request for proposals - christchurchnz.org.nz for proposals event management & delivery ....

REQUEST FOR PROPOSALS EVENT MANAGEMENT & DELIVERY

BOULEVARD OF OUTRAGEOUS DELIGHTS - 2019 (working title)

Table of Contents

Section A - Request for Proposal (RFP) Overview and Process ................................................................. 4

Purpose of Request for Proposal ........................................................................................................................ 4

How to use this document ................................................................................................................................. 5

Outcomes ........................................................................................................................................................... 5

The RFP Process .................................................................................................................................................. 6

Submission of RFPs ............................................................................................................................................. 6

Joint Proposals .................................................................................................................................................... 6

Communication between ChristchurchNZ and participants .............................................................................. 6

Pricing and GST ................................................................................................................................................... 7

Information required in Proposal ....................................................................................................................... 7

Basis of payment ................................................................................................................................................ 7

Section B - General Conditions ............................................................................................................... 8

Rights reserved by ChristchurchNZ .................................................................................................................... 8

No warranties or representations ...................................................................................................................... 8

Information complete and accurate ................................................................................................................... 8

Conflict of interest with ChristchurchNZ employees.......................................................................................... 9

Verification and credit check .............................................................................................................................. 9

Confidentiality .................................................................................................................................................... 9

Proposal costs ................................................................................................................................................... 10

Ownership / return of Proposals ...................................................................................................................... 10

Governing law ................................................................................................................................................... 10

Liability limitation ............................................................................................................................................. 10

Section C - Evaluation of Proposals ...................................................................................................... 11

Evaluation criteria ............................................................................................................................................. 11

Evaluation of Proposal ...................................................................................................................................... 11

Communication of decisions ............................................................................................................................ 11

Preferred participant ........................................................................................................................................ 11

Section D - Information Required ......................................................................................................... 12

Instructions ....................................................................................................................................................... 12

Executive Summary .......................................................................................................................................... 12

Organisation Profile .......................................................................................................................................... 12

Relevant Experience and Track Record ............................................................................................................ 12

Your Approach / Business Capability ................................................................................................................ 13

Schedule of local suppliers and community impact ......................................................................................... 13

Price ................................................................................................................................................................ 13

Assumptions ..................................................................................................................................................... 13

Additional Information ..................................................................................................................................... 13

Appendix One – Schedule of Relevant Experience and Track Record .............................................................. 14

Appendix Two – Your Approach / Business Capability ..................................................................................... 15

Appendix Three – Schedule of local suppliers and community impact ........................................................... 16

Appendix Four – Contractor’s Health & Safety Management Confirmation ................................................... 17

Appendix Five – Proposal Form ........................................................................................................................ 18

Appendix Six – ChristchurchNZ Standard Terms and Conditions ..................................................................... 20

Appendix Seven – Pricing Schedule .................................................................................................................. 24

Appendix Eight – Additional Information ......................................................................................................... 25

RFP for Event Management & Delivery – Boulevard of Outrageous Delights 2019

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Section A - Request for Proposal (RFP) Overview and Process

Purpose of Request for Proposal

1.1 The purpose of this Request for Proposal (RFP) is to invite interested parties to submit a proposal for the provision of Event Management & Delivery for the (working title) Boulevard of Outrageous Delights (BoOD) 2019 (formerly known as the World Buskers Festival). The World Buskers Festival (WBF) has entertained audiences in Christchurch since 1994 but over the past three years has dramatically reduced its financial performance and sustainability. ChristchurchNZ has taken over the responsibility for the Festival as part of its Major Events mandate for Christchurch. It recently commissioned a strategic review and future options report where recommendations were made regarding the festival’s evolution.

It proposes the ChristchurchNZ owned event expands, reshapes and is made more inclusive to become a Major Event for the city – one that can align with the city’s narrative of innovation and opportunity, while attracting visitors and staying true to the festival’s firm roots in the community. ChristchurchNZ is now seeking an Events Management and Delivery company to deliver a refreshed festival in the first quarter of 2019.

1.2 The requirements of the contract are more specifically detailed in Appendix Eight (Additional Information).

1.3 It is proposed that the initial term of the contract will be twelve-months, commencing 09 April 2018. ChristchurchNZ may, at its sole discretion, grant one or two additional terms, each of one year.

