2607RFP_-_Fire_Station_#1_Restaurant_Development.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is seeking proposals from qualified respondents with industry knowledge, local expertise, and essential resources needed to convert Fire Station One into a fully equipped sit-down restaurant(s) and lounge establishment.

1.2. Background

The historic Fire Station One is located at 301 Beach Street in Daytona Beach. This 100-year-old building, with its rich heritage and unique architectural features, offers an exceptional canvas for conversion into a vibrant full-service restaurant.

Historical Significance: Fire Station One is not just a building; it represents a piece of Daytona Beach’s history.

By transforming it into a restaurant, we can preserve its legacy while welcoming a new generation to appreciate its charm.

Prime Location: Located on Beach Street, this site enjoys high visibility and heavy foot traffic, attracting both locals and tourists. Recently opened just steps away is the $32 million Riverfront Esplanade, a family-friendly gathering space that features waterfront running trails, comfortable benches, swings, a dog park, an agility course, and a state-of-the-art splash pad. Additionally, the famous Jackie Robinson Ballpark, just a one-minute walk away, is currently undergoing a $30 million renovation and welcomed 140,000 visitors last season. With its close proximity to the beach and popular attractions, a restaurant in this location would benefit from a consistent influx of potential customers.

Ample Space: With 8,000 sq. ft. of adaptable space, there is ample room to create an inviting dining atmosphere, an open kitchen, and potentially outdoor seating. The layout allows for creativity in design, from casual dining to an upscale experience.

Parking Convenience: The property includes 44 dedicated parking spaces, and on-street parking is available in the surrounding area, alleviating one of the most significant concerns for restaurant accessibility. This feature enhances the potential for high customer turnover and convenience.

Community Hub: Establishing a restaurant here would not only create a culinary destination but also serve as a community hub where friends and families can gather. It can host events, promote local artists, and become a staple of community engagement.

1.3. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@codb.us

Phone: (386) 671-8082

Department:

Business Enterprise Management mailto:purchasing@codb.us tel:(386)671-8082

Request For Proposal #2607RFP Title: 2607RFP - Fire Station #1 Restaurant Development

1.4. Timeline

Release Project Date December 9, 2025

Pre-Proposal Meeting (Non-Mandatory) December 17, 2025, 11:00am

Join the meeting now

Meeting ID: 236 886 672 510 71

Passcode: Lq9XN7fL

Dial in by phone

+1 312-667-7230,,943352765# United States, Chicago

Phone conference ID: 943 352 765# https://teams.microsoft.com/meet/236886672510

71?p=yIVxKWnpyWWkEOViQY

Question and Request for Interpretation

Submission Deadline

February 3, 2026, 5:00pm

Proposal Submission Deadline February 10, 2026, 3:00pm

Join the meeting now

Meeting ID: 288 992 312 820 34

Passcode: Nq3bJ6Co

Dial in by phone

+1 312-667-7230,,729999998# United States, Chicago

Phone conference ID: 729 999 998# https://teams.microsoft.com/meet/288992312820

34?p=19aBqRqgjsH6b1hoBy

2. DEFINITIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY

MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL

PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this

Solicitation:

https://teams.microsoft.com/meet/23688667251071?p=yIVxKWnpyWWkEOViQY https://teams.microsoft.com/meet/23688667251071?p=yIVxKWnpyWWkEOViQY https://teams.microsoft.com/meet/28899231282034?p=19aBqRqgjsH6b1hoBy https://teams.microsoft.com/meet/28899231282034?p=19aBqRqgjsH6b1hoBy

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bid means Solicitation Submission, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract.

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any Contract that accompanies the NOI.

Offer means Solicitation Submission, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

Proposal means Solicitation Submission, or Bid, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF WORK

3.1. Scope of Services

As part of this request for proposal, the City will review all proposals with the understanding that one or more

Proposers may be selected to negotiate a lease for the restaurant operations.

All improvements, fixtures, equipment, and supplies installed or constructed shall be the property of the City upon any termination of the negotiated lease. The selected Company shall assume all risk of damage or loss to all property within the structure. The selected Proposer must provide insurance coverage in the limits specified in the draft agreement.

The selected Company will pay the City a lease fee to be negotiated in the final lease. The anticipated lease will be a net lease in which the tenant will pay all operating expenses except for structural repairs.

