1 Vernice Hankins
From: Bobak Roshan <[email protected]>
Sent: Friday, October 21, 2022 8:45 AM
To: Gleam Davis; Sue Himmelrich; Kristin McCowan; Phil Brock; Oscar de la Torre; Lana Negrete; Christine Parra
Cc: councilmtgitems; Denise Anderson-Warren; David White Subject: re: Agenda Item 14A, Digital Wayfinding and IKE Smart City
EXTERNAL
Dear Councilmembers,
I write this letter to express my support for IKE Smart City’s interactive digital kiosk deployment in the City of Santa Monica. IKE has successfully deployed interactive wayfinding kiosks in over 15 cities across the country. As a local business owner, I believe that IKE will enhance the pedestrian experience in Santa Monica to the benefit of local dining and retail establishments.
IKE’s directory applications naturally drive traffic to local shops through agnostic business listings that focus on the proximity of the user to the business they are seeking, instead of paid listings that tend to dominate normal internet searches. Additionally, IKE’s emergency functionality will enhance safety in the area for our customers.
The IKE team has reached out to small business owners and is committed to working in good faith the City of Santa Monica and our local businesses towards a successful program. During the early days of the pandemic, IKE donated free advertising space on all of its digital screens nationwide, telling residents which restaurants were open for takeout, delivery and dine-in, with scannable QR codes that could take residents to external websites with more information. This is the level of commitment the City of Santa Monica should be looking for in its kiosk partner.
Most importantly, IKE has a proven track record of success with across the county with references from top cities across the nation. Thus, we know they deliver on their promises.
For the above reasons, I support IKE Smart City’s bid for the City’s wayfinding kiosk RFP.
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2 Best regards,
‐‐
Bobak Roshan
Founder
Demitasse Coffee
cafedemitasse.com
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October 20, 2022
Santa Monica City Councilmembers
Via email
Re: Santa Monica IKE Program
Dear Santa Monica City Councilmembers,
I write this letter to express Experience Columbus’ support of the IKE platform. IKE kiosks have been a part of our Columbus streetscape since late 2018 and have continued to provide critical resources to our residents and visitors as they navigate our city. At the touch of a finger, you can find local restaurants, the best public transit route to a museum, or the nearest shelter and the services it provides.
Not only is the product outstanding, but the IKE team is top-notch, very communicative, and is continuously improving the software platform to stay ahead of the game in the field of wayfinding and digital interactive kiosks. The platform supports our small business and non-profit communities with free listings in the directory and significantly discounted advertising rates. The IKE team also ensures that there is continuously a mix of local art, community content and commercial content on each kiosk in our city.
On behalf of Experience Columbus, I fully endorse the IKE kiosks, and I believe Santa Monica would benefit from a partnership with IKE Smart City, just as we have.
Best regards,
Kari Kauffman
Chief Destination Experience Officer
Experience Columbus
277 W. Nationwide Blvd., Ste.125, Columbus, OH 43215
614-222-6107
[email protected]
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October 21, 2022
Santa Monica City Councilmembers
Via email
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
On behalf of ABV Agency + Gallery, ,DPZULWLQJWRH[SUHVVP\VXSSRUWIRU,.(6PDUW&LW\ȢVELG for digital kiosks in Santa Monica. IKE is the only bidder with broad experience collaborating with local artists and institutions. Their well-tested kiosk product would be a useful platform to shRZFDVHORFDODUWLVWVȢZRUNWRWKHPLOOLRQVRIpeople that visit Santa Monica each year and will enliven the FLW\ȢVQHLJKERUKRRGVZLWKDUWDQGFRPPXQLW\FRQWHQW Public art has helped create, merge, and sustain communities across the landscapes of artistry, activism, education, and so much more. Through its power, public art largely remains one of the most prominently accessible and reliable means of supporting communal learning, community engagement, social justice, radical imagination, and collective memory. Supporting public art initiatives empowers the vitality of neighborhoods and KRQRUVWKHFLW\ȢVFRPPLWPHQW to its artists.
In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue.
These kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.
I am an enthusiastic supporter of IKE Smart City kiosks and endorse the team and product wholeheartedly.