1.4 This RFP is issued by ChristchurchNZ.

Event Proposition

The reshaped and enhanced festival (with a growth plan over 3 years), will excite fans old and new, and be set in a major hub from the Botanical Gardens to Cathedral Square. A series of ‘outrageous delights’ – free for most, while also hosting shows that will attract huge global names to attract national visitation during the day and night. It will be visibly appealing -reintroducing the country and in time, the world, to a fast-evolving Ōtautahi Christchurch - a prototype city – a city up for discovery, opportunity and fun. It will also feature legendry local talent and will ensure that key ethnic groups are represented. It is proposed that the timing will be January for the 2019 event (this may change for years 2 and 3). It is centered on a boulevard backdrop (Worcester Boulevard) – a stage for some of the world’s most creative and outrageous minds – showing how a city develops through creativity - delivered through laughter, art, technology, performance, discussion. It is a collection of performers and audiences participating together in unexpected nonsense, every year different, each year evolving along with a city evolving itself. There will be a strong mix of street performance, music, street art, shows and opinion commentary. The transformation of the festival that is required by the Festival Direction is:

Where are we at now

What do we want to achieve


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Old school carnival

(product and marketing) Tech focus, slick, creative, ideas- driven

Focus on street performers (60%) same/same Diverse, eclectic programme (10% street, 20% ideas / comedy, 30% experimental / nonsense 20% music, 20% ‘showtime’)

Residents only

Keeping the best of the best, whilst attracting new people / new headlines / global Instagram feeds / resident and visitor focused / building the talent and audience over a 3-year period

Tried and true

(tired programme, same acts)

Experimental and unexpected (every year we programme what could be)

One-dimensional Engagement, participation, inclusive, all encompassing

Static experiences Constant discovery – big and small

Difficult to navigate and shows inaccessible Pay it forward, generosity, accessible and inclusive

Tarnished / tired Fresh, friendly, opportunity, innovative, brand appealing, never been done before

How to use this document

1.5 This RFP consists of:

• Section A – Request for Proposal (RFP) Overview and Process • Section B - General Conditions • Section C – Evaluation of Proposals • Section D - Information required • Appendix One - Schedule of Relevant Experience and Track Record • Appendix Two - Your Approach / Business Capability • Appendix Three - Schedule of local suppliers and community impact • Appendix Four - Contractor’s Health & Safety Management Confirmation • Appendix Five - Proposal Form • Appendix Six - ChristchurchNZ Standard Terms & Conditions • Appendix Seven - Pricing Schedule • Appendix Eight – Additional Information

1.6 Sections A, B and C of this document provide background information, instructions and conditions for this RFP. You need to read and understand these sections. Your acknowledgement of these requirements and conditions is set out on the Proposal form in Appendix Five.

1.7 Section D of this document sets out the information required in your Proposal.

Outcomes

1.8 Following evaluation of the Proposals received, ChristchurchNZ may:


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• enter into negotiations with one or more participants, with a view to entering into a service agreement; or • conclude or abandon the process without awarding any contract.

ChristchurchNZ, may at its sole discretion, amend the description of services required or any other

aspect of this RFP.

The RFP Process

1.9 The anticipated timetable for this RFP is:

Activity Indicative Date

Issue of RFP 16 March 2018

Deadline for Proposals 03 April 2018

Participants notified of decisions 05 April 2018

Approximate Commencement Date 09 April 2018

1.10 Please note this timetable is indicative only and may be subject to change at the sole discretion of ChristchurchNZ. Participants will be notified of changes by the authorised representative.

Submission of RFPs

1.11 Your Proposal must be submitted in the format specified in this RFP together with the completed Proposal Form (Appendix Five) completed Pricing Schedule (Appendix Six) and completed Appendices One to Four.

1.12 Your Proposal must be submitted to ChristchurchNZ GM Attraction - Linda Falwasser by email [email protected] on or before 5.00pm on Tuesday, 03 April 2018. ChristchurchNZ has no responsibility for failure to do so before the closing date. Upload of documents can take up to an hour. Please do not leave your submission until the last minute.

1.13 ChristchurchNZ may consider late Proposals.

1.14 Participants may submit alternative Proposals which meet the same objectives as the RFP documentation, but which may allow the services to be provided in a more economic, cost effective or efficient manner

Joint Proposals

1.15 Joint Proposals may be submitted. Where a joint Proposal is submitted, participants must provide full details of each party submitting the Proposal and name one party as the single contact point for all communications relating to your Proposal.

Communication between ChristchurchNZ and participants

1.16 Any questions in relation to this RFP shall be conveyed in writing via email to the GM Attraction – Linda Falwasser, [email protected] by 5.00pm, Thursday, 29 March 2018.

1.17 Where the RFP Documents issued are ambiguous or unclear, participants may request the issue of an explanatory notice. If an explanatory notice is issued, it shall be sent to all participants and shall upon issue become part of the RFP Documents.

mailto:[email protected]

mailto:[email protected]


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1.18 Requests for information or clarification that relate solely to a participant’s Proposal and contain commercially sensitive information will be provided to the participant requesting the information for clarification only.

