246799.pdf

COBB COUNTY PURCHASING DEPARTMENT

122 Waddell Street, NE Marietta, Georgia 30060

(770) 528-8400 /Fax: (770) 528-8428 Email: purchasing @cobbcounty.org www.cobbcounty.org/purchasing

IMPORTANT NOTICE – PLEASE READ CAREFULLY!!

ALL proposals MUST be received at the Cobb County Purchasing Department.

PROPOSALS MUST BE RECEIVED BEFORE 12:00 (NOON) ON

CLOSING DAY

Any proposal received later than 12:00 (noon) will not be accepted. The County accepts no responsibility for delays in the mail. Proposals are to be mailed or delivered to:

122 WADDELL STREET, NE

MARIETTA, GA 30060

All proposals shall be submitted on the Proposal Form. Any revisions made on the outside of the envelope WILL NOT be considered.

PLEASE CHECK proposal specifications and advertisement for document requirements.

Documents/Forms listed below MUST be submitted when required.

Omission of these documents /forms will cause your bid/proposal to be declared NON-RESPONSIVE.

PROPOSAL SUBMITTAL FORM (REQUIRED)

► Official Signature is required on this form guaranteeing the quotation.

CONTRACTOR AFFIDAVIT and AGREEMENT – Exhibit A (REQUIRED) ► Affidavit MUST be signed, notarized and submitted with any proposal requiring the performance of physical services If the affidavit is not submitted at the time of the proposal, proposal will be determined non-responsive and will be disqualified.

BID BOND (NOT REQUIRED)

A “SEALED PROPOSAL LABEL” has been enclosed to affix to your proposal. This label MUST be affixed to the outside of the envelope or package, even if it is a “NO PROPOSAL” response. Failure to attach the label may result in your proposal being opened in error or not routed to the proper location for consideration. No proposal will be accepted after the date and time specified.

Thank you in advance for your cooperation.

http://www.cobbcounty.org/purchasing

PROPOSAL SUBMITTAL FORM

SUBMIT PROPOSAL TO:

Cobb County Purchasing Department 122 Waddell Street NE

Marietta, GA 30060

SEALED PROPOSAL #24-6799

Request for Proposals

Full-Service Ticketing Solution Cobb County PARKS Department

DELIVERY DEADLINE: January 11, 2024 BEFORE 12:00 P.M. (NOON) EST

(NO PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE).

Proposal Closing Date: January 11, 2024 @ 2:00 P.M. in the Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, Georgia, 30060.

BUSINESS NAME AND ADDRESS INFORMATION:

COMPANY NAME:

CONTACT NAME:

COMPANY ADDRESS:

E-MAIL ADDRESS:

PHONE NUMBER: FAX NUMBER:

NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION:

PRINT/TYPE NAME TITLE

TELEPHONE: FAX:

PROPOSER WILL INDICATE TIME PAYMENT DISCOUNT:

PROPOSER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN PROPOSAL

SPECIFICATIONS)

SIGNATURE OF OFFICER ABOVE:

(SIGNATURE)

Proposals received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all proposals, to waive informalities, to reject portions of the proposal, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the State of Georgia.

The enclosed (or attached) proposal is in response to Sealed Proposal Number 24-6799; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned proposer. This offer shall remain open for acceptance for a period of 90 calendar days from the proposal opening date, as set forth in this invitation to proposal unless otherwise specified in the proposal documents.

NOTICE TO PROPOSERS - PROPOSAL QUOTES MUST INCLUDE INSIDE DELIVERY CHARGES

SEALED PROPOSAL LABEL

SEALED PROPOSAL ENCLOSED

DELIVER TO:

Cobb County Purchasing 122 Waddell Street NE

SEALED PROPOSAL # 24 - 6799 DATE: January 11, 2024

PROPOSALS MUST BE RECEIVED BEFORE 12:00 P.M. (NOON)

DESCRIPTION: Full-Service Ticketing Solution

VENDOR: _____________________________________

LABEL MUST BE ATTACHED TO OUTSIDE OF PROPOSAL

PACKAGE

"STATEMENT OF NO PROPOSAL”

122 WADDELL STREET NE

MARIETTA, GA 30060

TO ALL PROSPECTIVE VENDORS:

Because of the many requests to be placed on our vendors' list, we are continuously updating the list.