Thank you,
Morgan Andrews, Director
ABV Agency + Gallery
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Letter: Santa Monica City Council -Big Outdoor-221021
Date: October 21, 2022
RE: Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program Santa Monica City Council
To Whom it May Concern,
We the McKinney Avenue Transit Authority, have worked with Big Outdoor for several years and have always appreciated the ad revenue they have been able to bring to our organization in Dallas.
Big Outdoor manages the sales and marketing of our streetcar /trolley advertising program. They have successfully monetized these assets while making sure all campaigns and advertisers are of the highest quality.
In addition, we have begun work with Big Outdoor in designing interactive/wayfinding kiosk signage for our busiest stations in our system. They’ve helped navigate this process by interfacing with local business owners, associations, and BIDs to assure a successful launch.
During our multi-year relationship, Big Outdoor has proven to be a trusted partner and we look forward to collaborating with them for years to come.
Sincerely,
Vic Cervantes
President
McKinney Avenue Transit Authority (MATA)
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1 Vernice Hankins
From: Diana Nawi <[email protected]>
Sent: Monday, October 24, 2022 7:48 AM
To: councilmtgitems; Denise Anderson-Warren; David White; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City Attachments: DNawi_IKE Support Letter.pdf
EXTERNAL
Dear Santa Monica City Councilmembers,
I am writing to express my support for IKE Smart City’s bid for digital kiosks in Santa Monica. Their well‐tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content. I have worked with Orange Barrel Media to undertake major arts initiatives in cities across the US, chief among them our collaboration to bring arts programing to Los Angeles in the City of West Hollywood. This has been an incredible platform to showcase the work of established and emerging artists, from both the city and abroad. It has brought diverse artworks of the highest caliber into the public sphere and made them accessible for a broad audience.
Orange Barrel Media’s commitment to public art and promoting the work of artists, as well as collaborating with arts professionals based in the region, will only be furthered by the platform IKE will provide. IKE presents a unique opportunity to foster engagement and allow for encounter and it will allow the arts program to reach an even broader public. This is a unique opportunity to bring cutting edge contemporary art and community engaged programming to sites throughout the city.
In addition to being a public‐facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. Additionaly, these kiosks will give exposure to artists who may otherwise not have had such a far‐ reaching opportunity to showcase their work.
I am in full support of the IKE Smart City kiosk program and am excited to work alongside the Santa Monica arts community to bring more public art to the city. Please find a letter of support attached as well.
Thank you,
Diana Nawi
Independent Curator
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October 18, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
I am writing to express my support for IKE Smart City’s bid for digital kiosks in Santa Monica. Their well-tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content. I have worked with Orange Barrel Media to undertake major arts initiatives in cities across the US, chief among them our collaboration to bring arts programing to Los Angeles in the City of West Hollywood. This has been an incredible platform to showcase the work of established and emerging artists, from both the city and abroad. It has brought diverse artworks of the highest caliber into the public sphere and made them accessible for a broad audience.
Orange Barrel Media’s commitment to public art and promoting the work of artists, as well as collaborating with arts professionals based in the region, will only be furthered by the platform IKE will provide. IKE presents a unique opportunity to foster engagement and allow for encounter and it will allow the arts program to reach an even broader public. This is a unique opportunity to bring cutting edge contemporary art and community engaged programming to sites throughout the city.
In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. Additionaly, these kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.
I am in full support of the IKE Smart City kiosk program and am excited to work alongside the Santa Monica arts community to bring more public art to the city.
Thank you,
Diana Nawi
Independent Curator
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Santa Monica City Council:
To Whom it May Concern,
The Gaslamp Quarter Association located in downtown San Diego has worked with Big Outdoor over the past several years to help monetize our advertising kiosk program throughout our district.
They've been instrumental in bringing in revenue that has helped our business owners thrive and has allowed for us as an association to drive increased business to the Gaslamp. In addition to the sales and marketing aspect, they've implemented cleaning and maintenance procedures that keeps the kiosks and surrounding areas looking pristine at all times.
They've always gone above and beyond to help many of our business owners, oftentimes by promoting their business on the kiosks and helping them drive revenue. Big Outdoor has a community minded approach that works well in the neighborhood. They are always innovating on ways to support the Gaslamp Quarter outside of just advertising.
