DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services ~L)
Audrey Denham, Director of Community Services
(858) 668-4584 or adenham@poway .org
CITY COUNCIL
Consultant Agreement with Webb Management for PCPA Operational Analysis and Fee Study, RFP 23-003
A request for proposals for an Operational Analysis and a Fee Study of the Poway Center for the Performing Arts (PCPA) was issued on August 8, 2022. Five proposals were received. Staff reviewed the proposals and is recommending award of the agreement to Webb Management Services, Inc. As this project is not included in the existing budget, an appropriation of $47,500 is required to award the agreement.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement with Webb Management Services, Inc., authorize the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the completion of the study.
Discussion:
The PCPA was established in 1990 as a municipal and educational facility for the presentation of performing arts, educational programming, and the display of fine arts. At workshops in 2019 and 2021, City Council reviewed information about PCPA operations and the costs of operation. During the first workshop, staff presented information about the evolution of the current PCPA operating model, the primary user groups and existing use agreements, and the budgetary challenges with maintaining the ongoing annual operating subsidy and funding upcoming capital projects including HVAC work, roofing, flooring, and seat replacement.
The second workshop focused on getting City Council direction on several critical decision points related to Use and Use Policy, Cost Recovery, Agreements with User Groups, Fundraising, and Best Practice Research. Council directed staff to perform the following tasks:
1. Conduct a feasibility study to determine the possibility of an endowment fundraising campaign 1 of 25
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that would help support PCPA operations and maintenance.
2. Renegotiate the 1990 Agreement with the Poway Unified School District to reflect current operations and needs.
3. Oversee a complete operational analysis and fee study to review all aspects of PCPA operations and recommend operational and fee changes to improve efficiency, decrease the operating subsidy, and generate additional revenue for the facility.
4. Request proposals for a professional mainstage presenter with an agreement that is more favorable to the City.
Items 1 and 2 have been completed. Following approval of the new PCPA Joint Use Agreement with PUSD the FY22-23 PCPA operating subsidy is estimated at $463,000. To address Item 3, the City issued a Request for Proposals on August 8, 2022. The selected consultant will review all aspects of PCPA operations including booking, ticketing, concessions, policies/procedures, and fee structure, and then recommend best practices or other operational changes to improve efficiency, decrease the operating subsidy, and generate additional revenue for the facility.
Five proposals were received by September 22, 2022:
Consultant Fee Fee Plus Estimated Expenses
Webb Management Services, Inc. $42,480 $47,500
Johnson Consulting $60,000 $67,500
Next Practice Partners, LLC $69,000 $79,350
AMS Planning & Research $76,600 $81,600
Victor Gatesman Performing Arts Planning $84,000 $94,000 After review of the proposals, three finalists were interviewed, and ultimately Webb Management Services, Inc., was selected. The selection was based on their extensive experience, which is focused on performing arts centers similar to the PCPA. Additionally, their proposal had the lowest cost and shortest timeline. If this item is approved, work on the study can begin in December and should be con:ipleted in the Spring of 2023.
Because this item was not included in the FY23 budget, an appropriation from the General Fund will be required to fund the study.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost to complete the PCPA Operational Analysis and Fee Study is $42,480 plus reimbursement for actual expenses (i.e., travel/lodging if determined to be necessary). Staff is recommending the City Council appropriate $47,500 from the General Fund's Unassigned Fund Balance to the Poway Center for the Performing Arts Division Budget - Other Contractual Services (204020-41200) for the study.
Sufficient funds are available for this request.
Public Notification:
None.
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Attachment:
A. Standard Agreement
Reviewed/Approved By:
We~aserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
November 15, 2022, Item #20
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 15th day of November, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and Webb Management Services, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform an Operational Analysis and a Fee Study of the Poway Center for the Performing Arts; WHEREAS, Consultant is a consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of25 ATTACHMENT A
November 15, 2022, Item #20
delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation .
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda , reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
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9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application , certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
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D 2. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing . Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession .
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 7 of 25
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15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence .
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
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(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
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20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
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Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY CONSULTANT
By:------------- By: ____________ _
Chris Hazeltine, City Manager Duncan Webb, President
Date: Date: ------------ ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:-------------
Alan Fenstermacher, City Attorney
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"SPECIAL PROVISIONS"
EXHIBIT
11 A
11 A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the Operational Analysis and Fee Study services further described in the Scope of Services submitted with the proposals dated September 19, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 19, 2022, which are included in this document as Attachment 2. Total fee is not to exceed $42,480. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses . All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing November 15, 2022, and ending November 14, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
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Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured . (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
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City of Poway
P.O. Box 789
Poway, CA 92074
Duncan Webb
Webb Management Services, Inc.
800 West End Ave, Suite 11A
New York, NY 10025
November 15, 2022, Item #20
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any November 15, 2022, Item #20
unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting . The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
November 15, 2022, Item #20
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013.ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015 .