The selected Company shall be responsible for operations, marketing and advertising, staffing, cleaning, and maintenance within and around the structure, as well as obtaining all required permits and licenses.

Because of the historic nature of the building, the selected Developer will be informed of any restrictions, and all improvements must have written approval from the City.

3.2. Project Goals

The City of Daytona Beach is seeking a qualified and visionary partner to redevelop Historic Fire Station

One into a signature dining establishment that celebrates the building’s architectural character, honors its historical significance, and contributes to the vibrancy of the surrounding area.

This initiative aligns with the City’s ongoing efforts to enhance quality of life, attract both residents and visitors, and support economic development through creative reuse of unique historic assets. Inspired by similar national successes—such as restaurants located in converted firehouses and civic buildings—the

City envisions a restaurant that blends history, hospitality, and community into one unforgettable experience.

Key Goals of the Project Include:

• Historic Preservation with Modern Functionality

Retain and highlight the architectural integrity of Historic Fire Station One while adapting it for high-quality restaurant use. Proposals should demonstrate sensitivity to the building’s original features while integrating modern kitchen, dining, and accessibility requirements.

• Destination Dining Experience

Establish a restaurant that not only serves exceptional cuisine but also acts as a destination, drawing patrons from across the region. Concepts that include indoor-outdoor seating, lounge experiences, or other experiential elements are highly encouraged.

• Cultural and Community Connection

Leverage the historic setting to create a space that feels authentic and meaningful. The restaurant should enhance the sense of place on Beach Street and serve as a community gathering spot where locals and visitors alike can connect.

• Architectural Identity and Coastal Charm

Building improvements should be consistent with the area’s coastal aesthetic while respecting the original firehouse structure. Materials and design elements should blend modern sophistication with historic charm.

• Outdoor Enhancements and Streetscape Integration

Landscape and exterior improvements should complement the building façade and create a welcoming, visually engaging street presence.

• Signage and Wayfinding

Signage should be thoughtfully integrated into the design and must comply with the City’s Land

Development Code. Proposers are encouraged to include signage concepts and suggested placements that align with both branding and regulatory requirements.

• Code Compliance and Maintenance

All improvements must be approved by the City and meet applicable codes. The selected proposer will be responsible for all interior upgrades, décor, and ongoing maintenance, ensuring the facility remains attractive, clean, and operational throughout the lease term. The selected proposer would also be responsible for ensuring that the premises are in good condition and repaired and maintained in a neat, sanitary, and orderly manner, complying with all applicable

City, County, and State regulation. The proposer would bear the expense of any and all painting and decorations furnished to the interior of the building and of all custodial services.

By transforming Historic Fire Station One into a one-of-a-kind restaurant, the City of Daytona Beach aims to preserve a treasured landmark, activate the Beach Street corridor, and offer a new culinary experience that enhances the downtown fabric and reflects the City’s dynamic coastal identity.

3.3. Operation

The selected Proposer will be responsible for all operating expenses included but not limited to; marketing and advertising; staffing; cleaning; security; cost of utilities including but not limited to electric, water, natural gas or LP gas; sanitary and storm sewer; refuse collection; cable or satellite TV service; a/c maintenance; kitchen and bar equipment maintenance; interior floors, walls, and ceiling maintenance;

restroom maintenance; and any other interior maintenance not enumerated, and obtaining all required permits and licenses.

The facility must be open for business 364 days per year. Established hours must be pre-approved by the

City and must be in line with both standard business hours for businesses within this industry. The

Proposer must acquire their own liquor license, if applicable, which will be paid for and maintained by

Proposer. The Proposer will pay all federal, state, and local taxes in connection with the lease, including sales tax due on the rental of the facility and the sale of food, beverage and possible retail, as well as employment taxes and other federal taxes.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Bidder must have an active, permanent, and successful operation for a minimum of three years prior to the date of submission of Bids, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested

Services.

The City will consider Proposals from Proposers who clearly demonstrate the ability, background, and financial strength necessary to be successful in this endeavor. To qualify for consideration, respondents must submit a

Proposal that shows, at a minimum, the experience and credentials listed in Section 3: Scope of Work, and

Section 8: Evaluation Criteria.

Note: The selected Company must be incorporated under the laws of the State of Florida prior to lease award.