While we want to include all bona fide vendors, we do not want to mail proposals to those vendors who may no longer be interested in participating in our Request for Proposals (RFP) process.

If you do not choose to respond to the attached RFP, please fill out the form below indicating if you want to be retained on our current vendor list.

Vendors who do not respond in any way (by either submitting a proposal or by returning this form) over a period of one year may be removed from the current vendor list.

Vendors who do not wish to submit a proposal will often return the entire solicitation packet. This is not necessary, and you can return this completed form to purchasing@cobbcounty.org.

Thank you for your cooperation.

Cobb County Purchasing Department

"STATEMENT OF NO PROPOSAL”

Sealed Proposal # 24-6799

Request for Proposals

If you do not wish to respond to the attached Request for Proposals, please complete this form and send to purchasing@cobbcounty.org or by Fax to 770-528-8428

I do not wish to submit a proposal on this solicitation.

I wish to be retained on the vendor list for this commodity and/or service: Yes_____ No ____

Please PRINT the following:

Company Representative

You are invited to list reasons for your decision not to submit a proposal:

mailto:purchasing@cobbcounty.org

REQUEST FOR PROPOSALS

Sealed Proposal # 24-6799

Proposal Closing Date: January 11, 2024

Proposals Are Received in the Cobb County Purchasing Department

Before 12:00 P.M. (Noon) By the Proposal Closing Date

Proposal Will Be Opened in the Cobb County Purchasing Department at 2:00 pm

VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL, THREE (3) COPIES, AND ONE (1)

IDENTICAL ELECTRONIC COPY ON FLASH DRIVE LABELED WITH COMPANY NAME

(UNLESS OTHERWISE SPECIFIED IN PROPOSAL SPECIFICATIONS)

NAME: ________

ADDRESS:

REPRESENTATIVE:

PHONE: FAX:

E-MAIL__________ _____________________________________________________________

NOTE: The Cobb County Purchasing Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposals or subsequent addenda thereto received from a source other than the Cobb County Purchasing Department.

Request for Proposals

Sealed Proposal #24-6799

Introduction

Cobb County Government (“County”) seeks proposals from qualified firms (“Vendor”) to provide a full-service ticketing solution for the Mable House Barnes Amphitheatre (MHBA or “Amphitheatre”) located at 5239 Floyd Road, SW, Mableton, GA 30126. The services to be performed include but are not limited to providing a ticketing service for in-person and online ticket sales at the Amphitheatre. If selected, the awarded contractor will be the exclusive vendor for the Amphitheatre.

Responses must be received by 12:00 PM (noon) on January 11, 2024 at the Cobb County Procurement Services Department located at 122 Waddell Street NE, Marietta, Georgia 30060. Late responses will not be accepted.

Please submit an original, three (3) copies and one (1) identical copy on a flash drive labeled with company name to the Cobb County Procurement Services Department.

Any questions concerning this Request for Proposals (RFP) must be submitted in writing to:

Cobb County Procurement Services Department 122 Waddell Street, NE Marietta, GA 30060 Fax: 770-528-8428 Email: procurementservices@cobbcounty.org

Contract Term

Contract awarded as a result of proposals submitted under this RFP shall be for an initial three (3) year term. Contract is renewable, at the option of the County, and upon written agreement by the Contractor, for an additional three (3) one-year options. The total duration of the contract, including the exercise of any options, shall not exceed six (6) years.

Background Cobb County, Georgia is the owner of the Mable House Barnes Amphitheatre located at 5239 Floyd Road, SW, Mableton, GA 30126. The facility encompasses a covered 1,260 seat proscenium/264 seat table style performing space, 1000 lawn seats (2524 seats total), 4 lead dressing rooms, two 25-person chorus dressing rooms, technical director office, loading docks, lighting and sound equipment, concession/first aid outbuilding, public restroom building, approximately 400 parking spaces and box office building. The Amphitheatre was constructed with State of Georgia Grant Appropriations and funding from the Cobb County Board of Commissioners. The facility is designed to accommodate mailto:procurementservices@cobbcounty.org performances of all types including concerts, musical theatre, dance, symphony orchestras, plays and multi-discipline performances.

