Elm Fork Athletic Complex Operations Proposal

8/3/2019 Elm Fork Athletic Complex Operations Proposal

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SPECIFICATIONS FOR THE

OPERATION and MANAGEMENTOF THE

Elm Fork Athletic Complex

RFP #BLZ1201

Park and Recreation DepartmentCity of Dallas

Dallas, TexasOctober 27, 2011


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SECTION 5. CONTRACT..........................................................................................................................18

1. Award of Contract..........................................................................................................................18

2. Assignment of Contract..................................................................................................................18

3. Indemnity........................................................................................................................................19

4. Default............................................................................................................................................195. Termination for Convenience.........................................................................................................20

6. Notices............................................................................................................................................207. Miscellaneous................................................................................................................................20

8. Conduct of Work.............................................................................................................................21


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Definition of Terms and AbbreviationsThe following terms shall have the following meanings when used in these Specifications.

1. Buyer: Member of Business Development and Procurement Services Department of the Cityresponsible for oversight of the Request for Proposal process. All correspondence andcommunication from potential Proposers shall be directed to the Buyer

2. City: The City of Dallas, Texas, a municipal corporation of Dallas County, Texas, acting byand through (a) its governing body, or (b) its City Manager each of whom is required by law toperform specific duties. Responsibility for final enforcement of contracts involving the City ofDallas is by authority vested in the City Manager.

3. City Attorney: The City Attorney of the City or duly authorized assistants or agents.

4. City Controller: The City Controller of the City or duly authorized assistants or agents.

5. City Council: The governing body of the City.

6. City Manager: The City Manager of the City or duly authorized assistants or agents.

7. City Secretary: The City Secretary of the City or duly authorized assistants or agents.

8. Contract: The written agreement covering the performance of the Operational Managementspecifications. The Contract includes all specifications, the proposal and any supplementalchanges or agreements pertaining to the Operational Management Specifications. TheContract shall be administered through the City of Dallas, Park and Recreation Department.

9. Director: The Director of the Park and Recreation Department or duly authorized assistantsor designee(s).

10. EFAC: Elm Fork Athletic Complex

11. Elm Fork Athletic Complex: State of the art athletic complex to be developed on a 138-acresite located near the intersection of I-35 and Walnut Hill Lane in northwest Dallas. This willbe the premier soccer complex in Dallas County and the signature tournament complex in theDallas park system.

12. Facility: Elm Fork Athletic Complex13. Operation and Management Specifications (Specifications): The directions, provisions,

and requirements contained herein pertaining to overall management of the Facility.

14. Operator: The person, persons, partnership, company, firm, association, corporation, and itssub-contractors acting directly or through an authorized representative submitting a proposaland entering into a Contract for the services specified in the Operational ManagementSpecifications.

15. Proposal: The written statement or statements duly submitted to the City of Dallas BusinessDevelopment & Procurement Services Department by the person, persons, partnership,company, firm, association, or corporation proposing to perform as specified in theOperational Management Specifications.

16. Proposer: Any person, persons, partnership, company, firm, association, corporation andtheir sub-contractors acting directly or through a duly authorized representative submitting aProposal response to the Operational Management Specifications.

17. Sub-contractor: Any firm with which the Operator has a direct or indirect relationship in orderto meet any or all of the Specifications or fulfill the terms of the Contract.

18. Sureties: The corporate bodies which are bound by such bonds as are required of theOperator. The Sureties engaged to be responsible for the entire and satisfactory fulfillment ofthe Contract and for any or all requirements as set out in the Specifications or Contract.


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Section 1 - General Information

1. Project Scope and Overview of the Elm Form Athletic Complex

It is the intention of the Dallas Park and Recreation Department to develop a state-of-the-

art athletic complex on a 138-acre site located near the intersection of I-35 and WalnutHill Lane in northwest Dallas. This will be one of the premier soccer complexes in theDallas area and the signature tournament complex in the Dallas park system.

A master plan for the Elm Fork Athletic Complex (EFAC) was completed in 2007 andadopted by the Dallas Park and Recreation Board. The Master Plan consists of thefollowing components:

20 soccer fields one lighted championship field, 14 lighted international-playfields and 5 unlighted youth practice fields Central concession and toilet facility concessions and storage, restrooms, ticketbooth, referee rooms, office and conference room and a first-aid room 3 satellite pavilions restrooms and vending areas, covered picnic areas and

landscaped plazas Paved drives with permeable parking areas Irrigation pond with storage capacity of approximately 12,000,000 gallons Irrigation System: booster pumps and an in-line fertigation injection system Bio-retention boxes and natural storm water collecting cells Lighted loop trail and connecting walkways, and benches and trash receptacles Nature area with trails Playground Site utilities Sports field lighting: Musco Green system, allowing for remote access and off-sitemonitoring; all other site lighting will be LED with a pre-programmable dimmingprocess for after hours, security, and energy conservation Landscaping: Extensive native landscaping with perennials, shrubs, grasses andtrees throughout the site Approximately 7,000 linear feet of perimeter welded-wire security fencing withvehicle and pedestrian gates Maintenance facility

To date, the City has allocated approximately $31.4 million in funding for land acquisitionand development of EFAC. Phase 1 construction of this complex is currently underconstruction and consists of 19 soccer fields, three satellite restroom/vending pavilions,parking and drives, loop trail, site utilities, irrigation, landscaping and fencing. Thecurrent schedule projections are that the Phase 1 will be ready for play in the fall of 2012.It is anticipated that the components of the master plan that are not built in Phase 1 willbe funded in the proposed 2012 Bond Program. These components are projected to becompleted in 2014. Please see Attachment B for a map of the complex. Components to

be built in Phase 1 are highlighted in green.