1.19 ChristchurchNZ will not be bound by any statement, written or verbal, made by any person other than the authorised representatives. The authorised representative (or any other person specifically authorised by the authorised representative) is the only person authorised to make representations or explanations in relation to this RFP.

Pricing and GST

1.20 Any prices quoted should be exclusive of goods and services tax (GST) and in New Zealand dollars.

Information required in Proposal

1.21 Section D of this RFP sets out the information required in your Proposal.

1.22 Each proposal will be evaluated on its relative merits and assessed under the attribute headings more fully described in Sections C and D.

1.23 Your Proposal must be submitted in the format specified in this RFP together with the completed Proposal Form (Appendix Five) completed Pricing Schedule (Appendix Seven) and completed Appendices One to Four.

1.24 Proposal clarification: You may be asked to revise or clarify your Proposal or provide additional information during the RFP process. These requests will require immediate action and must be responded to in the time specified in the request.

Basis of payment

1.25 It is proposed that payment for services shall be on or around the 20th of the month following the month in which services have been supplied and invoiced.


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Section B - General Conditions

Rights reserved by ChristchurchNZ

1.26 ChristchurchNZ reserves the right to:

• vary this RFP. Any such variation once notified by way of a written amendment notice will become part of this RFP;

• issue modified descriptions of service requirements, including innovations proposed to ChristchurchNZ through this RFP process;

• deal separately with any of the divisible elements of any Proposal received through this RFP process, unless the relevant Proposal specifically states that those elements must be taken collectively;

• enter into discussions and/or negotiations with any one or more participants relating to matters dealt with in this RFP;

• not proceed to evaluation of Proposals;

• reject all Proposals;

• limit or extend the list of potential respondents to a subsequent RFT, RFP process or negotiations beyond those who respond to this RFP;

• seek clarification of any aspect or information provided in a Proposal;

• waive any irregularities or informalities in this RFP process;

• amend the closing date for submission of Proposals or any other date referred to or implied in this RFP;

• suspend or cancel (in whole or in part) this RFP process and/or the overall process; and

• re-advertise the RFP.

ChristchurchNZ will not be bound to give reasons for any decision made under this clause.

No warranties or representations

1.27 All information provided by ChristchurchNZ in relation to this RFP is released on the following basis:

• Such information provides a background only;

• ChristchurchNZ makes no representation or warranty other than as expressly set out in this RFP document; and

• You rely on all information provided by ChristchurchNZ at your own risk.

Information complete and accurate

1.28 All information provided by a participant in its Proposal is warranted by the participant to be complete and accurate in all material respects.


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1.29 The participant also warrants that the provision of information to ChristchurchNZ, and the use of it by ChristchurchNZ for the evaluation of Proposals and for the negotiation of any resulting contractual agreement, will not breach any third party intellectual property rights.

1.30 ChristchurchNZ is under no obligation to check Proposals for errors.

Conflict of interest with ChristchurchNZ employees

1.31 Where any participant (if an individual) is also an employee of ChristchurchNZ, or (if a company) has an employee of ChristchurchNZ as a shareholder or controlling director, ChristchurchNZ reserves the right not to proceed with evaluation of the participant’s Proposal.

Any other potential conflicts of interests will be managed in accordance with the ChristchurchNZ Conflict of Interest policy & processes.

Verification and credit check

1.32 The participant confirms to ChristchurchNZ, on its behalf and on behalf of each of the individual participant’s personnel referred to in the Proposal, that ChristchurchNZ is authorised to:

• verify with any third person any information included in the Proposal or disclosed to ChristchurchNZ in connection with the Proposal (whether that information relates to such personnel or otherwise); and

• carry out a credit check on the participant or any such personnel.

1.33 ChristchurchNZ is not obliged to contact referees provided by participants and may seek further information on any issue from sources other than the referees provided. ChristchurchNZ may also take into account knowledge of the participant it already has.

Confidentiality

1.34 The information supplied by ChristchurchNZ (either itself or through its consultants or advisors) in connection with this RFP or any contract that may arise out of it, is confidential. You must not release or disclose any of the information to any other person (other than your employees or advisors) without the prior written consent of ChristchurchNZ.

1.35 Before releasing any confidential or commercially sensitive information to a participant, ChristchurchNZ may require the participant (and employees, subcontractors or agents of the participant, as appropriate) to sign a Non-Disclosure Agreement

1.36 All Proposals provided to ChristchurchNZ shall be retained by ChristchurchNZ and shall be treated as confidential by ChristchurchNZ. However, ChristchurchNZ is subject to the Local Government Official Information and Meetings Act 1987, and information provided by participants may be required to be disclosed under that Act or under any other law or by any Court.

