potentially become a self-

supporting enterprise responsible for the planning and capital development for needed

improvements as well as the operations and maintenance of existing and new improvements at

Fair Park. The business plan is to include analysis and recommendations for at least the following:

funding model (start-up, short-term, and long-term) with phasing in of dedicated public and

private revenue sources and uses of revenue;

management structure and governance (including staffing with professionals with specialized

expertise in public asset management); and

process/timeline.

3. Update the 2003 Fair Park Comprehensive Development Plan.

Page 6 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 5: Qualifications The qualifications for the first step of the process are listed below. The respondent shall submit a

Statement of Qualifications of fifty (50) pages or fewer, that clearly demonstrates how the

organization/entity meets each criterion. In this request for qualifications, the term organization/entity

shall mean a non-profit 501(c)3 organization, or a business entity that will operate in a not-for-profit

status, and its board, officers, or employees.

Qualification Selection Criteria

1. Capability and Expertise 40 points

2. Financial capacity to manage and operate venue 40 points

3. Demonstrated history of partnering with community to raise revenue 20 points

The submittal shall be required to score no less than 70 points in order to qualify and be considered for

step two.

Section 5a: Capability and Expertise The submittal should demonstrate the respondent’s capability and experience by providing:

the name of the non-profit 501(c)3 organization or business entity that will operate in a not-for-

profit status, date of formation, and current address;

background/overview of the organization/entity;

a list of officers or directors of the organization/entity, which should include/identify at least one

member representing the surrounding Fair Park community and one member with historic

preservation expertise;

verifiable experience of the organization/entity with public sector projects;

verifiable experience of the organization/entity with historic preservation;

verifiable experience of the organization/entity establishing and maintaining working

relationships with the State Fair of Texas, or other organizations of a similar size, purpose, and

prominence;

verifiable experience of the organization/entity with community engagement, including

cultivating connections with residents and supporting community development/revitalization;

resumes indicating demonstrated capability and expertise of key individuals of the

organization/entity undertaking management, operations, and fundraising; or demonstrated

ability to hire such expertise;

background, verifiable experience, and demonstrated capability of other team members

proposed for the management and operations; or demonstrated ability to hire such team

members.

Page 7 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 5b: Financial Capacity to Manage and Operate Venue The submittal should demonstrate the respondent’s ability to fund and sustain major projects and/or

major multi-year projects, including, but not limited to, facilities construction/management/maintenance,

capital campaigns, cultural institution projects/campaigns, major sporting/cultural/entertainment events,

or other relevant projects. The respondent shall include information demonstrating how the

organization/entity was successful in managing the project(s) within the operating budget, and how it

addressed any unforeseen costs during the operational period. This section is not intended for the

interested party to propose the financial plan to operate the Fair Park venue.

Section 5c: Demonstrated History of Partnering with

Community to Raise Revenue The submittal should demonstrate the respondent’s ability to partner with public and private

communities to raise funds to support, operate, and sustain major projects and/or major multi-year

projects as described in section 5b. The respondent shall provide any financial (private or public)

relationships and/or strategies used to raise funding for project(s).

Section 6: Business Inclusion and Development (BID) Plan The intent of this section is to advise interested parties of the City’s BID policy and the requirements

thereof. Respondents are not required to submit documentation to adhere with this policy during the

qualification phase.

Qualified respondents shall address the below requirements during step two, proposal submittal process.

It is the policy of the City of Dallas to involve Minority and Women-Owned Business Enterprises to the

greatest extent feasible on the City’s construction, procurement, and professional services contracts. The

City and its contractors shall not discriminate on the basis of race, color, religion, national origin, or sex in

the award and performance of contracts. In consideration of this policy, the City of Dallas has adopted

the Business Inclusion and Development Plan (BID Plan) for all City of Dallas contracts.

Section 7: Pre-Submittal Conference

The City will hold a pre-submittal (pre-qualification) conference at 9:00 a.m., central time, on

November 7, 2016, at Fair Park, Media Center at the Cotton Bowl Stadium, 3924 MLK Blvd, Dallas, Texas

75210. All prospective respondents are strongly encouraged to attend the conference, but attendance is

not mandatory.

The entrance is accessible through the Cotton Bowl Stadium ramp on the south side. The Media Center

is located on level 3. The intent of this meeting is to provide parties interested in submitting a response

the opportunity to ask questions related to the qualifications document. Interested parties also have an

Page 8 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

opportunity to submit questions in writing. The deadline for submitting written questions is 4:00 p.m.,

central time, on November 11, 2016. Any written questions shall be submitted to the buyer at

mario.alvarado@dallascityhall.com. Please reference the solicitation number on the subject line.