2. Goals for the Operation and Management of the Elm ForkAthletic Complex (EFAC)

The City of Dallas seeks a qualified Operator that will work with the City to manage andoperate EFAC as a premier soccer venue that primarily serves Dallas youth and citizensand to market the facility for regional, national and international tournaments notexclusively for soccer, but for other sports as well, including rugby, lacrosse, field hockey,


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cricket and archery. A sampling of the events and tournaments associated with soccer, forwhich the complex will be an ideal site, include:

Dallas Cup

DMSSL Cinco de Mayo Cup

DMSSL Labor Day Tournament

USYS Youth National Championships

Thanksgiving Invitational Tournament Adidas Showcase Tournament

USYS ODP National Championships

USASA Region III National Cup

North American Memorial Day Cup

USASA National Cup

USYS Region III Championships

Kyle Owen memorial Tournament

USASA Veterans Cup

NTSSA State Cup

3. Restrictions Maintaining Tax-Exempt Status for Bonds Issuedfor EFACThe EFAC has been financed in part with tax-exempt bonds. The federal income tax lawrestricts the use of EFAC by any person other than a state or local government entity.Accordingly, the terms of any agreement with the Operator will be restricted by federalincome tax law.

Federal income tax law permits EFAC to be managed by the Operator if the managementagreement is structured to comply with the guidelines under Revenue Procedure 97-13(Qualifying Management Agreement). These guidelines include limitations on the termand the type of compensation paid (e.g., periodic fixed fee per month) under thequalifying management agreement. The City welcomes any proposals that may be

structured to comply with these guidelines.

In addition, the City may be able to employ alternative solutions with the management ofEFAC. The City welcomes creative structuring alternatives in submitted proposals.

Section 2 - Specifications for Operational Managementof EFAC

1. General ScopeThe City shall award a Contract for the management and operation of EFAC for a period

of 5 years with two 5-year renewal options.

The City will only consider proposals that provide for the continued management andoperation of EFAC primarily as a soccer and athletic facility in furtherance of the goals ofthe City as outlined in the previous section. The Contract shall become effective and on-site management services shall begin thirty days after Contract execution.Responsibilities include daily operational management to include staffing, scheduling,grounds maintenance, necessary support for events, cleaning, access control and lossprevention, food service, and the maintenance of all building and grounds components toinclude but not be limited to structure, fixtures, utilities, irrigation systems, and equipment.


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2. Facility ActivitiesA. Service Standard: As a City sports venue constantly in the public eye, every aspect

of operation for the Facility shall produce and maintain exemplary service standards.Each employee and contracted employee is expected to contribute to an efficient,responsive, positive and safe environment for public enjoyment.

B. Marketing: Progressive marketing strategies, including the marketing and selling ofsponsorships and naming rights shall be developed to promote the use of the Facilityas a premier venue for local, regional, national and international tournaments insoccer, as well as other sports. Additionally, the City is interested in the Operatorsexperience and capabilities in marketing national and international soccer matchesfor play in the Cotton Bowl stadium at Fair Park.

3. Facility Management and OperationsA. Purpose: The Operator shall operate, manage and maintain EFAC as a premier

venue for local, regional, national and international athletic events and competitions.

B. Resources: The Operator shall provide necessary labor, equipment and resources tosuccessfully execute all aspects of the events that take place at the Facility.

C. Ticketing Service: The Operator shall provide ticketing services for events that takeplace at the Facility.

D. Staffing: The Operator shall provide parking lot attendants, ticket takers, securityguards, sworn peace officers, porters, food concession staff, officiating staff, fieldmaintenance staff, building maintenance staff, and other personnel necessary for theoperation and maintenance of the Facility.

E. Cleanliness: The Operator shall provide all housekeeping, janitorial, andtrash/refuse disposal services necessary for the operation of the Facility.

F. Maintenance and Repair: The Operator shall maintain the Facility in good repair,

including all athletic fields and associated equipment and systems, buildingequipment and systems, electrical, mechanical, plumbing, heating/air conditioningsystems, gates and doors, light fixtures and bulbs, security equipment, etc. TheOperator shall perform routine repair and maintenance of facility structures,scoreboards, interior and exterior lighting, irrigation systems, termites and pestextermination, exterior grounds and all public and common areas of the Facility tokeep them in a neat, safe, clean, operational, sanitary and attractive condition. TheOperator will be required to provide a maintenance facility for the storage ofmaintenance equipment, vehicles and supplies.