4.2. E-VERIFY

E-Verify. - The Proposer (and its subcontractors) have an obligation to utilize the U.S. Department of

Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the

Proposer certifies that it is registered with, and uses, the E-Verify system for all newly hired employees.

The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

This section serves as notice to the Proposer regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the City’s obligation to terminate the contract if it has a good faith belief that the Proposer has knowingly violated section 448.09(1), F.S. If terminated for such reason, the

Proposer will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the

Proposer and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

4.3. RESTRICTIONS, PROHIBITIONS

A. A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Proposal to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit a Proposal on leases of real property to a public entity; may not be awarded or perform work as a Contractor, Supplier, subcontractor or Consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted

Vendor List.

B. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a Proposal to provide goods or services to a public entity; may not submit Proposal with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

C. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible Contractor may not submit a Proposal or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

D. No funds received pursuant to this Agreement may be expended for lobbying the Florida

Legislature, judicial branch or any state agency.

5. GENERAL CONDITIONS

THIS IS NOT A BID. This is a Request for Proposals issued in accordance with The City of Daytona Beach

Code Chapter 30, Division 3, “Source Selection and Contract Formation”. The Request for Proposal specifies the product(s) or services needed and lists the criteria upon which the Proposals will be evaluated. When received, Proposals will be reviewed and ranked in order, beginning with the one deemed most advantageous to the City. Negotiations will commence with the selected Proposer(s). Upon completion of satisfactory negotiations, the Contract negotiated as the best will be recommended to the

City Commission. A copy of Chapter 30 may be obtained upon request.

5.1. ELECTRONIC PLATFORM

To ensure consideration of your Proposal, please follow these instructions.

The City will only accept online Proposals for this Solicitation through the Platform accessible through

Opengov, the City's online procurement Platform. All solicitations can be accessed through the City’s website: www.codb.us/841/Purchasing under the link to “Public Solicitation”, then by selecting the proper solicitation.

No other forms of online Proposals will be accepted. All Proposals not in compliance with the conditions specified herein are subject to rejection.

Interested Proposers shall contact OpenGov Procurement Support related to any inquiries related to the software. Proposers may contact Support via the blue chat bubble in the bottom right corner of an

OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

5.2. REQUESTS FOR INTERPRETATIONS

If the Proposer is in doubt as to the meaning of any of the Solicitation Documents or other Exhibits included in this Solicitation, the Proposer may submit a question through the Platform. Such requests must be received by the deadline communicated in the Timeline in the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests.

5.3. ADDENDA TO SOLICITATION DOCUMENTS

Prior to Solicitation opening, the City may, on the City’s own initiative or in response to a request for clarification, furnish Addenda, or answer questions via the Platform for additions or alterations to the

Solicitation Documents previously supplied by the City. In addition, the City may by Addendum extend the date scheduled for Solicitation opening. The Purchasing representative will make reasonable efforts through the Platform to notify all potential Suppliers of the issuance of an Addendum. The City’s

Purchasing web site address is www.codb.us/841/Purchasing; Addenda may be found under the “Public

Solicitations” link.

Any clarification or interpretation issued by the City in the form of a written Addendum will be deemed to be a part of the Solicitation Documents. No oral clarification or interpretation will be binding. However, the Proposer is solely responsible for ensuring that the Proposal submitted reflects all such

Addenda/Questions and Answers.

https://procurement.opengov.com/portal/codb/projects/177066/document?section=1627728

5.4. EXECUTION OF OFFER

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

All electronic files uploaded must be in a common format accessible by software programs the City uses.

Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file.

Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

5.5. WITHDRAWAL OF OFFERS

The Proposer may withdraw their submission and resubmit anytime until the specified opening date and time, (i.e., the end of the Offer Phase). Once the Offer Phase has ended the City will be able to view the submissions and begin the evaluation of all Proposals received.

Mere negligence on the part of the Proposer in preparing the Offer does not constitute a right to withdraw the Proposal after opening.

5.6. OPENING DATE

The opening of Proposals will be scheduled at the date and time specified by the Solicitation, or as changed by Addenda or response that the City may issue. At opening, the City will open and record the Proposals so long as they are proper and have been timely submitted. In recording the Proposals, the City will state the name of the Proposer. The Tabulation Sheet will be created on the Platform by the Purchasing representative. The Proposer is solely responsible to ensure that the Proposal is submitted online prior to the end of the Offer Phase. Late Submissions will not be accepted.