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 25
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D. PROPOSED
METHODS
AND REPORT
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building creativity
Approach
Our approach to this assessment for the PCPA is based on key tenets of our work, which we have used with countless arts facilities, community and arts organizations, governments, and foundations in our work around North America.
Our approach is rooted in research and analysis. To us, a planning process must first consider the Center's current operations, including its mission, unique ownership/governance structure, financial performance and operating policy, and the environment in which it operates. This research will assess audience demand, Center and community goals , and competitive positioning. We will also benchmark key aspects of the Center's structure and operations relative to other organizations similar in size and scope.
We believe that collaboration is key to a successful planning process. Our work will be developed in close collaboration with your diverse key stakeholders . Our process is interactive, iterative, and progressive, such that by the time the planning is complete, you will have strong understanding and ownership of the assessment.
The only thing certain with plans for facilities is change. Our work for you will be flexible enough to encourage and accommodate new opportunities as they arise.
For example, financial assumptions and timelines will be delivered in spreadsheet formats so that your leadership can modify the model as and if factors change .
Scope of Services
Webb Mgmt has designed a flexible and responsive scope of services in response to the goals and delivery requirements outlined in the RFP. We have organized the work into a series of tasks, based on the RFP but with some adjustments based on our experience with similar projects .
To start, our team will organize and facilitate an in-person kick-off meeting (with a hybrid option) with City staff to confirm project goals, objectives, and expectations, and then confirm lines of communication, points of contact, level of involvement by local leaders, and other related project management details .
Task One - Assessment of Opera tions
The first task is a comprehensive review of PCPA operations based on the collection and review of key data and information, plus a set of interviews with PCPA, PUSD and City staff . The review will include the following:
A review of the project's history, including how and why it was developed and a review of initial partnership agreements.
A review of all programming and activity in the PCPA over the past seven years, considering types and levels of use and how community artists, arts organizations, arts educators, and other community groups have been served by PCPA.
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A review of operating policies and procedures, including rental rates and priorities, ticket pricing, food and beverage operations, safety and security, programming strategy, staffing and volunteer models, customer satisfaction research, user surveys, revenue generation and fundraising efforts.
A review of financial performance and capital expenditures over the past seven years, including levels of City subsidy and cash flow issues.
Task Two - The PCPA Value Proposition and City Goals
The second task is focused on an expansive set of interviews with additional City staff, elected officials, arts leaders and other stakeholders in order to understand how the PCPA is (or isn't) delivering value to the City, and what the City sees as the potential role and value that the PCPA should deliver in return for the financial support provided. Parameters for the interviews are as follows:
We will work with City staff to identify the right combination of elected officials, City leadership, City staff and user groups as identified by the City. City staff will help us determine individual, small group, or larger group formats for interviews depending on individual roles and relationships, which will inform the total number of interviews.
We will develop and review interview invitations and interview scripts in close consultation with City staff.
Interviews will focus on how the PCPA is delivering value to the City and community, and how that reality compares to the hopes and expectations of the City.
We will offer confidentiality to all interviewees but will record and deliver highlights of the interview findings to inform recommendations on PCPA governance and operations.
Task Three - The PCPA Market Opportunity
This third task is focused on identifying market opportunities for the PCPA, recognizing that the Center is operating in a competitive environment. This includes the following specific tasks:
We will map the distribution of current PCPA audiences for a range of different programs in order to understand and then define the market area for the Center.
We will then conduct a demographic and geo-demographic analysis of the defined market area, focusing on characteristics associated with arts participation and the how PCPA programming might respond to that market.
Finally, we will identify and describe competitive facilities and programs in the market and then develop a positioning strategy for the PCPA based on the competitive landscape and market analysis.
Task Four - Benchmarking and Best Practices
The fourth task is an extensive round of research on comparable performing arts facilities in Webb Mgmt · Proposa l
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similar cities intended to provide a benchmark for the evaluation of PCPA operations and to identify best practices that might be adopted by the PCPA.
Using the venues identified in the RFP as a starting place, we will establish a sizable cohort of facilities to include in the analysis, collecting and considering options with City staff. From that list we will select ten facilities for deeper study and analysis, to include variables identified in the RFP as well as operating considerations that emerge throughout the study :
Demographics of arts center /theatre location
Owner/ operator roles and responsibilities
Joint-use agreements and cost-sharing models
Event and patron statistics
Client management methods and use of technology
Fee structures and collection methods
Operating subsidies (amount subsidized , percentage of overall budget) Operating schedules including planned dark periods
Outside funding sources
Rental structures and scheduling procedures
Revenue generation (events, concession operation, service-level tiers, etc.) Staffing and volunteer models
Diversity, equity, inclusion and social justice (DEIJ) training Repair and maintenance strategies and funding
Outside service provider arrangements
Other operating policies and practices that might inform PCPA options We will present the results of the benchmarking exercise to City staff and engage that group in a discussion on key findings on potential directions for PCPA. As a separate exercise, we will identify and explore forces and trends now impacting the performing arts and live entertainment sectors, and develop a set of insights suggesting how the PCPA should respond to these new challenges and opportunities.