G. Utilities: The Operator shall pay the cost of all utility services and initial connectioncharges, including but not limited to water, gas and electricity used in connection withor chargeable against the Facility for the duration of the term of the contract. TheOperator shall be responsible for the installation, maintenance and expense of asecurity system and its own telephone services serving the Facility.

H. Policies: The Operator shall develop proposed operating policies, procedures andrental rates for the facility to be approved by the City. The Operator shall submit anychanges to operating policies, procedures and rental rates for prior approval of theDirector; such approval will not be unreasonably withheld. The City reserves the rightto approve all rates.


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I. Operating Account: The Operator shall deposit all funds generated from theoperation of the facilities in a special bank account with a federally insuredcommercial bank or savings & loan institution that is located within the City limits ofDallas, Dallas County, Texas. This bank account and the balance of funds shall beused solely for purposes of making payments for costs required to perform thisContract.

J. Annual Operating Budget: The Operator shall submit annual operating budgets forthe upcoming fiscal year to the Director for review, at a date to be determined eachyear by the Director. Such budgets shall include detailed information regardingestimated income to be received from all sources and a clearly detailed budget ofexpenditures. The Operator shall pay for operational costs of the facilities throughrevenue generated there-from. The Operator shall have the obligation to pay allcharges for water, electricity, gas and sewer service used in the Facility and allcharges for telecommunication services. The City shall in no event be liable to pay forany interruption for failure of such utilities and service.

K. Business Inclusion and Development (BID) Plan: The Operator shall abide by theCity's Business Inclusion and Development Plan (BID), formerly known as the GoodFaith Effort Plan, for the utilization of certified minority and women-owned businessenterprises.

L. Use: The Facility shall be used by the Operator solely for the conduct of thedescribed Specifications unless otherwise approved by the Director.

4. InsuranceOperator will be required to purchase and maintain, during the term of the contract,insurance as described in Attachment 1 and agree to the indemnification statementtherein.

5. Observance of Laws, Rules and RegulationsThe Operator shall at all times comply with all applicable laws, rules, regulations andorders of the Federal Government, State of Texas, Dallas County and the City of Dallas.The Operator shall also abide by all rules, regulations and directives prescribed for EFACby the City.

6. Permits, Licenses and TaxesThe Operator shall comply with all requirements of federal, state, county and local lawsand regulations pertinent to or affecting any phase of the security and fire protectionservices. The Operator shall at its own expense procure and keep in force during theentire period of the Contract all permits and licenses required by such laws andregulations. All permits should be available for inspection by the Director at all times.

7. Fire Protection and Prevention1. Fire Code: The Operator shall comply with all fire protection measures prescribed in the

City Fire Code, a copy of which is on file in the office of Fire Prevention Education andInspection 2014 Main Room 401, Ph. 670-4319. All solvents and compounds shall beproducts which are free of spontaneous heating tendency. Listing of these products asfree of this tendency by qualified nationally recognized testing organizations shall beconsidered as meeting these requirements. All products stored on City property shall belabeled with Hazardous Warning Data labels as required by the Federal and State ofTexas Hazardous Waste Regulations. All electrical appliances, cords and extension cordsshall bear the UL approved tags.


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2. Combustible Materials: The Operator shall not store combustible supplies, including butnot limited to rags and paper, near possible sources of ignition, such as, but not limited tosteam pipes and high wattage lamps. The Operator shall consider contaminated buckets,mops, cloths, and brushes as potentially subject to spontaneous heating and shall notstore such items in buildings. The Operator shall store used wiping cloths in coveredmetal containers.

8. Protection and Damage1. Operator Responsibility: The Operator shall, without additional expense to the City, be

responsible for all damage to persons or property that occurs as a result of the Operator'sor any or all Sub-contractor's fault or negligence in connection with the execution of thework, and shall be responsible for the proper care and protection of work performed.Breakage or loss of equipment or property other than that owned by the Operator thatmay occur in or about the Facility as a result of the Operator's actions or of the actions ofthe Operator's Sub-contractors, shall be repaired or replaced at the Operator's expense.

2. Safety: The Operator shall take all precautions necessary for the protection against injuryof all persons engaged at the site in the performance of the work. The Operator shallobserve all pertinent safety practices and comply with applicable safety regulations.

3. Keys: It shall be the Operator's responsibility to provide the Director on an annual basisor within 2 business days of the Director making such request a list of the names ofpersons who have been issued keys to the Facility, or parts of the Facility. In the event akey is lost or misplaced it shall be the responsibility of the Operator to replace the locksthe lost key(s) opened at the Operator's expense.

9. Other Contracts1. City Agreements: The Operator shall agree to honor any pre-existing Use Agreement in

which the City of Dallas has entered into.

2. Other: The City may undertake or award other construction contracts for additional workat the Facility. The Operator shall fully cooperate with such other contractors and Cityemployees. The Operator shall not commit or permit any act which shall interfere withthe performance of work by any other contractor, or by City employees.