Today, the Mable House Barnes Amphitheatre is metro-Atlanta’s only midsize, outdoor concert venue with covered, reserved seating. The Amphitheatre is home to a wide range of events ranging from community festivals, road races, dance recitals, school graduations, corporate events, church events, concerts and much more. The Mable House Barnes Amphitheatre hosts an average of 40 events and welcomes over 50,000 visitors each year during the summer season. The operating season begins the first of May each year concluding during the middle of October the same year.

Scope of Services

The purpose of this solicitation is to establish a term contract to provide all aspects of a full-service ticketing service for the venue, for shows, festivals, etc., including but not limited to:

Revenue

• Revenue formulas and proposals for the Amphitheatre shall include specific details of those submissions and the benefit to the Amphitheatre. The per ticket rebate on the ticket services (including profit for Cobb County Government) shall be annotated.

• The proceeds from the sale of tickets at the box office window or the vendor’s online platform shall be collected and fund held for settlement. Settlement shall be every Monday following the event by electronic transfer to Cobb County Government. All consumer services issued associated with online sales shall be the responsibility of the Vendor.

• The proposal shall address any other revenue potential possible for the Amphitheatre.

• The Amphitheatre shall not incur any costs to set-up the ticketing operations provided by the

Vendor. The Vendor shall supply all hardware and software. Future upgrades to hardware and software shall be provided free of charge. Ticket stock shall be provided at minimal to no charge with free shipping. The Vendor will specify any costs charged per event for altering or removing an event in the ticketing Vendor’s system. This includes but is not limited to ticket sales, marketing support, development, upgrades, and improvements to the ticketing operations.

• Vendor shall supply cost sheets for any optional equipment offered.

Hardware and Software Platform

• The Vendor shall supply the hardware and software for four (4) points of sale locations. Each point of sale shall include a desktop computer capable of offering a view of the sale, a ticket scanner, a credit card reader (capable of touch pay), and any other equipment necessary to operate the ticketing system. Additional scanners shall be provided for all seven (7) entry points into the venue. All equipment shall be from recognized leading manufacturers in their respective industries.

• The Vendor be PCI Compliant for all software and credit card swipers and terminals.

Additionally, all software, swipers or terminals, must employ point to point encryption. All credit merchants utilized with the system, and the accompanying software, shall be PCI compliant as well. The system shall have access to online daily reporting of ticket sales and demographic data in real time, including zip codes.

• All hardware shall be able to operate in an outdoor environment and under temperature extremes. The hardware shall be uncomplicated to set up. The equipment shall also be able to be set up in multiple locations in the facility.

• The Vendor shall explain how their system operates and provide 24/7 technical support.

• The Vendor shall detail any liability which the Vendor shall not be responsible for regarding ticket sales. The Vendor shall supply a list of all credit card merchants with which they are currently compatible. Any computer gateways which must be used shall be notated and gateways which are available to the Amphitheatre shall be highlighted.

The software platform shall perform the following:

• Advance internet, box office, and in-person sales.

• The exporting of seat maps electronically generated by the system.

• Ability to gather customer information from a sold seat.

• Single event entry for multiple date event building.

• Ticket drop counts on demand.

• Single and bulk ticket printing.

• Single and multi-event ticket purchases.

• The removal or alteration of events in the system.

• Support of non-ticketed events.

• Customer look-up.

The software platform will produce the following reports:

• ORG. Sales Summary – event date and name/ticket type/promo type/number of tickets sold and face price totals for online, box office, pre-box, and request purchases, filtered by event date and transaction date, including post-event.

• Promotion/Performance – event name and date/ticket type/access list/promo code/number of tickets sold/percentage of tickets sold/total face price/percentage of total face price, filtered by event date, including post-event.

• Seller/Detail – event/order number/ticket quantity/ticket type/unit price/gross price/method of delivery/POS (point of sale)/transaction date.

• Ticket Counts– event name and date/tickets sold open, held, allotted, and gross sales, filtered by event date and transaction date and inventory types (tickets, parking, show ticket types, show pre-box, and comps).

• Transaction Detail– event/ticket holder’s name/ticket quantity/ticket type/unit price/gross price/order number/method of delivery/POS/transaction date.

• Box Office Summary – name of all cashiers/event name and date/number of tickets/face value/total fees/total sales. Next summary shows methods of payment: Box Office credit card/cash/voucher/vendor’s Visa /vendor’s Mastercard/cashier’s totals and grand totals.