5.7. COOPERATIVE PURCHASING

All Proposers awarded Contracts from this Solicitation are required to permit governmental entities to participate in the Contract under the same terms, and conditions except those allowances may be made for differences in delivery costs.

5.8. GENERAL REVIEW PROCEDURES

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach, sets forth the general review procedures for competitive sealed Offers. Under the Purchasing Code, the City Manager is required to evaluate and rank Responsive Proposals in accordance with the criteria identified in the Solicitation.

Before submitting a recommendation for final action on this Solicitation to the City Commission, the City

Manager is authorized to “shortlist’ and negotiate with one or more of the Proposers who submitted the highest ranked Proposals. As part of these negotiations, the City Manager may request revised Offers from shortlisted Proposers.

The City Manager has adopted a policy delegating the task of initially ranking Responsive Offers to a

Selection Committee. The Selection Committee may require personal interviews with Proposers before submitting its recommendations to the City Manager.

5.9. REJECTION OF OFFERS

The City reserves the right to reject any or all Proposals in whole or in part and to award by items, parts of items, or by any aggregate group of items specified. The City also reserves the right to waive technical defect when in its judgment the best interests of the City thereby will be served.

5.10. AWARD

The award will be made by the City to the Proposer most qualified and offering the best value to the City, which will be determined by evaluation of Proposals using the evaluation criteria contained in the

Solicitation, and in accordance with applicable rules and regulations governing the purchase and Contract adopted and established by the City, and the State of Florida.

Any Contract resulting from this Solicitation may, in the alternative, be awarded by the City of Daytona

Beach Community Redevelopment Agency (CRA). Therefore, any Offers submitted in response to this

Solicitation shall be deemed to be Offers to the CRA as well as the City. Any final written contract may be with the CRA instead of the City, and in such instances, any required insurance, performance and payment bonds, may be required to run in favor of the CRA in addition to or in lieu of the City.

5.11. SELECTION PROCESS

For the purpose of selecting the most qualified Proposal, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

A. The City will advertise and email notice of formal Requests for Proposals to interested Proposers.

The City’s Selection Committee will review, rank, and shortlist all Proposals received by the established deadline for submission. Oral presentations by the short-listed Proposers to clarify their Offers may be required. These presentations will serve to explain implementation techniques integral to the written Proposal. Subsequent to the receipt of Proposals, the City may schedule a time for each requested oral presentation at a place convenient to the City.

B. The City’s Selection Committee will then rank each Proposal and prepare a recommendation for approval by the City Manager. Upon receipt of the City Manager’s approval, the City’s Project

Manager shall negotiate a contract with the highest ranked Proposer(s) approved by the City

Manager. Should the Project Manager be unable to negotiate a satisfactory contract with the any of the shortlisted Proposers, the City Manager, or designee, shall terminate such negotiations with any or all of the shortlisted Proposers and begin negotiations with remaining Proposers based on ranking, until negotiations are successful or this Solicitation is cancelled.

C. The City Commission has the sole authority to bind the City to the terms and conditions of a contract that has been approved in a public meeting of the City Commission. The City

Commission reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.12. LICENSES, PERMITS, AND FEES

All Proposals submitted shall include in the price the cost of any business or professional licenses, permits or fees required by the City and any agency having jurisdiction over the Services solicited through this

Request for Proposal.

5.13. PATENT INFRINGEMENT

By submission of a Proposal, the Proposer certifies that the Services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Proposer shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

5.14. TAXES

All Proposals shall be exclusive of federal taxes. Tax exemption certificates will be furnished upon request.

5.15. FLORIDA PUBLIC RECORDS LAW

Sealed Offers received by the City pursuant to the Request for Proposals will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. F.S. §119, states that Offers are not public record for 30 days from the date of the opening of the Offers or the date a Notice of Intent to Award is posted, whichever is first. Thereafter, all Offers will be open for a personal inspection by any person pursuant to Public Records Law.

If the Proposer believes that the Offer or any portion thereof is permanently exempt from disclosure under the public records laws, the Proposer must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Offer opening. The Proposer will be contacted prior to the opening of the Offer and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Proposer may in writing request the return of the sealed Proposal.