10. Alterations and ImprovementsA. Right to Improve: During the term of the Contract and with the approval of the City,

the Operator may without cost to the City have the right to remodel, renovate andrefurbish the premises, or to construct new facilities, including either a temporary orpermanent maintenance facility. To the extent reasonably necessary or desirable forthe Operator to use and manage the Facility, the Operator may erect or install withinthe Facility alterations, additions, or equipment that do not alter the aesthetic orstructural integrity or basic configuration of the Facility. In doing so, the Operatorshall comply with all applicable governmental laws, statues, ordinances, codes, andregulations regarding structures.

B. Prior Approval: The Operator shall provide and submit plans and specifications forany and all alterations, additions, remodeling, renovation, or refurbishment to theDirector for prior review and written approval. Prior to commencing any alterations,additions, remodeling, renovation or refurbishments of or to the Facility, the Operatorshall provide the City with proof of insurance satisfactory to the City. Operator shallalso provide the City with proof of insurance satisfactory to the City for all Sub-contractors of the Operator. The Operator shall also provide the City with proofsatisfactory to the City that the Operator has funds available sufficient to completeany such work, including reasonable contingency reserves. All improvements to the


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facility made by the Operator will be at the Operators expense, in a good andworkmanlike manner, in compliance with applicable building codes, and free andclear of any liens and encumbrances. All improvements to the facility or any partthereof will become part of the facility and shall remain upon and surrendered withthe premises as a part thereof at the end of the contract term without disturbance,molestation or injury.

C. Business Inclusion and Development Plan: The Operator and its engineers,construction manager, contractors and subcontractors will make the required goodfaith effort to hire and contract with certified minority and women-owned businessenterprises, in compliance with the Citys Business Inclusion and Development (BID)Plan.

D. Failure of Systems: In the event of structural or mechanical failure of an essentialFacility component or system, or the need to modify or replace an essential Facilitycomponent as a result of a requirement imposed by any government, the Operatorshall be solely responsible for the costs of completing the necessary repairs and/ormodifications.

E. City Rights to Improve: The City reserves the right to repair, replace or modify any

component or system of the Facility at its sole discretion, subject to appropriation andrequired City approvals.

11. Property1. Ownership: All property furnished by the City under the Contract shall remain the

property of the City. Maintenance, repair, alteration, addition and replacement of allstructures, equipment and furnishings supplied by the City or Operator during theContract shall be at the expense of the Operator. Upon termination of the Contract, theOperator shall render an accounting of all such property which has come into itspossession under the Contract. Any property contained within the facility that is lost ordamaged, resulting from improper use or negligence by Operator personnel, shall bereplaced at the sole expense of the Operator. All alterations, additions and replacementsof structures, equipment and furnishings shall be approved by the Director.

2. Loss or Damage: The City shall not be responsible for any goods, merchandise orequipment stored at the facility, nor shall it be responsible for loss or damage resultingfrom a power failure, flood, fire, explosion, theft, accident and/or any other cause.

3. Use: The Facility and all City property shall be used only official performance of thisContract.

12. Access to the Facility1. City Access: The City and its authorized officers, employees, agents, contractors,

subcontractors and other representatives shall have the right (at such times as may bereasonable under the circumstances and with as little interruption of the Operator'soperations as is reasonably practicable) to enter upon and in the premises for the

following purposes:

1. Inspection: To inspect such premises to determine whether the Operator hascomplied and is complying with the terms and conditions of the Contract.

2. Access: To gain access to the mechanical, electrical, utility and structural systems ofthe Facility for the purpose of maintaining, repairing or modifying such systems.


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3. Loss Control: The Operator will allow City Property insurer's loss control engineersaccess to premises for inspections and will comply with their recommendations.

13. LiensThe Operator recognizes and understands that no liens may be secured against publicproperty as a matter of law, and agrees to keep the premises and all fixtures andpurchased property located thereon free from any and all claims or purported liens arisingout of any work performed, materials furnished, or obligations incurred by the Operator,its on-site management, employees, and subcontractors, and shall reimburse the City forany attorney's fees incurred in the defense of proceedings to enforce or foreclose suchliens including actions brought by the City to remove any such unlawful liens.

14. Labor Force1. Staffing Levels: The work required shall be performed at the quality standardslevel, or higher than that outlined herein. If in the conduct of the work, it is determinedthat the Operator has not provided for sufficient personnel, additional work force shallbe engaged by the Operator, at no cost to the City, to provide the quality of workoutlined in the specifications and as required by the City. This level of work force shallbe provided at all times, regardless of vacations, sick leave, or other causes.

2. Staff Quality: The Operator shall employ only such managers, superintendents,supervisors, and workers who are careful, competent and fully qualified to performthe duties of tasks assigned to them and shall secure the summary dismissal of anyperson or persons employed by the Operator or its Sub-contractors on or about thework site who shall misconduct him/herself or be incompetent, disrespectful,intemperate, dishonest, or otherwise objectionable or neglectful in the properperformance of his/her duties or who neglects or refuses to comply with or carry outthe directions of the Operator. Operator agrees that all Operator or Sub-contractoremployees shall submit to, and pass a police background investigation and/or apolygraph examination upon request.

3. Supervision by Operator:

(1) All supervisory and working supervisory personnel shall understand andspeak English fluently, able to understand instructions and communicate tothose being supervised the nature of the job and what is to be accomplished.