• My Box Office Summary– individual cashier name/event name and date/number of tickets sold/face value/total fees/total sales. Next summary shows methods of payment:

Box Office credit card/cash/voucher/vendor’s Visa/vendor’s Mastercard/ cashier’s total and grand total.

• Zip Codes – Reports listing zip codes sold and scanned by event day.

• Audits– Event-specific and day-specific audits with the capability to research discrepancies and/or counts with the ability to email those to the producer.

• Automated Settlement Reports – Reports with the ability to export the report into

Microsoft Excel or similar provided software.

• Demographics Reports – Reports on patrons with accessibility needs in order to improve the facility, the programming itself and the access to that programming. The system will have access to online reporting of ticket sales and demographic data in Real Time, including zip codes.

Marketing Services

• The Vendor shall host a webpage for the Mable House Barnes Amphitheatre.

• Social media marketing and outreach shall be both regional and national.

• Any other marketing services available from the Vendor shall be provided.

• Other services that the Vendor can provide for the Amphitheatre, such as website development, co-promotion of events, marketing and/or social media support should be referenced.

Customer Service

• The Vendor shall provide technical support for the Amphitheatre and its consumers ensuring system performance and problem resolution. Technical support shall be available 24 hours/7 days per week.

• The Vendor shall provide support services for fraud detection with ticket validation components.

• All customer service locations contact information shall be provided along with hours of operation. Contact information shall include street address, phone number(s), email addresses, and any other means of contact.

Training

• The Vendor shall provide training and support for Amphitheatre personnel in the use of ticket sales (system software interface) and scanning equipment as well as common trouble-shooting procedures. The Vendor shall, at no cost to the County, provide this training on-site with the Vendor’s own personnel present.

• Two (2) annual training periods shall be provided at a minimum, one scheduled in March prior to the concert season beginning, and the other scheduled mid-season in August.

Proposal Format/Content

Proposals shall be prepared simply and economically, providing a straightforward and concise description of the vendor’s ability to fulfill the requirements of the RFP. The following information shall be included in your response. This outline is not all-inclusive, and respondents may add information as deemed appropriate. In order to ensure a uniform review process and to obtain the maximum degree of comparability, responses must be organized and submitted in the following format:

1. Company Background

Provide information on company background to include the following:

• Company name

• Address

• Telephone number

• Website

• Year company was established

• Number of employees

• Corporate structure, history in the market, and personnel. Describe the vendor’s corporate structure in general and specifically as it relates to the ticketing operation.

Provide resumes for all individuals identified as having key roles within the corporation. Provide resumes for all individuals identified as having key roles in the ticketing operation.

• Primary Representative for project (including name, title, address, current telephone number and email address)

2. Staffing

Provide resumes of key personnel that will be assigned to interact with Cobb County including the primary representative listed above. Resumes for all key project personnel shall in the following information:

• Name, specialty, title, and proposed role on the project

• Description of relevant experience with firm (and previous employers) in providing similar services

• Office location where employed

• A synopsis of experience, training or other qualities which reflect the individual’s related experience

3. Experience/Performance

Provide a one (1) page summary, each, for a minimum of three (3) contracts currently held, and the type of services provided under the contract. Include the start date and the length of the contract.

Additionally, describe the venue’s capacity and number of tickets sold for 2021 to 2023, for each contract. Include the average price for the face value of tickets sold for those years. Provide a description of the genre of entertainment the contracts provide service for. This shall include references with current contact information (phone number and email address). Emphasis on venues that are open air or partially covered is preferred. Venues that have both general admission events and reserved seating should be noted.

4. Approach

Provide a detailed description of the intended approach to accomplish the goals of this project as set forth in the Scope of Services. The description shall include details on how the company intends to accomplish all work set forth in the Scope of Service as well as any additional recommendations not covered.

Provide a detailed plan for providing ticketing solutions, training, and reporting for the venue’s 40+ annual events. The plan must include proposed software/hardware, training, reporting, marketing/outreach, and any additional information you want to add to showcase your expertise.

5. Financial Statement

Provide a written copy of your firm’s most recently audited financial statement. Financial statement shall include an income statement and balance sheet.