1.37 No advertisement or other information relating to this RFP process or any contract that may arise out of it shall be published in any newspaper, magazine, journal or other advertising medium, or broadcast/disseminated by radio, television or other electronic media without the prior written approval of ChristchurchNZ.


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Proposal costs

1.38 All costs incurred by the participant in connection with its Proposal are the sole responsibility of the participant, including any costs relating to:

• preparation of the Proposal;

• any communication and/or negotiation with ChristchurchNZ; and/or

• any presentations, meetings or interviews with ChristchurchNZ.

Ownership / return of Proposals

1.39 The RFP documents are the property of ChristchurchNZ and may not be copied or reproduced in any way (other than for the purposes of preparing and submitting your Proposal) without the prior written approval of ChristchurchNZ.

1.40 The Proposals submitted to ChristchurchNZ in response to this RFP shall be retained by ChristchurchNZ.

Governing law

1.41 This RFP is governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction as to all matters relating to this RFP.

Liability limitation

1.42 ChristchurchNZ and its agents or advisors are not liable to any participant or other person for any direct or indirect damage, loss, liability or cost suffered or incurred by any participant or other person resulting from, directly or indirectly, this RFP process.


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Section C - Evaluation of Proposals

Evaluation criteria

1.43 Proposals shall be evaluated in accordance with an attribute methodology. The attributes to be evaluated are as follows and are further defined in Section D:

• Relevant Experience and Track Record

• Your Approach / Business Capability

• Schedule of local suppliers and community impact

• Price

Evaluation of Proposal

1.44 There will be no public opening of Proposals.

1.45 Each Proposal will be evaluated by an evaluation team as to the capability of the Participant and strengths of the Proposal. The evaluation team will consist of selected ChristchurchNZ and Council representatives, with expertise and skills to ensure an objective evaluation is achieved.

1.46 ChristchurchNZ may also include in its evaluation of your Proposal its own past experience with you.

1.47 ChristchurchNZ reserves the right to request information from any company, organisation or person it considers relevant in the course of evaluating any Proposal response.

1.48 Shortlisted applicants may be asked to present to ChristchurchNZ in March 2018.

1.49 The successful participant, if any, will be the participant that submits the proposal that best meets the RFP’s scope and requirements as based on the evaluation of the proposal and with whom ChristchurchNZ, in its sole discretion, wishes to conclude negotiations with.

Communication of decisions

1.50 Participants will be notified in writing of the decisions resulting from the evaluation of Proposals.

Preferred participant

1.51 Should ChristchurchNZ advise that you are a preferred participant, such advice does not:

• constitute an award of the contract to you; or

• imply or create an obligation on ChristchurchNZ to enter into negotiations with you or award the contract to you.

1.52 ChristchurchNZ may discontinue any negotiations with participants at any time.


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Section D - Information Required

Instructions

1.53 The Proposal form contained in Appendix Five must be completed, signed and returned along with your completed Pricing Schedule (Appendix Seven) and the completed Appendices One to Four.

Executive Summary

1.54 Please provide an executive summary of your Proposal outlining the key advantages of your Proposal to ChristchurchNZ and how you will meet the key requirements of the RFP.

1.55 Provide the name, title and contact information for the main person authorised to represent you in this RFP process.

Organisation Profile

1.56 Provide a company or organisation profile that includes:

(a) name and address of the company or organisation;

(b) a brief history of the company or organisation including the core areas of your business, relative position in the market, size of operation and future plans;

(c) an outline of company or organisation ownership including details of directors and controlling shareholders and type of legal entity (e.g., public company, private listed, sole trader etc.); and

(d) GST registration details.

1.57 If your response is a joint response, provide the information above in respect of each party.

1.58 Provide the name, title and contact information for the main person authorised to represent you in this RFP process.

Relevant Experience and Track Record

1.59 Complete the enclosed Schedule of Relevant Experience and Track Record (Appendix One). This information should clearly demonstrate your:

• Proven track record in planning and delivering major events in New Zealand (planning and delivery of major events overseas also considered) with particular emphasis on success with event genres of culture, arts, sports, music and entertainment

• Proven track record in generating commercial sponsorship and funding

• Proven track record in managing CAPEX and OPEX, along with producing financially sustainable recurring events

• Proven track record in event marketing and communications both within New Zealand and internationally

• Previous experience with working with NZ Major Events and Tourism NZ on the planning and delivery of major events


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• Previous experience working with local government with major events.

• Previous experience working with Iwi in the fields of events and/or business.

