Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000875

 

MEETING DATE:

11/16/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources   (Approved)

Department contact person(s):

Dylan Wright (714) 480-2788 

 

 

Tom Starnes (949) 585-6432

 

 

Subject:  Approve Contract for Management Services for Summer Concert/Sunset Cinema Series

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $400,000

Annual Cost: FY 2022–23 $806,000
FY 2023–24 $818,090
FY 2024–25 $412,090

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: OC Parks Fund 405: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 10/20/2020 #3, 03/26/2019 #31, 01/23/2018 #30, 05/10/2016 #10

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA), Class 11 (Accessory Structures) and Class 23 (Normal Operations of Facilities for Public Gatherings) pursuant to CEQA Guidelines Sections 15311 and 15323.

 

2.

Authorize the County Procurement Officer or authorized Deputy to execute the contract with The ACE Agency, Inc. for Summer Concert and Sunset Cinema Series Management Services from January 1, 2022, through December 31, 2024, in an amount not to exceed $800,000, for the first year, to be contractually increased by 1.5 percent of the then-current annual management services fee, for a cumulative total contract amount of $2,436,180, for three years, with the option to renew for two additional one-year terms.

 

 

 

SUMMARY:

 

Approval of the contract with The ACE Agency, Inc. will facilitate delivery of the Summer Concert series, Sunset Cinema movie night series and other public events to support the promotion, use and enjoyment of OC Parks facilities.

 

 

BACKGROUND INFORMATION:

 

OC Community Resources/OC Parks (OCCR/OC Parks) offers a yearly summer concert series and movie night series for residents and visitors across the County of Orange (County) at various OC Parks facilities. These 10 free concerts and 14 free movie nights are highly successful, drawing park goers together to enjoy the performances in an outdoor, family-friendly venue.

 

OCCR/OC Parks utilizes the services of private contractors to provide Management Services (Services) for the annual Summer Concert and Sunset Cinema series (Series) at County parks. These Services include, but are not limited to: developing marketing, public relations and outreach plans; soliciting sponsorships; identifying and booking artists; providing equipment; and promoting and producing events. After an evaluation of internal resources, it was determined that it is more cost effective to utilize a contractor to provide these Services.

 

The ACE Agency, Inc. (ACE) had been contracted for Event Management Services by the County in prior years. On May 10, 2016, the Board of Supervisors (Board) approved Contract MA-012-16011855 for Event Management Services in an amount not to exceed $300,000. On January 23, 2018, the Board approved Amendment No. 2 to Contract MA-012-16011855 to renew Event Management Services in an amount not to exceed $400,000 to add the Sunset Cinema Series. On March 26, 2019, the Board approved Amendment No. 3 to Contract MA-012-16011855 to renew Event Management Services in an amount not to exceed $800,000 for the term of May 11, 2019, through December 31, 2020, to cover two consolidated event seasons. On October 20, 2020, the Board approved Amendment No. 4 to Contract MA-012-16011855 to renew Event Management Services in an amount not to exceed $400,000 for the term of January 1, 2021, through December 31, 2021. Prior to the expiration of the current contract, OCCR/OC Parks issued a Request for Proposals.

 

On July 1, 2021, a Request for Proposals was posted on Periscope Source (Periscope) for Services for the OC Parks’ Series and additional summer events. The Request for Proposals was posted until August 2, 2021, and notices were sent to all interested vendors via Periscope. A total of 30 interested vendors viewed the Request for Proposal package. Of those vendors, six downloaded the package and two proposals were submitted. Only one proposal, from The ACE Agency, Inc. (ACE) (the incumbent contractor), was received by the bid end date of August 2, 2021, and was found to be responsive. Another proposal was submitted after the bid end date of August 2, 2021, and was submitted outside of Periscope and therefore was deemed non-responsive. The Orange County Preference Policy (OCPP) was applicable and incorporated into this solicitation. The proposal submitted qualified for OCPP.

 

The proposal was evaluated by a five-member panel comprised of three OC Parks staff involved in strategic communications and event management, one OC Parks staff from operations management and one community services manager from a local municipality. The written proposal was rated based on the following predetermined criteria with an overall weight of 75 percent:

 

Approach and Understanding of Scope of Work

30%

Experience, Technical Expertise and Qualifications

30%

References

20%

Cost of Proposal

20%

 

 

The respondent was also rated during an oral interview based on the following predetermined criteria with an overall weight of 25 percent:

 

Qualifications/Experience/Technical Expertise

20%

Understanding/Features

30%

Implementation/Plan/Schedule

20%

Control of Cost

30%

 

The weighted scores for the contractor are summarized as follows:

 

Firm

Written (75%)

Oral (25%)

Total

ACE

57.0

19.0

76.0

 

ACE is a qualified Orange County firm with 12 years of experience related to the Services under the proposed contract. See Attachment A for Evaluator Score Summary. OCCR/OC Parks staff have conducted due diligence on the contractor. Reference checks were satisfactory and completed with Dana Point Harbor/Burnham-Ward Properties, Irvine Ranch Conservancy and Downtown Santa Monica, Inc.

 

The recommended Contract MA-012-22010424 (Contract) with ACE is for an initial term of three years, with two additional one-year renewal terms. If approved, Services will begin on January 1, 2022, continuing through December 31, 2024, in an amount not to exceed $800,000 annually for the first year, to be contractually increased by 1.5 percent of the then-current annual Services fee, for a cumulative total Contract amount of $2,436,180, for three years, with the option to renew for two one-year terms. Contract capacity also includes increased support for larger events and crowds including larger stage, higher level sound system and heightened safety measures including additional barricades. This not-to-exceed limit includes annual delivery of 10 Summer Concert events and 14 Sunset Cinema events and approximately $135,000, for additional events.

 

This Contract includes subcontractors. See Attachment C for information regarding subcontractors and Contract Summary Form.

 

Compliance with CEQA:

 

The proposed project is Categorically Exempt (Classes 11 and 23) from the provisions of CEQA pursuant to Sections 15311 and 15323 because it involves placement of seasonal or temporary use items such as sound, lighting, equipment and stage or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use and consist of normal operations of existing facilities for public gatherings for which the facilities were designed where there is a past history of the facility being used for the same or similar kind of purpose.

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Contract are included in Budget Control 405 FY 2021–22 Budget and will be included in the budgeting process for future years.

 

The proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated or modified without penalty to the County.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A — Evaluator Score Summary
Attachment B — Contract MA-012-22010424 with The ACE Agency, Inc.
Attachment C — Contract Summary Form