(2) When the work of the Contract is being carried out, the Operator or anauthorized competent representative shall be present on the work site at alltimes, or as otherwise specified by individual locations within thesespecifications.

(3) The personnel employed by the Operator shall be capable employees,qualified in such work. At all times, the Operator shall staff the Facility withtrained and experienced personnel.

(4) A fully qualified work force shall be on board at the inception of the Contractand shall be maintained throughout the term of the contract. All personnelshall receive close and continuing first line supervision by the Operator.

(5) All Operator and Sub-contractor employees shall be at least16 years of age.

(6) Each employee shall be a citizen of the United States of America, or an alienwho has been lawfully admitted for permanent residence, as evidenced byAlien Registration Receipt card or who presents other evidence from the


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Immigration and Naturalization Service that employment shall not affect hisimmigration status. Acceptable evidence shall consist of a birth certificate orappropriate naturalization papers.

(7) The Operator shall ensure that all employees assigned are in good generalhealth, without physical defects or abnormalities which would interfere withthe performance of duties. They shall be free from any communicable

disease.

15. Wage RatesOperator agrees to pay not less than the minimum wage rates established by law.

16. Complaints and Non-PerformanceThe Operator shall develop a system for resolving and recording complaints, andrecording the corrective action taken. The Operator shall make readily available toFacility users information on the procedure for reporting complaints.

17. Reports, Audits, and ReviewA. Reports: The Operator shall submit a monthly report to the City in the form provided

by the Director. Such reports shall include an accounting of the services provided,events held at the facility, attendance, services provided by Operator and Sub-contractors, and revenue/expense statements for all revenue and expense streams.

B. Independent Audit: An audit for the most recently completed fiscal year shall besubmitted annually as soon as the audit is completed but no later than 6 months afterthe completion of Citys fiscal year on September 30. The audit of financialstatements shall be conducted by a certified professional accountant in accordancewith generally accepted accounting principles; reviews or compilations are notacceptable substitutions for the audited financial statements.

C. Audit and Review: City may review any and all of the services performed byOperator under this Contract. City is granted the right to audit, at Citys election, all

of Operators records and billings relating to the performance of this Contract.Operator agrees to retain such records for a minimum of three (3) years followingcompletion of this Contract. Any payment, settlement, satisfaction, or release madeor provided during the course of performance of this Contract shall be subject toCitys rights as may be disclosed by an audit under this section.

Section 3 - Proposal Process

1. Specification Review and ClarificationA. A Pre-Proposal Conference will be held at the date, time and location stated on the

RFP Signature Page, or as updated by addendum. Attendance is stronglyencouraged. This conference is a scheduled time for proposers to ask questionspertaining to the proposal. Proposers are encouraged to attend the pre-proposalconference to provide input and comments regarding the specifications. All questionsmust be submitted to the Buyer in writing no later than seven working days prior tothe proposal due date. Please contact the Buyer, Sandy Baxter [email protected] or 214 670-3446 with any questions.
mailto:[email protected]:[email protected]


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B. Any adjustments to the Specifications shall be posted as an addendum on theAdvantage Vendor Self Service Website,www.bids.dallascityhall.org , for prospectiveProposers.

C. No other informational meetings shall be held. In fairness to all potential Proposers,only the Buyer may discuss the terms of this solicitation.

2. Proposal SubmissionA. Sealed proposals are to be submitted by the Proposers responding to the Operational

Management Specifications no later than 2:00 p.m. on the due date specified on theRFP Signature Page. Proposals shall be delivered by mail or in person to theBusiness Development and Procurement Services office at Dallas City Hall, 1500Marilla St, Room 3FN, Dallas, TX 75201.

B. It may be necessary for the City to request supplemental information from individualrespondents after proposals have been submitted and reviewed. Such information willbe requested in writing by the Buyer to the specific respondent and will be used by theCity in evaluating the proposal. This information will not be shared with otherrespondents during the evaluation and award process.

3. Required DocumentationDocuments that shall be submitted as part of the proposal process include:

A. Evidence of Qualifications: To provide information with regard to these minimumqualifications, the following shall be submitted with the proposal:

(1) A cover page that indicates the following information:

a) Proposers entity name and mailing address

b) Proposers current legal status (corporation, partnership, soleproprietor, etc.)

c) Federal ID number or social security number

d) Primary Contact Person and Alternate Contact Persons name, title,phone number, fax number and email address

e) Signature of authorized corporate officer for each entity proposingindividually or as a partnership or team

(2) A one-page Statement of Interest that briefly describes the Proposersunique qualifications as they pertain to this particular project.

(3) A Narrative Summary of not more than four (4) pages in length that

includes the nature and structure of the proposed management and operationagreement and how the proposal addresses each of the goals. This narrativesummary shall include details regarding the Proposers plan for maintenance,management, operations and marketing of the Facility.

(4) A one-page Statement of Qualifications to include summary of relevantbackground and experience in managing, operating and marketing comparablefacilities. Certification of the ability to begin full operations upon award ofContract.
http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/


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(5) A proposed organizational chart, job descriptions and the qualifyingexperience required for each position. Additionally, bios and resumes of keypersonnel who would manage the facility should be included. This section ofthe proposal shall not exceed five (5) pages.