6. Fee Structure

Provide proposed service fee structure for MHBA ticketed events (e.g., sliding scale fee, flat fee, fee sharing). Proposer may include any proposed revenue sharing in this section as well.

Evaluation Criteria Responses will be evaluated on the information presented in the proposal package and on an analysis of any other available information. The County may conduct such investigations or interviews as it deems necessary to assist in the evaluation of any proposal submitted and to establish to the County’s satisfaction the qualifications of any respondent.

The criteria outlined below and described further hereinafter will be used to evaluate the proposals.

Criteria are listed in no particular order.

Staffing – Evaluation of the list of personnel specifically assigned to the proposed project, including their qualifications, overall experience, and recent experience on projects of similar scope and complexity to the proposed project.

Experience/Performance – Review of past performance on Cobb County projects or other projects of similar nature and complexity as the proposed project; evaluation of client references whether included in the proposal response or not.

Approach – Evaluation of the overall understanding of the scope of the proposed project;

completeness, adequacy, and responsiveness to the required information of the RFP.

Financial Stability – Financial Stability of the top proposer(s) will be evaluated by the Finance

Department in the following areas: Liquidity Ratios (1 point); Financial Leverage Ratios (2 points); Profitability Ratios (1 point); and whether an audited or reviewed Financial Statement is submitted with Proposal (1 point). A maximum of 5 points may be awarded. Proposers who receive a score of 2 points or less will not be considered for award.

Fee Structure – Evaluation of the proposed service fee structure including overall favorability to the County and the patrons of the Amphitheatre.

Cobb County General Instructions for Proposers, Terms and Conditions

I. Preparation of Proposals

Each proposer shall examine the drawings, specifications, schedule, and all instructions. Failure to do so will be at the proposer’s risk, as the proposer will be held accountable for their proposal response.

Unit price for each quotation shall be shown and such price shall include packing unless otherwise specified, along with a total and grand total where applicable. In case of discrepancy between a unit price and extended price, the unit price will be presumed correct.

Each proposer shall furnish all information required by the proposal form or document. Each proposer shall sign the proposal and print or type his or her name on the schedule. The person signing the proposal must initial erasures or other changes. An authorized agent of the company must sign proposals.

Requests for Proposals (RFP) issued by Cobb County are advertised on the Cobb County Internet site (www.cobbcounty.org/procurement-services), and on the Georgia Procurement Registry, and every Friday in the Cobb County legal organ, the Marietta Daily Journal.

II. Delivery

Each proposer should state time of proposed delivery of goods or services. Words such as “immediate”, “as soon as possible”, etc. shall not be used. The known earliest date or the minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if calendar days are used, include Saturday, Sunday, and holidays in the number).

III. Explanation to Proposers

Any explanation desired by a proposer regarding the meaning or interpretation of the Request for Proposal, drawings, specifications, etc. must be received in writing by 5:00 PM on January 2, 2024 in order for a reply to reach all proposers before the close of the bid. Any information concerning an RFP will be furnished to all prospective proposers as an addendum to the invitation if such information is necessary or if the lack of such information would be prejudicial to uninformed proposers.

Submit questions in writing to:

Cobb County Procurement Services Department 122 Waddell Street NE Marietta, GA 30060 Fax: 770-528-8428

Email: procurementservices@cobbcounty.org

The written proposal documents supersede any verbal or written communication between parties.

Addenda are posted on the Procurement Services web site: www.cobbcounty.org/procurement-services Receipt of addenda should be acknowledged in the submitted proposal. It is the mailto:procurementservices@cobbcounty.org http://www.cobbcounty.org/procurement-services http://www.cobbcounty.org/procurement-services proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.

IV. Submission of Proposals

Proposals shall be enclosed in a sealed package, addressed to the Cobb County Procurement Services Department with the name and address of the proposer, the date and hour of opening, and the request for proposal number on the face of the package. Telegraphic/faxed proposals will not be considered. Any addenda shall be enclosed in the sealed envelopes as well. All bids shall be submitted on the Bid Proposal Form. Any revisions made on the outside of the envelope will not be accepted.

Unsigned proposals will not be considered.