Your Approach / Business Capability

1.60 Complete the enclosed Your Approach / Business Capability sheet (Appendix Two).

1.61 Describe how you will meet the expectations of the Business Capabilities and Requirements/Specification (Item 2 in Appendix Eight – Scope)

1.62 If requested, a copy of most recent annual statement of financial position

Schedule of local suppliers and community impact

1.63 Complete the enclosed Schedule of local suppliers and community impact (Appendix Three).

Price

1.64 Please complete the Pricing Schedule (Appendix Seven).

1.65 Outline in your response the financial benefits that ChristchurchNZ might be expected to gain from the selection of your Proposal.

Assumptions

34.1 Please detail the assumptions you have made about the provision of the services.

Additional Information

35.1 Please append any additional information you wish to submit to your Proposal.

.


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Appendix One – Schedule of Relevant Experience and Track Record

Participants shall submit details in the table below that demonstrate their experience and suitability for the work described in the RFP documents.

Project 1 2 3

Title/Description

Client

Referee 1 (name & ph no.)

Referee 2 (name & ph no.)

Value

Duration

Com

plia

nce

with

Re

quire

men

ts

(Yes

/No)

Quality

Time

Performance

Budget

Client Satisfaction

Comments/Notes

Qualifying comments may be included as warranted when the answers are not simply a “yes” or “no”


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Appendix Two – Your Approach / Business Capability

Describe how you will meet the expectations of the Business Capabilities and Requirements/Specification (Item 2 in Appendix Eight – Additional Information


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Appendix Three – Schedule of local suppliers and community impact

Completion of the following table is a requirement of the RFP process. ChristchurchNZ reserves the right to further assess the respective proposals in terms of their local community and economic impact before determining a successful proposal. Participants are encouraged to provide a comprehensive response in terms of this evaluation criterion.

Aspect Provide specific details of how your proposal will positively impact the local Christchurch community and economy

Engagement of staff and subcontractors from within the region

Ownership or lease of operating premises or sourcing of materials from within the region

Percentage of overall revenue from the contract going to the region

Apprenticeships, sponsorships, participants and training opportunities provided within the region


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Appendix Four – Contractor’s Health & Safety Management Confirmation

To: Attn: Linda Falwasser ChristchurchNZ PO Box 2962 CHRISTCHURCH We acknowledge that we will be required to submit a contract / site specific health and safety management plan prior to work commencing on this contract and that no work shall commence until this plan has been approved by the Principal. We undertake that this Plan will remain in force and not be amended (without Principal approval) or cancelled during the period of this Contract. The following is also confirmed in respect of our Company: Confirm

1. Our Company has an employee participation system for dealing with

health and safety issues.

Yes / No

2. A Company emergency plan (including evacuation plan) is in place for dealing with accidents and natural disasters.

Yes / No

3. Our Company carries out formal, regular health and safety training for employees and all staff are trained/qualified and competent in areas relevant to this contract.

Yes / No

4. Plant and equipment is regularly inspected, tested and maintained, and appropriate records are available.

Yes / No

5. Our Company has issued to all staff a Company Health and Safety Manual.

Yes / No

6. Our Company has systems in place that identify and manage Health and Safety risks and hazards based on the Health and Safety at Work Act 2015.

Yes / No

7. Our Company is able to provide reports on Health and Safety to ChristchurchNZ if requested.

Yes / No


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Appendix Five – Proposal Form

(Participant to complete the following form as appropriate)

To: ChristchurchNZ

We attach our Proposal for Event Management & Delivery – Boulevard of Outrageous Delight - 2019, in accordance with your Request for Proposal (RFP) document.

We confirm that all information supplied by us is true and correct.

The party* submitting this Proposal is:

(* if a joint Proposal state all parties)

The primary contact person name and details

Name:

Position:

Phone:

Mobile:

Email:

Postal address:

Physical address:

We acknowledge receipt of notices (if any) numbered: to

Checklist:

• Read and understand this RFP Yes / No

• Provided all information required under Section D Yes / No

• Provided the completed Appendices One to Four Yes / No

• Provided the completed Appendix Seven – Pricing Schedule

Yes / No

• Our price to supply these items is (from Pricing Schedule – Appendix Seven):

$ excl. GST

Dated

Signed by (signature)


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(print name)

for and on behalf of the submitting party (or parties if joint Proposal)


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Appendix Six – ChristchurchNZ Standard Terms and Conditions

THE PARTIES AGREE as follows:

1 DEFINITIONS AND CONSTRUCTION

In this Agreement, unless the context requires otherwise:

● Agreement means the Summary of Services and Fees, these Terms and Conditions, and any schedules appended hereto;

● Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator providing substantially the same type of services as provides under this Agreement, including compliance with all appropriate standards of any professional organisation the Contractor may be a member of;

● Fees means the fees for the Services detailed in this Agreement;

● Replacement Schedule means a replacement schedule signed by both parties and entered into at any time to amend the agreed Services to be provided under the terms of this Agreement; and

● Services means the services described in this Agreement

2 AGREEMENT

ChristchurchNZ engages the Contractor, and the Contractor accepts that engagement, to provide the Services on the terms and conditions of this Agreement.