Big Outdoor has always been available to discuss special events and have helped us in ways outside the standard sales agreement. They're a true partner, and a group that we look forward to working with for years to come. If you have any questions, please feel free to reach out to me directly.
Best regards,
Michael Trimble
Executive Director
Gaslamp Quarter Association
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From: Janet Renner
Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City Date: Monday, October 24, 2022 10:28:27 AM
EXTERNAL
October 24, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
On behalf of FRONT International: Cleveland Triennial for Contemporary Art, I am writing to express our support for IKE Smart City’s bid for digital kiosks in Santa Monica.
The interactive kiosks have been an invaluable publicly accessible platform that showcase cultural and nonprofit organizations and enliven our city’s streetscape. Importantly, IKE has allowed us to engage with residents and visitors to educate about FRONT International: Cleveland Triennial for Contemporary Art that is a free, public contemporary art exhibition comprised of artist commissions, performances, films, and public programs that takes place across Cleveland, Akron, and Oberlin every three years. .
Their well-tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content.
Public art has helped create, merge, and sustain communities across the landscapes of artistry, activism, education, and so much more. Through its power, public art largely remains one of the most prominently accessible and reliable means of supporting communal learning, community engagement, social justice, radical imagination, and collective memory. Supporting public art initiatives empowers the vitality of neighborhoods and honors the city’s commitment to its artists.
In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. These kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.
FRONT International: Cleveland Triennial for Contemporary Art is in full support of the IKE Smart City kiosk program and believe they are best suited to engage the Santa Monica arts community to bring more public art to the city.
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Thank you,
Fred Bidwell, Executive Director
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1 Vernice Hankins
From: Kivland, Kelly <[email protected]>
Sent: Monday, October 24, 2022 12:58 PM
To: councilmtgitems; Denise Anderson-Warren; David White; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City
EXTERNAL
October 18, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
I am writing to express my utmost support for IKE Smart City’s bid for digital kiosks in Santa Monica.
IKE Smart City has been a generous supporter of the Wexner Center for the Arts on several past public art initiatives, including with artists Ann Hamilton, Carlos Motta, and Anna Tsouhlarakis. We believe in the power of the arts to illuminate and reflect the complexities of contemporary life and to foster cross‐cultural exchange, understanding, and respect. These projects have enriched our community and encouraged meaningful dialogue, and we look forward to partnering with IKE and Orange Barrel Media on future projects.
The team at IKE and Orange Barrel Media have a longstanding track record of partnering with artists and cultural organizations to advance cultural projects. Their kiosks will be an invaluable platform to showcase cultural organizations and artists’ work and will enliven Santa Monica’s neighborhoods. IKE’s platforms engages citizens and visitors in a more inclusive way by reaching a broad and diverse audience.
I am in full support of the IKE Smart City kiosk program and believe they are best suited to engage the Santa Monica arts community to bring more public art to the city.
Thank you,
Kelly Kivland
Kelly Kivland (she/her)
Chief Curator and Director of Exhibitions
Wexner Center for the Arts
Ohio State University
1871 North High Street
Columbus, OH 43210
website: https://wexarts.org/
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October 24, 2022
Santa Monica City Council
To Whom it May Concern,
We have worked with Big Outdoor for the past several years and have always appreciated the partnership.
Big Outdoor manages several supergraphics and digital media kiosks throughout Downtown. They’ve always been responsive to our requests for including content benefiting the community. They ensure all assets and advertisers are of the highest quality.
Big Outdoor has proven to be a trusted partner and we look forward to working them for years to come.
Sincerely,
Shalissa Perry, Chief Marketing Officer
Downtown Dallas, Inc.