5.16. QUALIFYING PROPOSERS

Prior to awarding of Offer, the City may require submission by Proposer of complete financial statement and questionnaire describing Proposer’s financial ability and experience in performance of similar work.

5.17. RULES AND REGULATIONS

All work performed under this agreement shall be in strict compliance with local, State and Federal laws, rules and regulations. Proposer shall assume all liability for fines and penalties assessed by the authorities for any infractions.

5.18. NO COSTS

The City of Daytona Beach bears no responsibility for any costs incurred in the preparation of the

Proposal.

5.19. INTERNET/WEB SERVICES

For the purposes of this paragraph, any Services or products offered to the public via the internet or online must comply with WCAG 2.0 AA in order to be deemed ADA compliant. The City will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the City is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice, or other governmental entity tasked with the enforcement of the ADA ("Enforcement Agency") notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this

Agreement, Contractor shall, at no additional charge or cost to the City, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the City against any and all claims, sanctions, or penalties assessed against the City, which claims, sanctions, or penalties arise or otherwise result from the Contractor's failure to comply with the ADA or WCAG 2.0 AA, for online or internet services or products.

5.20. DRUG FREE WORKPLACE

The selected Proposer must provide the Drug Free Workplace Form in accordance with Florida Statute

287.087, prior to Contract award.

5.21. PROHIBITION OF LOBBYING

Except for negotiations authorized by the City Purchasing Code, the Consultants Competitive Negotiations

Act, or other state or federal law, lobbying by the Proposer, or the Proposer’s principals, officers, employees, attorneys, or other agents, is strictly prohibited during the Blackout Period. Lobbying in violation of this section may cause the Offer to be rejected. “Lobbying” means influencing or attempting to influence action or non-action in connection with this Solicitation or the Offer, through direct or indirect oral or written communication with the Mayor, any member of the City Commission, the City Manager, or any other City employee.

The following activities are not within the definition of “lobbying,” and are permitted: requests for clarification submitted to the Purchasing Agent in accordance with this Solicitation, discussions with the

Selection Committee as part of the selection process, the submission of additional information in response to a request by the City and addressing the City Commission during the City Commission meeting at which the Contract is awarded, or all Offers are rejected.

The Blackout Period begins on the date that this Solicitation is issued and ends when the Contract is awarded or all Offers are rejected.

6. INDEMNIFICATION & INSURANCE REQUIREMENTS

6.1. Indemnification

Proposer’s Indemnity. Proposer hereby indemnifies and holds harmless Landlord, including Landlord’s officers, employees, and agents, from and against all actions, damages, liabilities and expenses (including reasonable attorneys' fees and court costs), and other claims, including for loss of life, bodily or personal injury or property damage or destruction: (i) arising from or out of any occurrence in, upon, at or from the

Premises; (ii) arising from the occupancy or use by Proposer of the Premises; (iii) caused by any act or omission by Proposer, or Proposer’s officers, employees, contractors, agents, licensees, concessionaires, guests, invitees or patrons; or (iv) resulting from a breach of this Lease by Proposer; except Proposer shall not have to indemnify and hold harmless Landlord if such claim, damage, loss, and expense is the result of the negligence or misconduct of Landlord or of anyone directly or indirectly employed by Landlord or anyone for whose acts Landlord may be liable. This agreement to indemnify on the part of Proposer is separate and apart from, and in no way limited by, any insurance provided pursuant to this Lease or otherwise.

Landlord’s Responsibility. Landlord shall be responsible for Landlord’s own negligent or wrongful actions and omissions, including those negligent or wrongful actions and omissions of anyone for whose acts

Landlord may be legally liable for. However, nothing in this Agreement shall operate or be deemed to operate as a waiver of Landlord’s sovereign immunity beyond any statutory limited waiver which may have been or may hereafter be adopted by the Florida Legislature; and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity. In any event Landlord's liability is further subject to the provisions and limitations of Florida Statutes § 768.28.

6.2. Insurance

ARTICLE 6: INSURANCE AND INDEMNITY

6.2 Proposer's Insurance. Proposer shall comply with following requirements regarding insurance, at

Proposer’s sole cost.