Cobb County is exempt from federal excise tax and Georgia sales tax with regards to goods and services purchased directly by Cobb County. Suppliers and contractors are responsible for federal excise tax and sales tax, including taxes for materials incorporated in county construction projects. Suppliers and contractors should contact the State of Georgia Sales Tax Division for additional information.

Except as otherwise provided by law, information submitted by a proposer in the proposal process shall be subject to disclosure after proposal award in accordance with the Georgia Open Records Act. Proprietary information must be identified with the appropriate affidavit as required by the Georgia Open Records Act. Marking an entire proposal as proprietary will be neither accepted nor honored.

Each Proposer is required to keep the contents of their proposal confidential once it is submitted until the award to the successful Proposer is made. Releasing any information regarding the proposal to third parties or the media prior to the conclusion of the selection process will be immediate grounds for the County to reject the proposal as non-responsive.

V. Withdraw Proposal Due to Error

The proposer shall give notice in writing of his claim of right to withdraw his proposal without penalty due to an error within two (2) business days (48 hours) after the conclusion of the proposal opening. Proposals may be withdrawn from consideration if the price was substantially lower than the other proposals due solely to a mistake therein, provided the proposal was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the proposal, which unintentional arithmetic or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the proposal sought to be withdrawn. The proposer’s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his proposal. If a proposal is withdrawn under the authority of this provision, the lowest remaining responsive proposal shall be deemed to be low proposal. Proposal withdrawal is not automatically granted and will be allowed solely at the discretion of Cobb County.

No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was submitted.

VI. F.O.B. Point

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the filing for loss or damages. The invoice covering the items is not payable until the items are delivered and the contract of carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related charges either by payment or allowance.

VII. Patent Indemnity

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee.

VIII. Award

Award will be made to the highest scoring responsive and responsible proposer according to the criteria stated in the proposal documents and only after approval of the County Board of Commissioners. Award will be made in writing to the successful proposer. The County may make such investigations or obtain such clarifications as it deems necessary to determine the ability of the proposer to perform, and the proposer shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any proposal if the evidence submitted by, or investigations of such proposer fails to satisfy the County that such proposer is properly qualified to carry out the obligations of the contract.

The County reserves the right to reject or accept any or all proposals for any reason and to waive technicalities, informalities and minor irregularities in the proposals received in the County’s sole discretion and best interest. The County reserves the right to make an award as deemed in its best interest which may include awarding a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the proposal, or none of the proposal to single or multiple proposers, based on its sole discretion of its best interest.

Time payment discounts will be considered in arriving at net prices and in award of proposal.

It is the intent of Cobb County Government to award all contracts in a manner that promotes fair, equitable treatment of all contractors and sub-contractors without regard to race, color, creed, national origin, gender, age, or disability.

IX. County Furnished Property

The County will furnish no material, labor or facilities unless so provided in the RFP.

X. Rejection of Proposals

Failure to observe any of the instructions or conditions in this request for proposal may constitute grounds for rejection of proposal.

XI. Contract

Upon submitting a proposal in response to an RFP containing a Cobb County Sample Contract as part of the requirements, it is understood that the proposer has reviewed the documents with the understanding that Cobb County requires that the successful proposer(s) shall enter into a contract that is substantially the same as the Sample Contract unless modified by agreement of the parties. If any exceptions are taken to any part of the Sample Contract, each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, it is assumed that the proposer fully agrees to the Sample Contract in its entirety. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final contract, and the County reserves the right to make changes to the Sample Contract. In no event is a proposer to submit its own standard contract terms and conditions as a response to this RFP.

Each proposal is received with the understanding that selection as the successful proposer by the County does not constitute a written contract between the successful proposer and the County, but shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in accordance with the conditions of said accepted proposal upon execution of a written contract with the County authorized by the County Board of Commissioners and signed by the Chairman.

Once a contract is executed by the proper authorities for each party, the County, on its part, may order from such contractor, and except for cause beyond reasonable control, pay for, at the agreed prices, all articles specified and delivered.

XII. Delivery Failures

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Procurement Services Director, or failure to make replacements of rejected articles/services when so requested, immediately or as directed by the Procurement Services Director, shall constitute authority for the Procurement Services Director to purchase in the open market or rebid for articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Procurement Services Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such an amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Procurement Services Director.

XIII. Non-Collusion

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

(a) The prices in the proposal have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor.