3 THE CONTRACTOR’S OBLIGATIONS

The Contractor will:

(a) undertake the Services in accordance with the timeframes specified in this Agreement;

(b) liaise closely with the ChristchurchNZ at all times during the performance of the Services;

(c) provide ChristchurchNZ, on request by the ChristchurchNZ, with written or verbal reports (as directed by the ChristchurchNZ) regarding progress in performing the Services; and

(d) comply with all of ChristchurchNZ’s reasonable instructions.

4 CHRISTCHURCHNZ’S OBLIGATIONS

ChristchurchNZ will:

(a) provide the Contractor with all data, information, other related materials and assistance as are reasonably required to enable the Contractor to provide the Services; and

(b) pay the fees set out in this Agreement in accordance with the provisions of clause 5.

5 FEES

5.1 The Contractor may invoice ChristchurchNZ on the completion of the Services or on the last day of each month for all Services provided to the Contractor during that month at the Fees plus GST.

5.2 ChristchurchNZ shall pay correct invoices by the 20th day of the month following the month in which the invoice was issued.

5.3 ChristchurchNZ’s sole liability under this Agreement shall be to pay the Contractor the Fees in accordance with this clause.


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6 CONTRACTOR‘S WARRANTIES

6.1 The Contractor warrants that:

(a) it will perform its obligations under this Agreement using the skill and care of a diligent provider and in accordance with Industry Practice;

(b) The Contractor has knowledge and expertise sufficient to enable the Contractor to provide the Services; and

(c) it will perform its obligations under this Agreement in compliance with all laws, regulations and standards.

7 CONFIDENTIALITY

7.1 The Contractor agrees to keep confidential any information received from ChristchurchNZ and any other information sourced or received in connection with the provision of the Services (Confidential Information) and will not, without ChristchurchNZ’s prior written consent, divulge the same to any third party. This provision will not apply to:

(a) any information in the public domain other than in breach of this Agreement;

(b) information obtained from a third party who is free to divulge the same; or

(c) disclosure of information which is required by law.

7.2 The provisions of this clause 7 shall survive the expiration or termination of this Agreement.

8 INTELLECTUAL PROPERTY

The Contractor acknowledges and agrees that all Intellectual Property rights created in connection with the Contractor’s performance of Services vest in ChristchurchNZ.

9 SUBCONTRACTING AND ASSIGNMENT

9.1 The Contractor may not assign any of its rights or obligations under this Agreement without first obtaining ChristchurchNZ’s consent, which such consent shall be within the sole and absolute discretion of the Contractor.

9.2 The Contractor may subcontract any of the services as set out in this Agreement, however remains responsible for the quality of and any payment to subcontracted parties who will act under the direct instruction of the Contractor at all times.

10 LIABILITY AND INDEMNITY

10.1 The Contractor indemnifies and holds ChristchurchNZ harmless against any costs, losses, damages, expenses, liabilities or proceedings suffered or incurred at any time by ChristchurchNZ as a result of any direct breach of the contractor’s obligations, undertakings or warranties contained in this Agreement.

10.2 The Contractor agrees that ChristchurchNZ’s only liability in connection with this Agreement shall be to pay the fees set out in this Agreement in accordance with the provisions of clause 5.

10.3 Notwithstanding any other provision in this Agreement:

(a) The Contractor’s total liability to ChristchurchNZ under or in connection with this Agreement shall not exceed an amount equal to the amount specified in this Agreement; and


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(b) The Contractor will not be liable for any indirect or consequential loss, economic loss or damage, loss of profits, loss of revenue, loss of use, loss of contract, loss of production, or business interruption.

11 INSURANCE

The Contractor shall maintain public liability insurance and professional indemnity insurance to a value of not less than one million dollars each and will provide evidence of such insurance on request by ChristchurchNZ from time to time.

12 TERMINATION

12.1 Either party may terminate this Agreement immediately by notice in writing if:

(a) the other party commits any material breach of this Agreement that is incapable of remedy;

(b) the other party fails to remedy any breach of this Agreement capable of remedy within fifteen (15) days of written notice by the non-defaulting party requiring that breach to be remedied; or

(c) there is a commencement of the liquidation or insolvency of the other party (except for the purposes of solvent amalgamation or reconstruction) or upon the appointment of a receiver, liquidator, statutory manager or trustee of property or upon an assignment for the benefit of its creditors or upon that other party being unable to pay its debts in the ordinary course of business.