Task Five - Recommendations on Governance and Operations All of the research and data collected in the first four tasks will inform a set of conclusions and recommendations on the governance and recommendations of the PCPA, to include:
How the PCPA should be programmed and animated by a combination of partner Webb Mgmt · Proposa l
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programs, presenting, internally developed programs, and rental activity (both subsidized and market-rate).
How the PCPA should be governed so as to maximize value to the City, major stakeholders, community residents, and others.
How the PCPA should be operated, including policies and procedures on rentals, annual scheduling, food and beverage operations, staffing and volunteer support, inclusive approaches to programming and service delivery, ticketing, safety and security, other earned revenue sources, and fund raising.
Task Six - Pro-forma Operating Budget Development
Once there is a consensus around recommendations on PCPA governance and operations, we will build a financial model that projects future revenues, expenses and subsidy requirements, based on the following approach:
The financial model will be constructed in close collaboration with PCPA and City staff and be based on the current budget format and structure.
A baseline pro-forma will take the current budget out seven years into the future with no changes to governance and operations .
A second version of the financial model will incorporate recommended adjustments to governance and operations, showing incremental revenues and expenses over time and how those impact the annual operating subsidy.
Finally, we will conduct a sensitivity analysis that shows the impact of changes in key variables on the new pro-forma and make recommendations on how to mitigate those risks.
Task Seven - Final Report and Presentations
Finally, we will compile all of the work completed in the six tasks above and deliver a draft report (including an Executive Summary) to the City. We will travel to Poway to make a presentation based on the draft report and then work flexibly with PCPA and City staff to develop a revised final version of the report that summarizes our work and recommendations.
Finally, we will make a series of presentations of the work to City, PCPA and PUSD leadership and the community at large. This presentation will describe our work, summarize our recommendations, and project how governance and operating adjustments will deliver more value to the City, PCPA users, and other stakeholders.
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Report & Deliverables
We will deliver the following information to the City at the conclusion of the assessment :
PDF reports that detail research, conclusions and recommendations along with an Executive Summary that describes the process and results.
Research, data and materials used to analyze the market, the competitive situation for arts programming and facilities in the region, market capacity, and comparable markets.
A multi-tab Excel-based workbook with a detailed pro-forma operating budget.
Raw data and multipliers used to project economic impacts.
Any survey data, summaries or other content.
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November 15, 2022, Item #20
D. PROPOSED
METHODS
AND REPORT
Timeline
TASK
1 - Assessment of Operations
2 - Value Proposition and City Goal~
3 - Market Opportunity
4 - Benchmarking & Best Practices
5 - Governance and Operations
6 - Pro-forma Operating Budget
7 - Final Report and Presentations
CLIENT VISITS / MEETINGS
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We are ready and willing to begin work as soon as notice to proceed is received. Assuming the contract begins on 71/29/22 as noted in the RFP, we anticipate completing the work over a 72-week period, depending on our ability to access the resources and people needed in 24 of25
a timely manner. A data request will be submitted upon contract execution. This 12-week timeline is contingent on receipt of requested data within 70 days or fewer from submission for that request We will work with the City to schedule interviews and stakeholder meetings to maximize partic ipation (given the December timing of project kick-off) but also meet the proposed timeline.
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E. PRICI NG
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Fee Proposal & Arrangements
We propose professional fees and expenses of $47,500 to complete the work described in this proposal, per the chart below.
1 - Assessment of Operations 12
2 - The PCPA Value Proposition and City Goals 16
3 - The PCPA Market Opportunity 8
4 - Benchmarking and Best Practices 6
5 - Recommendations on Governance and Operations 12
6 - Pro-forma Operating Budget Development 18
7 - Final Report, Revisions, and Presentations 8
Hours by Team Member 80
Fee by Team Member $14,400
Professional Fees $42,480
Estimated Expenses (bled at cost, as used)
Travel (Incl. transportation, hotel, food, etc.) $3,000 Data, Printing
Total estimated expenses (by team member) $3,000
Total Fees & Expenses $47,500
Services falling outside of the approved scope would be billed at the following hourly rates.
Duncan Webb
Stacey McMath
Victoria Plettner-Saunders
Miriam King
$225
$175
$175
$125
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12 6 6
10 16 8
12 12 4
6 8 24
8 12 4
12 12 6
16 10 16
76 76 68
$10,640 $10,640 $6,800
$1,500
$520
$1,500 $520
We will bill fees monthly based
on the progress of the study.
Expenses will be billed monthly
as incurred with no mark-up.
This proposal is valid for a
period of sixty days from dote
of issue.
Webb Mgmt · Proposa l
November 15, 2022, Item #20