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From: Council Mailbox
Sent: Tuesday, October 25, 2022 8:00 AM
To: councilmtgitems
Subject: Fw: Agenda Item 14. Digital Kiosks
From: Neil Carrey <[email protected]>
Sent: Monday, October 24, 2022 6:45 PM
To: Council Mailbox <[email protected]>
Subject: Agenda Item 14. Digital Kiosks
EXTERNAL
When I saw Agenda Item 14 concerning digital Kiosks, I checked out the IKE Smart City, which seems to be the one whose digital Kiosks and used by other cities and has a long track record, and Big Outdoor, which the staff is recommending, which has no track record and I could find nothing on its website to indicate it has ever installed these types of Kiosks in any city. I then saw a demonstration of the IKE Kiosk and was extremely impressed. I had hoped to also see a demonstration of the Big Outdoor Kiosk but was surprised to learn they did not have a digital kiosk. In my research I was further surprised that staff was recommending the contract be awarded to an advertising and billboard company that has no experience delivering community focused multifunctional kiosks in the public right of way.
Since these kiosks will be very visible in the City and this will be a very long program, the City should take sufficient time to make sure they have selected a trusted and experienced partner that has demonstrated its ability to deliver a Kiosk that meets or exceeds the community and City expectations and delivers value to the community and at the same time will be a revenue generator for the City. In addition, a partner with a proven tract record of successful installation and maintenance of these types Kiosks. IKE has this experience and demonstrated its ability to do so in this arena, which Big Outdoor has not.
It appears to me that staff is recommending Big Outdoor because originally it came in with a better proposal from a financial standpoint. They clearly could not have recommended Big Outdoor over IKE based on its experience or product. While it would have been a mistake to award Big Outdoor the contract under these circumstance, it is my understanding that IKE Smart City has committed to matching the financial offer of Big Outdoor, it now makes no sense for Council to offer the contract to Big Outdoor and a lot of sense to award it to IKE Smart City.
I urge you to do the right thing and not follow staff's advice. Thank you.
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2 Neil Carrey
[email protected]
[email protected]
(T) 310-451-9188
(C) 310-200-5067
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October 25, 2022
Santa Monica City Council
Via Email
RE: Agenda Item 14A, Digital Wayfinding and IKE Smart City Dear City Council Members:
We at the National Federation of the Blind believe in the full capacity of blind and low-vision citizens. The realization of our mission regularly affords us the pleasure of working with companies such as IKE Smart City to collaborate in transformative ways. With IKE, we had the fortune over the last few years of assisting in the company’s journey to developing an innovative accessible wayfinding technology for the blind.
IKE Smart City partnered with our Blind Users Innovating and Leading Design (“BUILD”) program in order to develop and test a solution that would enable blind and low vision users to access the benefits provided by the IKE Smart City kiosk. After twenty-one usability sessions with our BUILD participants, all having varying degrees of vision loss and technological experience levels, the sessions yielded beneficial results that helped determine that a mobile hand-off software solution provides an effective and inclusive opportunity for blind and low vision users to engage with IKE. The BUILD program sessions revealed that use of a personal mobile device while navigating city streets is an effective component for the blind and visually impaired, and this solution further allows IKE to leverage successful 3rd party mobile solutions whose innovations in the accessibility space continue to be an evolution of access to information for the blind and low vision user.
Throughout the BUILD process, our team was impressed with IKE’s willingness to listen, incorporate, and innovate. IKE demonstrated a thoughtful approach and willingness to improve by speaking with software accessibility experts, conducting in-the-field research on tactile keypads for kiosks, and speaking with fast-food kiosk engineers, in addition to continued conversations with NFB and ongoing collaboration with blind community members via the BUILD program.
Our experience with the IKE team has been incredibly positive, and we hope to express our support for the program.
Sincerely,
Anil Lewis
Executive Director, Blindness Initiatives
National Federation of the Blind
AL/pwm
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October 25, 2022 Client-Matter: 70128-030
VIA EMAIL
Santa Monica City Council
City Hall
1685 Main Street
Santa Monica, CA 90401
Re: Agenda Item #14.A, Proposed Award of Contract for Digital Wayfinding and Advertising Kiosk Program
Dear Honorable Councilmembers:
This firm represents IKE Smart City (“IKE”) in connection with the City’s Request for Proposals for the Digital Wayfinding and Out of Home Advertising Kiosk Program (“RFP”).