12.2 Either party may terminate this Agreement by mutual written agreement at any time.

12.3 Upon termination of this Agreement, clauses 7, 8, 10, 13 and all provisions of this Agreement that are intended to continue after termination will continue in full force and effect.

13 DISPUTE RESOLUTION

13.1 No party shall commence any Court or arbitration proceedings related to a dispute arising out of or in connection with this Agreement unless that party has first complied with this clause.

13.2 If a dispute arises in relation to this Agreement the parties agree to enter into negotiations and to use all reasonable endeavours to resolve any dispute between them.

13.3 If the parties cannot agree within one month of entering into negotiations to resolve the dispute, either party may refer the dispute to mediation in terms of the LEADR New Zealand Incorporated standard mediation agreement. Either party may initiate mediation by giving written notice to the other party. The mediator and the mediator’s fee shall be agreed by the parties, but if they cannot agree within five (5) business days after mediation has been initiated, then the mediator shall be appointed and the mediator’s fee determined by the then Chair of LEADR New Zealand Incorporated.

13.4 The provisions of this clause 13 shall not be construed or operate to prevent a party from seeking a temporary restraining order or injunctive or other equitable relief with respect to a breach (or attempted breach) of this agreement by the other party.

14 GENERAL

Force Majeure


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14.1 Neither party (the affected party) will be liable to the other party for any delay or non-performance of the affected party’s obligations under this Agreement arising from any cause beyond the affected party’s reasonable control, provided that:

(a) the affected party promptly notifies the other in writing of the cause and the likely duration of the cause and takes all reasonable steps to remedy or abate the cause; and

(b) the other party may terminate this Agreement immediately on written notice to the affected party if the cause continues for more than 10 days.

Variation

14.2 This agreement may not be varied except by written agreement signed by each party, which agreement will record that it is part of this Agreement.

14.3 The schedules to this Agreement may be amended by a Replacement Schedule(s) signed and dated by both parties.

Relationship

14.4 Both parties agree that in providing the Services, the Contractor is a contractor to ChristchurchNZ and not the ChristchurchNZ’s agent, partner or employee.

Entire agreement

14.5 This Agreement constitutes the entire agreement between the parties relating to the performance of the Services and replaces all earlier negotiations, representations, warranties, understanding and agreements between the parties (whether oral or written) relating to the Services.

Severability

14.6 In the event that any term of this Agreement is subsequently found to be unenforceable, invalid or illegal for any reason whatsoever, the other terms will remain in full force and effect as if this Agreement had been executed without such provision.

Waiver

14.7 No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.

Notices

14.8 Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation will (unless otherwise provided) be in writing and delivered by hand, by prepaid mail, by facsimile or by email to the addresses set out at the front of this Agreement, and will be deemed to have been received at the time when actually delivered if delivered by hand, or upon confirmation of successful transmission if sent by facsimile, or upon receipt of confirmation of delivery if sent by email, or three (3) days after posting if sent by mail.

Law

14.9 This agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.


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Appendix Seven – Pricing Schedule

Please enter the fees for your proposed team. Note that the initial term of this contract is 12 months. Two additional terms of 1 year each may be awarded at ChristchurchNZ sole discretion. Please price the provision of the services in years 2 and 3 as indicative Provisional Sums (PS).

Note: All responses must include a completed Pricing Schedule in the format outlined above to be considered as conforming to the requirements of the RFP

Supplier: _____________________________ Signature: _____________________________ Date: _________________________________

Item Quantity Unit Amount

1. Initial Boulevard of Outrageous Delight Event Management & Delivery Services - 2018

1.1 All required services 1 LS

2. Boulevard of Outrageous Delight Event Management & Delivery Services - 2019

2.1 All required services 1 PS

3. Boulevard of Outrageous Delight Event Management & Delivery Services - 2020

3.1 All required services 1 PS

Add GST

Total


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Appendix Eight – Additional Information

1. Requirement

ChristchurchNZ has commissioned a strategic review of the World Buskers Festival, this review is now completed along with a future options report. This event will now expand and reshape into BoOD and we are now seeking an Event Management & Delivery Company to establish and lead a team to deliver the festival in January 2019.

The Event Management & Delivery Company will recommend how it will bring together a highly skilled events team to deliver the ‘Boulevard of Outrageous Delights – 2019’ against contracted objectives.

The preliminary business case with accompanying budget and objectives of the event and are provided as separate documents.

Vision

The most loved and extraordinary festival in New Zealand.

A way-finding festival that shows off a new city story, set against a backdrop of an old yet reinventing city.

An annual festival that is:

• Bold – where events happen that haven’t happened before • Big – where experiments happen on a civic scale • Beneficial – where the people of the city and region will benefit • Memorable – where we generate global headlines

Mission

Create a playful and sensory experience that awakens New Zealand and the world to Christchurch and the Boulevard of Outrageous Delights.