It is to a prospective respondent’s advantage to read all sections of this document prior to the pre-

submittal conference and advise City staff of any questions regarding this solicitation’s specifications or

supporting documentation during the pre-submittal conference. Requests for additional information,

questions submitted in writing by prospective respondents, along with questions from the pre-submittal

conference, will be provided as an addendum on the City’s website at:

https://bids.dallascityhall.com/webapp/VSSPROD/AltSelfService.

Section 8: Selection of Qualified Responses The City’s evaluation committee will evaluate all responses received by the due date and time as part of

the first step of a two-step selection process. During the qualification phase (step one), the committee

will evaluate submittals based on the evaluation criteria in section 5. The City will provide a detailed

specification and scope of work to respondents deemed qualified, and will request a proposal as part of

the second phase (step 2) of the process. A second evaluation committee will then evaluate and rank the

respondent’s submittal/presentation to select the most advantageous proposal for recommendation.

The City may, at any time, investigate a respondent’s ability to perform work. The City may ask for

additional information about the organization/entity and its work on previous contracts. Respondents

may choose not to submit such information in response to City’s request; however, if failure to submit

such information does not clarify the City’s questions concerning the ability to perform, the City may

discontinue further consideration of a particular submittal. Please be aware that the City may use sources

of information not supplied by the respondents concerning the ability to perform this work. Such sources

may include current or past customers of the organization; current or past suppliers; articles from industry

newsletters or other publications or from non-published sources made available to the City.

All costs associated with the preparation and submission this RFQ, and subsequent proposal if a

respondent is deemed qualified, are the responsibility of the respondent. These costs shall not be

chargeable to the City by the successful or unsuccessful respondents. All submitted materials become the

property of the City and will not be returned except in the case of a late submission.

The City is not liable for any cost incurred by any respondent prior to signing of the contract by all parties. The prospective contractor should realize that payments in any given year are contingent upon the enactment of legislative appropriations.

This RFQ contains no contractual offer of any kind. No contractual relationship will exist except pursuant

to a written contract document(s) fully executed by the City. The City further reserves the right to

terminate this RFQ process, at its sole discretion, for any reason or no reason. Should the City terminate

this RFQ process, all respondents will be notified in writing.

Page 9 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 9: Communication and Inquiries During the solicitation process, the only contact with City personnel, other than with the Office of Business

Development & Procurement Services, will be at the pre-submittal conference. All other questions should

be submitted in writing and referred to the buyer listed below in Section 10.

Section 10: Submittal Information and Due Date Sealed submittals shall be delivered in person or by mail to the address listed below by 2:00 p.m., central

time, December 2, 2016. Starting at 2:01 p.m. on the due date, submittals will not be accepted and will

be returned to the respondent unopened. Electronic, faxed, or emailed submittals will not be accepted.

All submittals shall include the project name and number, organization/entity name, address, telephone

number, and designated contact person regarding the submission. One (1) original, eight (8) identical

copies, and one (1) electronic PDF document (flash drive or CD only) of the submittal should be delivered

to:

Dallas City Hall

Mario Alvarado

Business Development & Procurement Services

1500 Marilla St. Room 3FN

Dallas, TX 75201

All submittals shall be typed and bound on 8.5’’ x 11’’ paper. The following documents are required to be

included with the submittal:

Cover Letter: Provide a short cover letter (not to exceed 2 pages) with the name of the

submittal, contact information for the respondent, including a primary contact name, mailing

address, phone number, and email address and a short summary of the respondent’s

understanding of the request. The letter should be signed by an authorized officer of the

organization/entity proposing to serve as the lead contracting entity.

Address all sections of criteria (not to exceed 50 pages)

RFQ Signature Page

Conflict of Interest form

Business Information form

Section 11: Insurance Requirements Qualified respondents shall address these requirements during step two, proposal process. The successful

respondent will be required to purchase and maintain appropriate insurance, during the term of the

contract, and agree to the indemnification agreement.

Page 10 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 12: Performance and Payment Bond Qualified respondents shall address these requirements during step two, proposal process. The successful

respondent will be required to purchase and maintain, through the term of the contract, the required

performance and payment bonds during the term of the contract.

Section 13: Contract Qualified respondents shall address these requirements during step two, proposal process. Contract

award is subject to approval by the City Council. The City will require the successful respondent to sign

the necessary contract documents prepared by the City Attorney's Office. A sample contract will be

available upon request for review of general terms and conditions in the Request for Proposal stage.

Section 14: Confidentiality Any information deemed confidential shall be clearly noted as such on each page or pages of respondent’s

submittal. Efforts will be made to keep the marked information confidential; however, the City cannot

guarantee it will not be required to disclose all or part of any public record under the Texas Open Records

Act.

The City will open submittals so as to avoid disclosure of contents to competing respondents and keep

them secret and confidential during the entire process. It is the responsibility of the respondent to clearly

mark and identify all portions of the submittal that contain trade secrets, confidential information, and

other proprietary information. Such information contained in the submittals and clearly identified will not

be made open for public inspection at any time, even after the contract has been awarded and executed

(regardless of whether or not the respondent wins the contract). If a third party challenges the trade

secret or confidential nature of certain information, it will be the responsibility of the respondent to

defend the challenge to the State Attorney General’s office.