We are writing to respectfully request that you vote to approve a Resolution of Intent (“ROI”) to Award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE with its improved financial offer, which you have complete authority to do tonight under California law, the Santa Monica City Charter (the “City Charter”), the Santa Monica Municipal Code, and the RFP. Doing the opposite – proceeding with an ROI to award the contract to BIG Outdoor (“BIG”), on the other hand, would lead to additional delay, violate the express terms of the City’s RFP, and run counter to the public interest.
IKE is fully confident in the City Council’s ability to select IKE tonight and agrees to indemnify the City from any challenge to IKE’s selection under this procurement.
I. California Law and the City Charter Authorize the City Council to Modify the Draft ROI to Select IKE.
The City Charter, which governs the award of the contract under the RFP, does not require the City Council to move forward with a staff recommendation, and in the absence of any such requirement, the City Council has the authority to decide for itself which of the bidders it will name in the ROI and to specify the terms and conditions upon which the City Council proposes to grant the franchise. In California, “[t]he amount of leeway a public entity has in awarding a contract is governed by the statutory or municipal law framework applying to that contract.” Great West Contractors, Inc. v. Irvine Unified School Dist., 187 Cal.App.4th 1425, 1447 (2010).
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Nothing in the City Charter limits the City Council’s leeway to disregard a staff recommendation, which is just that – a recommendation. The City Charter provides the City Council with the sole authority to grant a franchise by ordinance. City Charter, Section 1600 (“The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation […] The City Council may prescribe the terms and conditions of any such grant.”).
The Charter also empowers and requires the City Council to pass a resolution declaring its intention to grant a franchise agreement. City Charter, Section 1601 (“Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted.”). Nothing in these or any other provisions of the City Charter (nor the Santa Monica Municipal Code for that matter), obligate the City Council to follow staff’s recommendation in making an award. Substituting bidders from the dais is permissible under California law and there are notable examples of other situations when a decision-making body has disregarded staff’s recommendation and substituted an alternative bidder (see Exhibit A for example). The City Council has the ultimate legal authority to select a grantee, as well as “the character of the franchise and the terms and conditions upon which it is proposed to be granted.” The City Council can lawfully exercise this authority to modify the ROI and declare its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE, including modifying the terms and conditions upon which the City Council proposes to grant the franchise.
The City Council can also move forward with an ROI for IKE that includes terms that were not in IKE’s Best and Final Offer (“BAFO”). The City Council is not obligated or bound by terms and conditions for the franchise proposed by City Staff, IKE, or BIG, and has the full authority to change the terms in the ROI before adopting it because the Council is the ultimate decision-making body. As detailed above, the City’s Charter provides the City Council with the discretion to include the “terms and conditions upon which [the franchise] is proposed to be granted.” Nothing in the Charter precludes or limits the Council’s discretion to only including terms in a respondent’s prior proposal.
II. The RFP Expressly Authorizes the City Council to Modify the ROI to Select IKE.
Rather than require the City Council to move forward with the staff recommendation, the RFP makes it expressly clear that the City Council may select any proposer it deems to be in the best interest of the City, so long as the selected bidder meets the quality and compliance specifications of the RFP (something which we believe BIG cannot possibly meet under any rational basis). The RFP states:
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discretion. The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.
RFP, Section 5.1 (emphasis added). It was the clear and explicit expectation of the City, and the understanding of the proposers to the RFP, that the City Council could have ultimate discretion to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to whichever bidder the City Council determined to be “in the best interest of the City.” As IKE has demonstrated, and as the RFP scoring (aside from the inappropriate and unlawful BAFO) scoring, which completely disregarded the RFP evaluation criteria) reflects, IKE’s proposal and product are clearly the best option for the City. As you are aware, IKE has confirmed it is willing to accept a franchise agreement with financial terms and conditions that exceed BIG’s BAFO. Nothing in the City’s Charter, Municipal Code or RFP precludes the City Council from adopting an ROI that has financial terms and conditions that differ from IKE’s BAFO. As a courtesy, IKE proactively confirmed its willingness to agree to improved terms in yesterday's letter to the City Council, but ultimately it is the City Council that gets to decide what terms are laid out in the ROI, just as it is entitled to negotiate improved benefits for the City prior to awarding any contract or franchise.