(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor

(c) No attempt has been made, or will be made, by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

Collusion and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department.

XIV. Conflict of Interest, Etc.

By submission of a proposal, the proposer certifies, under penalty of perjury, that to the best of its knowledge and belief:

1. No circumstances exist which cause a Conflict of Interest in performing the services required by this RFP, and

2. That no employee of the County, nor any member thereof, not any public agency or official affected by this RFP, has any pecuniary interest in the business of the responding firm or his sub-consultant(s)has any interest that would conflict in any manner or degree with the performance related to this RFP.

The responding firm also warrants that he and his sub-consultant(s) have not employed or retained any company or person other than a bona fide employee working solely for the responding firm or sub-consultant(s) to solicit or secure a contract agreement with Cobb County, as related to this RFP, and that he and his sub-consultant(s) have not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the responding firm or his sub-consultant(s) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award of this Agreement.

For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration.

The successful responding firm shall require each of its sub-consultant(s) to sign a statement certifying to and agreeing to comply with the terms of the subsections above.

XV. Default

The contract may be cancelled or annulled by the Procurement Services Director in whole or in part by written notice of default to the contractor upon non-performance or violation of any contract term. An award may be made to the next highest rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to those terminated or the County may issue a new Request for Proposal. In any event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on its proposal, unless extended in writing by the Procurement Services Director, shall constitute contract default.

XVI. Disputes

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the contract which is not disposed of shall be decided after a hearing by the Procurement Services Director who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Procurement Services Director shall be final and binding, however, the contractor shall have the right to appeal said decision to a court of competent jurisdiction.

XVII. Substitutions

Proposers offering and quoting on substitutions or who are deviating from the attached specifications shall list such deviations on a separate sheet to be submitted with their proposal.

The absence of such a substitution list shall indicate that the proposer has taken no exception to the specifications contained therein.

XVIII. Ineligible Proposers

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in removal from the list under that commodity.

XIX. General Information

Sealed proposals, with original signatures, will be accepted by the County Procurement Services Department at the time, place, and date specified. One (1) original, three (3) copies, and one (1) flash drive of the proposal must be submitted, complete with a cover letter signed by an official within the organization who has authority over project negotiation.

These proposals must be in accordance with the purposes, conditions, and instructions provided in this RFP. The Cobb County Board of Commissioners assumes no responsibility for proposals received after the submission time, whether due to mail delays or any other reason. Proposals received after the submission time will be filed unopened and considered non-responsive.

As previously stated under IV, unsigned proposals will not be considered.

Cobb County reserves the right to retain all proposals submitted, and to use any idea in any proposal regardless of whether that proposal is selected. All work performed by the successful respondent shall be performed in compliance with the Americans With Disabilities Act.

XXI. Uniformity of Proposal

To facilitate comparative analysis and evaluation of proposals it is desired that a uniform format be employed in structuring each proposal. The respondent’s degree of compliance with the requirements of the RFP will be a factor in the subsequent point-based evaluation of the proposal.

Proposals with major deviations or omissions may not be considered for detailed study.

Proposals will become part of the contract with Cobb County should they be selected under the

RFP.

XXII. Request Additional Information

Inquiries that must be answered in regards to the Proposal procedures or technical matters must be submitted in writing via U.S. Mail or facsimile or email to:

Cobb County Procurement Services Department

Marietta, GA 30060 Fax: (770) 528-8428 Email: procurementservices@cobbcounty.org

Cobb County will not orally or telephonically address any question or clarification regarding specifications or procedures. Cobb County is not bound by any oral representations, clarifications, or changes made to the written specification by County employees, unless such clarification or change is provided to the respondent in written addendum from Cobb County.

XXIII. Firm Prices

Prices quoted by proposal shall be firm and best prices. Prices quoted must be valid for a minimum of ninety (90) days from the date of bid opening.

XXIV. Proposal/Presentation Costs

The cost for developing a proposal will be borne by the respondent. Cobb County is not liable for any costs incurred by the respondent in preparation and/or presentation of proposals in response to this RFP or for travel and other costs related to this RFP.

XXV. Proposal Format

Presentation of the relevant information is at the discretion of the respondent; however, the proposal must address all items identified in Section Titled, Proposal Requirements. To assist in the evaluation of proposals resulting from the RFP, it is recommended that each proposal be written in a concise and forthright manner and that unnecessary marketing statement and materials be avoided.