(6) A one (1) to two (2) page description of Proposers office, location,permanent staff size, and any additional material that would support the

Proposers ability to perform the demands of a Contract.

(7) A preliminary Operating Pro Forma showing the methodology formaintenance and operations of the Facility. This section of the proposal shallnot exceed three (3) pages.

(8) A preliminary rental and use fee schedule that includes rates for differenttypes of events. This section of the proposal shall not exceed two (2) pages.

(9) A ticket sales plan that addresses both rentals and Proposers ownevents (if the Proposer generates its own events). Any ticket surcharge that isplanned to be charged shall be outlined in the plan. This section of theproposal shall not exceed two (2) pages.

(10) A Facility Utilization and Marketing Plan for maximizing overall usage ofthe Facility, giving particular emphasis to marketing sponsorship and namingrights and marketing the Facility as a premier venue for local, regional, nationaland international athletic events and competitions. Additionally, a marketingplan that would bring national and international soccer matches to the CottonBowl stadium at Fair Park. This section of the proposal shall not exceed three(3) pages.

(11) A financial statement, including the Proposers assets and liabilities at theclose of the most recent accounting period. Said statement is to be certified bya certified public accountant. In addition, the Proposer shall submit financialstatements for each of three years preceding the most current statement.

(12) Proposed annual operating budgets for the periods January 1, 2013through December 31, 2013, and January 1, 2014 through December 31,2014. Each budget shall show a detailed breakdown of both anticipatedexpenses and revenues, to include any proposed management fee to be paidto the City or a plan for shared revenues, concession fees, etc.

(13) Listing of key tasks to be completed by Proposer upon signing ofContract and prior to assuming on-site management responsibility for theFacility. Include proposed timeline and estimated costs.

(14) Description of plan to address anticipated uses for the Facility forFY12/13 and beyond.

(15) Background materials such as letters of support and informationpertaining to Proposers qualifications, facility management, operation andmarketing experience. This section of the proposal shall not exceed five (5)pages.

(16) A manual of proposed operational procedures or a sample manual ofoperating procedures for a facility currently under the management of theProposer.


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(17) A descriptive list of items of equipment and furnishings, including coststhat the Proposer proposes to provide in compliance with these Specifications.

(18) A list of no less than four (4) clients, with names and phone numbers ofcontacts, that can attest to the Proposers capacity to provide the servicesrequested in this Proposal. Ideally, the references shall include clients to whomwhich the Proposer has provided operational management services within the

past three (3) years.

B. Other Documents:

1. Conflict of Interest form

2. Business Information Form

3. Environmental Affidavit

4. BID Affidavit (BDPS-FRM-203) *

5. Ethnic Workforce Composition Report (BDPS-FRM-204) *

6. Affidavit History of M/WBE Utilization Form (BDPS-FRM-205) *

7. Affidavit Type of Work by Prime and Sub-consultant (BDPS-FRM-206) *

* Forms 203, 204, 205 and 206 will be scored: see Section 4.3

C. If the Proposer has any concerns regarding its ability or willingness to meet with anyterms and conditions expressed in this RFP or in the attached sample contract,please include a statement that addresses the particular terms and any alternativelanguage preferred by the Proposer.

D. The City Council, City Manager, City Attorney, and Director may require such otherinformation as deemed necessary to ascertain the qualifications of the Proposer.

4. Format for ProposalEach Proposal shall be contained in one (1) three-ring binder with a maximum size of two(2) inches in diameter.

A cover letter and table of contents should be provided on the front of the binder Binder cover shall identify the name of the respondent and the name of the project for

which the Proposal is submitted (Operational Management of the Elm Fork AthleticComplex, RFP BLZ1201)

Separate and identify each response to Section 3-A (1-18), Section 3-B, Section 3-C,and BID Plan documents, using divider sheets with an integral tab for readyreference.

Use vertical format on 8 x 11 paper, double-sided if possible Number all the pages consecutively


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Submit original, marked original and eight (8) identical copies of each Proposal.

5. Oral PresentationsIf deemed necessary, the City may, after the initial proposal evaluations, schedule oralpresentations with any or all Proposers.

6. Disqualification of ProposerProposer may be disqualified for any of the following reasons:

A. Reason to believe collusion exists among the Proposers

B. The Proposer is involved in litigation against the City

C. The Proposer is in arrears on an existing Contract or has failed to perform on aprevious Contract with the City

D. Failure to complete RFP forms as requested

E. Failure to meet Specifications

F. The decision of the City as to the acceptability of the qualifications of the Proposershall be final.

7. Due DateSealed proposals are to be received at the Business Development and ProcurementServices office at Dallas City Hall, 1500 Marilla St., Room 3FN, Dallas, TX 75201 by thetime and date identified on the RFP Signature Page, or as updated by addendum.

Follow the instructions in the official advertisement and City of Dallas website,www.bids.dallascityhall.org , from which the RFP Packet is downloaded from forinstructions to address any questions you may have concerning the RFP.