Moving forward with an ROI with IKE is clearly in the best interests of the City, both in terms of user experience and financial return to the City. Again, the City Council can lawfully exercise this authority to modify the ROI, as anticipated in the RFP, and declare its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE, including modified terms and conditions upon which the City Council proposes to grant the franchise.
III. Moving Forward with Staff’s ROI is a Recipe for Protracted Delay.
Should the City Council choose to move forward with the ROI to BIG as recommended by City Staff, IKE would have solid grounds to protest the award. If that were to happen, the City Council would then need to restart this process, issue and approve another ROI for an award to IKE, and hold a new and fully noticed City Council meeting in the future. And, to make matters worse, the City could then face a frivolous protest from BIG on such an award, necessitating yet another duly noticed City Council hearing and further delay. There is no reason for the City to incur these delays. The City Council should instead exercise its authority to modify the ROI now and notice its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE.
Unlike a frivolous protest by BIG, there are several reasons a protest of an award to BIG would be meritorious. BIG’s proposal is nonresponsive for failing to meet the minimum experience and reference requirements of the RFP, and should have been disqualified from the start. While the City enjoys wide latitude to act in the public interest, it cannot award a contract to a nonresponsive or non-responsible bidder, or completely disregard the RFP’s clear product Item 14.A
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and scoring requirements. The RFP called for proposers “who have successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets.” RFP, Section 2.1. BIG does not have kiosks in three cities or public rights-of-way, let alone a cuttingedge, diverse city like Santa Monica. The RFP asked bidders to “[p]lease submit at least three references from other public entities.” RFP, Section 4. BIG’s proposal had zero public entity references. Why? Because it has not entered into interactive kiosk contracts with public entities as required by the RFP. The same goes for BIG’s partner, which while not a billboard company like BIG, is only a startup focused on shopping mall directory kiosks with limited functionalities.
Finally, the Evaluation Committee completely disregarded the RFP’s scoring criteria after requesting the BAFOs. It is clear from the BAFO scoring that after IKE and BIG submitted their BAFOs, the bidders were completely re-scored on a new, 100 point scale that was untethered to any evaluation criteria in the RFP. This is a clear violation of California procurement law, which requires that awarding agencies score proposals based on the announced scoring criteria.
And the above is just the tip of the iceberg. You have already received a letter from my client yesterday illustrating some of the deficiencies in BIG’s product. The problems in moving forward with an ROI with BIG are so glaring that it should not merit a detailed protest in the future.
* * *
For the reasons discussed above, we respectfully ask that the City Council modify the ROI, as it has the authority to do, and notice its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE.
Thank you very much for your time and attention to this matter. Please feel free to contact me if you have any questions.
Very truly yours,
Victor De la Cruz
Manatt, Phelps & Phillips, LLP
cc: David White, City of Santa Monica City Manager
Douglas T. Sloan, City of Santa Monica City Attorney
Susan Y. Cola, City of Santa Monica Assistant City Attorney Pete Scantland, CEO, IKE Smart City
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Exhibit A
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10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 1/4 City Council panel approves three contracts for LAX concessions
BY DAN WEIKEL AND DAVID ZAHNISER, LOS ANGELES TIMES
SEPT. 14, 2010 12 AM PT
The push to overhaul restaurants, beverage stands and gift stores at Los Angeles International Airport took a major step forward Monday when a special City Council panel approved three retail contracts to a joint venture that features former Lakers star Magic Johnson and the widow of attorney Johnnie Cochran.
The five-member Board of Referred Powers voted 4 to 1 to give the contacts to a partnership involving the Hudson Group, Magic Johnson Enterprises and Concourse Ventures, which is headed by Dale Mason Cochran.
In one of the contracts, board members picked the joint venture over Miami-based Areas USA, which had been recommended by LAX officials.
Council members Janice Hahn, Bernard C. Parks, Ed Reyes and Bill Rosendahl voted for the contracts. Councilman Tony Cardenas, the board’s chairman, voted no, saying he believed the panel had rushed into a decision.
Parks, who was endorsed by Johnson during his unsuccessful 2008 campaign for county supervisor, made the motion to substitute the joint venture for Areas USA.