Section 15: Ownership Any and all creative concepts including Dallas specific logos, brands, scripts, storyboards, drawings, and/or

design work (in native format), and all written information and other materials prepared for the execution

of the project shall become the property of the City. Materials developed exclusively for the City may not

be used in similar manner by any other municipality or other entity without express written consent from

the City.

Section 16: Conflict of Interest The respondent acknowledges that the following section of the Charter of the City of Dallas prohibits

certain transactions between the City and its officers and employees, to wit:

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER PROHIBITED

Page 11 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

No city official or employee shall have any financial interest, direct or indirect, in any

contract with the city, or be financially interested, directly or indirectly, in the sale to the city

of any land, materials, supplies or services, except on behalf of the city as a city official or

employee. Any violation of this section shall constitute malfeasance in office, and any city

official or employee guilty thereof shall there by forfeit the city official’s or employee’s office

or position with the city. Any violation of this section, with knowledge, express or implied, of

the person or corporation contracting with the city shall render the contract involved voidable

by the city manager or the city council. The alleged violations of this section shall be matters

to be determined either by the trial board in the case of employees who have the right to

appeal to the trial board, and by the city council in the case of other employees. The

prohibitions of this section shall not apply to the participation by city employees in federally-

funded housing programs, to the extent permitted by applicable federal or state law. This

section does not apply to an ownership interest in a mutual or common investment fund that

holds securities or other assets unless the person owns more than 10 percent of the value of

the fund. This section does not apply to non-negotiated, form contracts for general city

services or benefits if the city services or benefits are made available to the city official or

employee on the same terms that they are made available to the general public. This section

does not apply to a nominee or member of a city board or commission, including a city

appointee to the Dallas Area Rapid Transit Board. A nominee or member of a city board or

commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply

with any applicable conflict of interest or ethics provisions in the state law and the Dallas City

Code. (Amend. of 8-12-89, Prop. No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14,

Prop. Nos. 2 and 9) 11

Section 17: Indemnity The selected respondent agrees to defend, indemnify, and hold the City, its officers, agents, and

employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal

injury (including death), property damage or other harm for which recovery of damages is sought, suffered

by any person or persons, that may arise out of or be occasioned by the selected respondent’s breach of

any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission

of the selected respondent, its officers, agents, employees, or subcontractors, in the performance of the

contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting

from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint

and concurrent negligence or fault of the selected respondent and City, responsibility, and indemnity, if

any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving

any governmental immunity available to the City under Texas law and without waiving any defenses of

the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties

hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person

or entity.

Page 12 of 12 Rev. 2 - 08/19/13 Doc#BDPS-FRM-135

Section 18: Late and Withdrawn Submittals Submittals received by the City after the scheduled due date and time will not be considered. Any

submittal may be withdrawn prior to the scheduled due date and time.

Section 19: Rejection or Acceptance of Submittals This solicitation does not commit the City to award any contract. The City of Dallas reserves the right to

reject any or all submittals, to waive technicalities or irregularities, and to accept any submittal it deems

to be in the best interest of the City. The City reserves the right to reject specific elements contained in all

submittals.

Section 20: Disqualification of Respondents Respondents may be disqualified for non-compliance with requirements and, for any, but not limited to,

the following reasons:

1. Reason to believe collusion exists among the respondents.

2. The respondent is involved in any litigation against the City of Dallas.

3. The respondent is in arrears on an existing contract or has failed to perform on a previous

contract with the City of Dallas.

4. The respondent’s lack of financial stability.

5. The respondent’s failure to use the City of Dallas approved forms or follow City of Dallas

guidelines, procedures, rules, or regulations.

Section 21: Lobbying By Bidders and Proposers on City Contracts (DALLAS CITY CODE SEC. 12A-15.8, SUBSECTION G) A PERSON RESPONDING TO A REQUEST FOR BIDS OR REQUEST FOR PROPOSALS ON A CITY CONTRACT SHALL NOT (EITHER PERSONALLY OR THROUGH A REPRESENTATIVE, EMPLOYEE, OR AGENT) LOBBYA CITY COUNCIL MEMBER FROM THE TIME THE ADVERTISEMENT OR PUBLIC NOTIFICATION OF THE REQUEST FOR BIDS OR REQUEST FOR PROPOSALS IS MADE UNTIL THE TIME THE CONTRACT IS AWARDED BY THE CITY COUNCIL. THIS SUBSECTION DOES NOT PROHIBIT A BIDDER OR PROPOSER FROM SPEAKING AT THE CITY COUNCIL MEETING WHERE THE AWARD OF THE CONTRACT IS CONSIDERED. (ORD. 27748)