8. Public InformationAll information, documentation, and other materials submitted in response to this RFP areconsidered non-confidential and/or non-proprietary and are subject to public disclosureunder the Texas Public Information Act after the solicitation is completed and contactexecuted with the selected Proposer.

Section 4 - Selection Process

1. Request for Proposals

This RFP shall serve to select a new Operator for the Elm Fork Athletic Complex. TheRFP provides information necessary to prepare and submit a proposal for considerationand ranking by the City of Dallas. Based on the evaluation criteria established for thisproposal, each properly submitted proposal will be reviewed, evaluated and ranked bythe City. Based on this ranking, the City will select one firm to contract as the newoperator for the Elm Fork Athletic Complex.

Acceptance of Evaluation Methodology: By submitting its proposal in response to thisRFP, proposer accepts the evaluation process as outlined in this RFP and acknowledges
http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/


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and accepts that determination of the most qualified firm offering the best value to theCity may require subjective judgments by those evaluating the proposals.

2. Selection Process Estimated Schedule

Advertisement of RFP October 27, 2011

Pre Proposal Meeting November 10, 2011

Request for Proposals Due December 1., 2011

Oral Presentations (if necessary) December 2011

City Council authorization of contract February, 2012

Elm Fork Athletic Complex, Phase 1 ready for play Fall, 2012

3. Criteria for Review and Evaluation

The following criteria shall be used to evaluate and determine the ranking for theproposals:

A. Proposers Experience and Qualifications (Max 35 points):

(1) Demonstrated knowledge and ability to successfully maintain, manage andoperate facilities of comparable nature;

(2) Knowledge of the sporting events industry, including marketing, sellingsponsorship and naming rights, booking, scheduling, ticketing and eventplanning;

(3) Experience working with the Dallas Convention & Visitors Bureau Office of

Sports Marketing to market, attract, promote and stage regional and nationaltournaments for soccer, rugby, lacrosse, field hockey, archery and other sports.

(4) Experience marketing, promoting and staging national and international soccermatches at stadium venues with a seating capacity in excess of 20,000;

(5) Organizational structure and qualifications of key individuals.

B. Proposers plan for the management and operations of EFAC (Max 35 points):

(1) The proposed plan for the management and operations of the Facility and howit works toward achieving the Citys goals for the long-term management andoperations of EFAC;

(2) Value of the Proposers financial contribution to the project, both short andlong-term;

(3) Sound fiscal plan for current and future management, operation andmaintenance of the facility;

(4) Strategy to maximize the use of the Facility and emphasize its attractivenessas a premier venue for high-profile sporting events.


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C. Proposers plan for revenue-sharing with the City. (Max 15 points).

D. Demonstrated inclusion and commitment to and understanding of the CitysBusiness Inclusion and Development (BID) Plan (Max 15 points)

It is the policy of the City of Dallas to involve Minority and Women BusinessEnterprises (M/WBE) to the greatest extent feasible on the Citys construction,

procurement and professional services contracts.

The following information shall be submitted with the proposal and shall include:

(1) Affirmative Action Plan or Policy 1 point

(2) Ethnic Workforce Composition Report (BDPS-FRM-204) 1 point

(3) RFP/RFQ Contractors Affidavit History of M/WBE Utilization Form (BDPS-FRM-205) documenting the history of M/WBE utilization on previous contracts

4 points

(4) RFP/RFQ Contractors Affidavit Type of Work by Prime and Sub-consultant

Form (BDPS-FRM-206) which includes a significant number of diverse M/WBEfirms in meaningful roles on the project 7 points

a) The name, address and telephone number of each M/WBE

b) The description of the work to be performed by each M/WBE; and

c) The approximate dollar amount/percentage of the participation

(5) Business Inclusion and Development Affidavit (BDPS-FRM-203) whichdemonstrates the intent to comply with the policy and evidence of M/WBEinclusion to meet the BID goal for the project. The BID Affidavit exhibitsevidence of acknowledgement of the City of Dallas BID Plan 2 points

4. Evaluation of ProposalsThe City will evaluate the proposals and submit a recommendation to the Park Board andCity Council for approval. The City may, in its sole discretion, expand or reduce thecriteria upon which it bases its final decision regarding the selection of an Operator. Thefinal selection, if any, will be the proposal which best meets the requirements set by theCity.

5. Contract AwardUpon selection of a successful Proposer, the City and the Proposer will negotiate a finalcontract, based on the terms outlined in this RFP. A sample agreement, with the generalterms for the final contract, is attached as Sample Contract for Services. By submitting a

proposal, the Proposer agrees to be bound by these terms and conditions unlessotherwise noted in the Submittal. The final contract is subject to Park Board and CityCouncil approval.


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Section 5 - Contract

1. Award of ContractA. The City intends to award this Contract in its entirety to the Proposer determined to

be most responsive and responsible.

B. The City of Dallas reserves the right to reject any and all proposals and to waive anyand all irregularities and formalities where it is in the best interest of the City and theFacility. The submission of a proposal not in keeping with the City's goals and whichcould adversely affect the City of Dallas' public image shall not be accepted. The Cityreserves the right to withhold the award of the Contract for a reasonable period oftime and no award shall be made until investigations are completed as to thecapabilities of Proposers.