He said after the vote that he favored Hudson’s bid because it had included two local businesses — Magic Johnson Enterprises and Concourse Ventures — as equity partners.
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10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 2/4 Giving the contract to the Hudson team is in line with the city’s efforts to put greater weight on contracts with local companies, Parks said.
“They didn’t just bring in a minority female to apply for their 10%" share of the bid package, he said. “They made them equity partners.”
Eduardo Uribe, an Areas USA vice president, said company officials were disappointed that the Board of Referred Powers chose “to ignore the airport staff’s recommendation after a lengthy and thorough process.”
“We look forward to being awarded the food and beverage packages for which we were also recommended in a fair competition,” he said.
The three retail contracts must go to the City Council for final approval. Five other food and beverage contracts will be considered by the Board of Referred Powers on Sept. 20.
Monday’s decisions were greeted favorably by Gina Marie Lindsey, executive director of Los Angeles World Airports, the agency that operates LAX, Ontario International Airport and Van Nuys Airport. “I am delighted to have made this much progress,” she said.
Throughout Monday’s meeting, Cardenas voiced dismay over learning that some of the airport’s evaluators had discarded their notes or failed to make comments on bid forms about their reasoning for scoring a company the way they did.
He called the loss of those notes “extremely terrible and odd” and grilled airport officials about the lack of backup documents.
Cardenas also said he was concerned that airport evaluators did not check bidders’ references until after scoring a company. Lindsey told the panel that references were Item 14.A
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10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 3/4 eventually checked and that evaluators decided that what was found would not affect any company’s score.
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Dan Weikel
Dan Weikel covered local aviation, the California high-speed rail project, Metrolink, the MTA and regional transportation issues for the Los Angeles Times before leaving in 2017. He started with the newsroom in 1989 and previously covered courts and transportation in Orange County, the ports of Los Angeles and Long Beach as well as substance abuse, environmental issues and law enforcement as a member of a project team. A native of San Diego, Weikel is a graduate of the UC Santa Barbara and the master’s program at the University of Missouri School of Journalism.
David Zahniser
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David Zahniser covers Los Angeles City Hall for the Los Angeles Times.
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1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, October 25, 2022 2:24 PM
To: councilmtgitems
Subject: Fw: Support for IKE Smart City Bid - Item 14
From: Jan Williamson <[email protected]>
Sent: Tuesday, October 25, 2022 1:13 PM
To: Council Mailbox <[email protected]>
Subject: Support for IKE Smart City Bid
EXTERNAL
Dear Santa Monica City Council,
I'm writing as a Board member of SMTT and as the Executive Director of 18th Street Arts Center to encourage you to give new consideration to IKE's proposal to provide new interactive wayfinding in Santa Monica.
I've interacted with their technology in person, and believe their 7 years of real world experience operating their platform and learning from working in other cities like Miami, Berkeley, Atlanta, Houston, will significantly benefit Santa Monica.
• They have the capacity to be up and running in Santa Monica right away. • Their platform is completely interactive and able to communicate with people's mobile phones. • Their platform can accommodate multiple languages
• They've developed good ADA systems by working directly with the disability community. • They commission and pay artists at appropriate rates for their work on their platform. (This is unusual!) • Their hardware is able to endure the extreme weather conditions of Detroit and Tempe Arizona, and the salt-air of Miami.
• It appears that they have a business culture of innovating based on the needs of their clients, which is important for such a long commitment.
I hope you give their proposal the consideration it deserves when thinking about this 30 year contract.
Very best regards,
Jan
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2 Jan Williamson
Executive Director
she/her
@18thstreetarts
18thstreet.org
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18TH STREET ARTS CENTER
Join Borderless on Patreon
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October 25, 2022
Re: Big Outdoor reference
To whom it may concern,
Our partnership with Big Outdoor extends over five years. They were the first media firm to secure approval for a digital installation as part of the Atlanta Arts & Entertainment district. Big Outdoor has been a responsive partner that supports the goals and objectives of A&E Atlanta to elevate the district and the local creative community.
Sincerely,
Fredalyn M. Frasier, Project Director, Planning and Urban Design Central Atlanta Progress (CAP)
Atlanta Downtown Improvement Development (ADID)
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