To offer the world a fun way to rediscover Christchurch Ōtautahi.

Values Essential values for the new festival:

• Inclusive – Leave no-one behind; manaatikanga; everyone is welcome

• Experimental – We’re changing, responding, innovating, year on year

• Exceptional – The festival brand only presents noteworthy, extraordinary

• Funny – People welcoming people to the city – sharing humour and magic.

Purpose of Event

The bottom line reason ChristchurchNZ, Christchurch City Council and other partners would invest in the event is due to a simple two prong purpose:

1. To showcase Christchurch as: a. The platform to connect people


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b. The forum to present ideas c. The laboratory to test new things d. The stage to speak from

2. To attract new and repeat domestic and international tourism visitation.

Commercial Arrangements ChristchurchNZ have existing commercial contracts, both exclusive and preferred, partnership arrangements and service supplier arrangements in place. The Event Management & Delivery Company will need work with the ChristchurchNZ in regard to any sponsorship or supply arrangements. Date of Event Following consultation with Christchurch tourism sector, analysis of weather data, as well as feedback Christchurch City Council, local event organisers and requirements of the local Major Events Strategy it is proposed that the festival takes place in the first quarter of 2019.

Structure of Proposal and Timeframe The successful supplier would commence early April 2018 following a positive response from ChristchurchNZ. They would then work on a contract with an initial term of 12 months, but ChristchurchNZ may decide to renew annually based on key performance indicators (KPI’s) being met including successful financial delivery of the festival. Reporting, Management and Governance The Event Management & Delivery Company would be responsible for forming a team of contractors (or potentially from within their own event company). The Event Management & Delivery Company would report initially on a four-weekly basis to ChristchurchNZ and an Event Advisory Board. Key ‘Boulevard of Outrageous Delights’ Stakeholder Relationships for the Event Management & Delivery Company will be with (note: this is not an exhaustive list): Local Government

• ChristchurchNZ • Christchurch City Council • Other local Councils • ECan

Maori

• Te Rūnanga o Ngāi Tahu • Mana whenua – Ngāi Tūahuriri • New Zealand Maori Tourism

Potential Funders

• Christchurch Foundation • Rata Foundation


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• Creative NZ • Other local and national trusts

Local business

• Tourism sector • Chamber of Commerce • Retail/business/hospitality and accommodation sector

Event enablers

• Police • St Johns • Canterbury District Health Board • Christchurch International Airport Limited • Air New Zealand • Christchurch event organisers

Community

• Residents of Christchurch and Canterbury • Universities and Tertiary institutions

Central Government and Agencies

• Local MPs • NZ Major Events • Tourism NZ • Ministry of Culture and Heritage • Ministry of Business Innovation and Enterprise • Ministry of Conservation • Ministry of Maori Affairs • Sport NZ • Ministry of Foreign Affairs • Education New Zealand

2. Business Capabilities and Requirements/Specification

ChristchurchNZ requires assistance in the following areas to assist with event planning and delivery:

Requirement Anticipated Objectives and Activities Anticipated

Deliverables 1. Recommend a team

of contractors or personnel to deliver the festival.

Show the roles of the team and the expertise to deliver each component, specifically:

• Festival Director • Operations and Logistics • Marketing and

Communication • Sponsorship V l t

Create an effective, high performing team


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2. Generate commercial revenue streams, and assist with securing trust funding

Show how you would approach bringing in the commercial, grants and in-kind revenue budget required.

Deliver $xxx,xxx commercial sponsorship in the first year including a media partner input of $300,000 and grants of $XXX,XX (to be discussed)

3. Event Operations and Logistics

Deliver a complex event on budget: • Plan and deliver the festival

programme content note: a preliminary programme has already been developed

• Manage technical production using locally suppliers where possible, and a mix of international, national and local artists (buskers, performers, artists, music etc)

• Produce a high-quality music component to the event

• Work with the venue(s) to manage the electronic ticketing process as well as accreditation

• Work with the venue(s) to manage general pedestrian logistics and facilities as well as car-parking and transport

• Work with the venue(s) to manage bar, food and merchandise operations and other aspects as required and mutually agreed.

Seamless delivery of all activities

4. Stakeholder Management including Volunteers

• Ensure the Christchurch community is engaged with the event and participate in the unique culture and offering delivered

• Develop the event to satisfy business objectives for tourism and supporting

Stakeholders engaged and participating


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5. Marketing and Communications

• Develop a plan that builds the awareness as well as Christchurch in domestic and international markets.

• Develop a plan that ensures attendance targets are reached.

Marketing and Communications outcomes achieved