C. The Contract Documents shall be drafted by the City Attorney's Office and tailored forthis overall operational agreement. The Operator shall be required to execute theContract, and provide all documents required within thirty (30) days after award of theContract by City Council. The Contract shall be governed by and construed inaccordance with the Charter and ordinances of the City, as amended, and all

applicable State and Federal Laws. The obligations of the parties to the Contractshall be performable in the City of Dallas, Dallas County, Texas, and if legal action isnecessary in connection therewith, exclusive venue shall lie in Dallas County, Texas.

D. The City's Contract shall be with the successful Proposer only, and shall not includeany third party arrangement.

E. In the event that the successful Proposer does not fulfill the immediate obligations ofthe Contract (acquisition of proper insurance, etc) within thirty (30) days followingcontract execution, the award of the Contract may then be made to the next mostadvantageous responsive and responsible Proposer, or the City of Dallas may, as itsexclusive option, decide to request for new proposals. Should the City be forced totake such action, the check submitted as part of the proposal shall be forfeited as

liquidated damages, it being agreed that from the nature of the case it would beimpractical and/or extremely difficult to fix the actual damages.

2. Assignment of Contract1. No Assignment: The Operator shall not assign, transfer, sublet, convey or otherwise

dispose of the Contract or any part therein or its right, title or interest therein or its powerto execute the same to any other persons, firm, partnership, company or corporationwithout the prior written consent of the Director. Should the Operator assign, transfer,sublet, convey or otherwise dispose of its right, title or interest or any part thereof inviolation of this section, the City, at its discretion, may cancel the Contract and all rights,title and interest of the Operator shall therein cease and terminate, and the Operator shallbe declared in default.

2. Sub-Contracting: The Operator may further sub-contract any portion of the Contract, butshall first obtain written approval from the Director. Any such Sub-contractors shall beprepared to meet the same guidelines and standards set forth in this specification. If anySub-contractor intends to use its own Sub-contractor(s), every effort shall be made to hireminority and women-owned firms, and the Sub-contractor shall specifically agree to makeall reasonable efforts to meet or exceed the City's BID goals for the utilization of suchfirms.


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3. IndemnityA. The Operator shall agree to defend, indemnify and hold the City, its officers; agents,

and employees harmless against any and all claims, lawsuits, judgments, costs, andexpenses for personal injury (including death), property damage or other harm forwhich recovery of damages is sought that may arise out of or be occasioned by theOperator's intentional or negligent breach of any of the terms or provisions of thiscontract, or by any other negligent or strictly liable act or omission of the Operator's,

its officers, agents, employees, tenants, or subcontractors, in the performance of thiscontract; except that the liability resulting from the sole negligence of the City, itsofficers, agents, or employees. In the event of joint and concurrent negligence of theCity and the Operator responsibility, if any, shall be apportioned comparatively inaccordance with the law of the State of Texas, without waiving any governmentalimmunity available to the City under Texas law and without waiving any defense ofthe parties under Texas law. The provisions of this paragraph are solely for thebenefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise, to any other person or entity.

B. Anything herein to the contrary notwithstanding, the City shall not be liable orresponsible for any failure to furnish the services set forth above occasioned by strikeor other work stoppage. Federal, State, or local government action, breakdown, or

failure of apparatus, equipment or machinery employed in supplying the saidservices, any temporary stoppage for the repair, improvement or enlargement thereofor any act or condition beyond its reasonable control.

4. Default1. Events of Default: The following events shall be deemed to be events of default by

Operator under this Contract:

1. Operator shall become insolvent, or shall make a transfer in fraud of creditors, orshall make an assignment for the benefit of creditors.

2. Operator attempts to assign the Contract without the prior written consent of theDirector; or

3. Operator shall fail to perform, keep or observe any term, provision or covenant of theContract to be performed, kept or observed.

2. If an event of default occurs, the Director shall give the Operator written notice of thedefault. If the default is not corrected to the satisfaction and approval of the Directorwithin thirty (30) days of receipt of such notice by the Operator, the City may immediatelyreplace the Operator. The City shall not pay any expense to the Operator resulting fromthis action.

3. At the direction of the Director, the Operator shall vacate the facilities and shall have noright to further operate under the Contract.

4. Within forty-eight (48) hours after such demand by the City, the Operator, under thesupervision of the Director, shall remove all equipment and supplies to which he isproperly entitled, as specified herein.

5. The Operator in accepting the Contract agrees that the City shall not be liable toprosecution for damages or lost anticipated profits in the event that the City cancels orterminates this Contract.


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6. The Operator shall not allow the distribution of campaign or political literature of any kindby any employee at any time at the Facility.

8. Conduct of WorkAny work which is unsatisfactory to the Director shall be called to the attention of theOperator and the Operator shall be required to properly service the areas in question bycommencement of work the following day, and to take steps to improve the overall resultsin the future. Failure by the Operator to comply with such requests shall result in thecorrective work being done by others with the cost charged to the Operator, anddeductions being imposed as stated in Complaints and Non-performance, or intermination of the Contract.

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