XXVI. Indemnification

By submitting a Proposal, the Proposer hereby agrees to indemnify, defend and hold harmless the County, its departments, employees and the Board of Commissioners from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage, including but not limited to intellectual property claims, arising directly or indirectly from the submission of the Proposal hereunder, but only to the extent such claims are caused by the negligence, recklessness or intentionally wrongful conduct of the Proposer or its agents, employees, associates, subcontractors or others working at the direction of Proposer. This indemnification obligation survives beyond the submission date of the Proposal and the dissolution or, to the extent allowed by law, the bankruptcy of the Proposer.

XXVII. Indemnification/Hold Harmless

The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the County and the County's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, expenses, and liability of any kind whatsoever, including but not limited to attorneys' fees and other legal expenses, (“Liabilities”) to the extent caused by or resulting from negligence, recklessness, or intentionally wrongful conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to the party or person described in this Section XXVII.

In any and all claims against an Indemnified Party or Indemnified Parties by an employee of the Contractor, its subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section XXVII shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor, or its subcontractors, under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.

This obligation to indemnify, defend and hold harmless the Indemnified Party and Indemnified Parties shall survive the expiration or termination of this Agreement provided that the claims are based upon or arise out of acts or omissions that occurred during the performance of this Agreement.

XXVIII. Confidentiality

Contractor acknowledges that it may receive confidential information of the County and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the County. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of County information whether specifically deemed confidential or not.

Contractor acknowledges that the County’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18- 72(a)(34) related thereto.

XXIX. Local Vendor Presence (LVP) Program -Not Applicable

XXX. Proposal Evaluation

The County will use a specific set of criteria for the qualitative evaluation of competitive proposals. The structure of the evaluation will be to assign points to each response in a number of categories. A non-response to a specific category will result in no points being awarded for that category. Final rankings will be based on a combination of price (where applicable) and qualitative factors.

The evaluation by any Selection Committee will be based on the criteria listed on Page 7.

All proposal requirements must be met, or capable of being met by the responding firm or the proposal will be disqualified as non-responsive. It is extremely important that project schedules are met. Only those firms or teams with the necessary resources and a commitment to complete all project work on schedule should submit a Proposal.

XXXI. Multi-Year Contract Provisions

The successful respondent will be required to enter into a contract containing the provisions as required by Georgia law pertaining to multi-year contracts. The following is a sample of the provision and will be adjusted as to the term or as to the length of the contract.

This contract shall terminate absolutely and without further obligation on the part of Cobb County at the close of the calendar year in which it was executed, and at the close of each succeeding calendar year for which it may be renewed as provided in O.C.G.A. Section 36-60-13. The contract shall automatically renew for each of the remaining calendar years provided for in the contract, unless positive action is taken by Cobb County to terminate such contract, and the nature of such action shall be written notice provided to the consulting firm within sixty (60) days before the end of the initial year of the contract or each succeeding remaining calendar year.

This contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of Cobb County under this contract.

XXXII. Termination for Convenience

The successful Proposer will be required to enter into a contract containing a provision for termination of the contract for the County’s convenience. The following is a sample of the provision.

The County, by written notice, may terminate this contract, in whole or in part, when it is in the County’s interest. If this contract is terminated, the County shall be liable only for goods or services delivered or accepted. The County Notice of Termination may provide the contractor thirty (30) days prior notice before it becomes effective. However, at the County’s sole option a termination of convenience may be effective immediately and may apply to delivery orders (if applicable) or to the contract in whole.

XXXIII. Proposal Requirements

The respondents must demonstrate competence and experience in the area of expertise outlined in this Request for Proposal.

If required, respondents must demonstrate competence and experience in public speaking and graphic presentations for the purpose of conveying project information to large and diverse community groups. Respondents should also be able to demonstrate the ability to build consensus among public and private interest groups related to this project.

XXXIV. Cover Letter/Executive Summary

Respondents shall provide a cover letter or letter of transmittal to briefly summarize the company’s interest and relevant qualifications for the project. This letter shall not exceed two

(2) pages, and shall be signed by an agent of the responding firm who is authorized to negotiate the details of the proposed services.

XXXV. Project Team

Respondents…