6.2.1 Property/Business Interruption. At all times during the Term of this Lease, the Proposer shall maintain:

6.2.1.1 Property Insurance – Property insurance insuring the Proposer's improvements and betterments against loss and damage by fire, wind (including named storm coverage), flood, and other hazards on a “special form” policy form, covering insurance risks covered by a standard extended coverage insurance policy, and covering such other risks as the Landlord or any Leasehold Mortgagee may reasonably require, in amounts equal to the full replacement cost, including fixtures and equipment, and the cost of debris removal, with an agreed amount endorsement and inflation guard endorsement, provided that if inflation guard endorsement is not available then (without limiting the requirement that the insurance amount be at least the full replacement cost as set forth above) Proposer shall increase the coverage amount each third (3rd) Lease Year as Landlord may reasonably request to account for inflation.

6.2.1.2 Builder's Risk – During any period of construction, alteration, renovation or repair, Completed Value Form Property Insurance covering all physical loss or damage to the Project covered by the extended coverage endorsement then in use in the State of Florida (including named storm, windstorm, flood, fire, vandalism and malicious mischief) in an amount not less than full replacement value; and

6.2.1.3 Business Interruption Insurance (also referred to as “use and occupancy insurance” or “rental income insurance”) - covering loss of revenues or other income by the Proposer by reason of total or partial suspension of, or interruption in, Proposer’s use of the Premises for the conduct of the Trade Name Establishment caused by damage or destruction of the

Premises.

6.2.2 Public Liability. At all times during the Term of this Lease, Proposer shall maintain or cause to be maintained a primary Commercial General Liability insurance policy, on an occurrence form

(“CGL”), covering all claims for bodily injury and property damage, including loss of use thereof, including independent contractor liability, products/completed operations liability and contractual liability coverage in an amount not less than $5,000,000.00 per occurrence, with deductible provisions not to exceed $25,000.00 per occurrence, to include personal and advertising injury, general aggregate, products and completed operations aggregate insurance and contractual liability to cover all insurable obligations in this Lease. If CGL coverage is provided with a general aggregate, then the aggregate shall be in an amount of no less than $10,000,000, location specific. This coverage shall include liquor liability insurance with limits of liability of no less than

$2,000,000.00 per occurrence (coverage to apply for on Premises and off Premises) if alcohol is sold. The policy or policies must be on an “occurrence” basis unless waived by the Landlord. The

Landlord shall be named as additional insured.

6.2.3 Loss Payable Clauses; General. Each of the insurance policies shall be endorsed to name the

Landlord and if applicable, the Leasehold Mortgagee if Proposer has entered into a Leasehold

Mortgage, and their successors and assigns as the mortgagee or lender loss payee, with loss payable to the Leasehold Mortgagee, the Proposer and their successors and assigns, without contribution or assessment, pursuant to a standard first mortgage endorsement in the form of, or substantially equivalent to, the standard mortgagee or lender loss payee endorsement used in the

State of Florida, provided that with respect to liability insurance or other policies of insurance required hereunder where a mortgagee or lender loss payee endorsement is not available, the

Leasehold Mortgagee and the Landlord shall, to the fullest extent available, be named as an additional insured in any such insurance policies. All insurance policies and endorsements required pursuant to this Section 6.2 shall be fully paid for, non-assessable and contain such provisions and expiration dates and be in such form and amounts as indicated above and shall be issued by an insurance company licensed or authorized to sell insurance in the State of Florida, and having an

A.M. Best Company rating with respect to its financial strength of A- VII (unless such rating is not available or obtainable at commercially reasonable rates in connection with windstorm coverage in which event Proposer shall be able to procure such windstorm coverage as is available at commercially reasonably rates) or better. Without limiting the foregoing, each policy shall specifically provide that (i) such policy may not be cancelled except upon 30 days’ prior written notice to the Leasehold Mortgagee and the Landlord and that no act or thing done by Proposer shall invalidate the policy as against the Leasehold Mortgagee and/or the Landlord; and (ii) any and all fire, casualty or other property insurance proceeds shall be paid to the Leasehold Mortgagee for application in accordance with the provisions of the Leasehold Mortgage and this Lease. Unless specifically waived hereafter in writing by the Landlord, Proposer agrees that the insurer(s) shall waive its rights of subrogation, if any, against the Landlord on each of the required listed insurance coverages.

6.2.4 Delivery of Evidence of Insurance. On or before the Effective Date and at each policy renewal date, the Proposer shall furnish copies of all policies and all endorsements, including additional insured endorsements, or enforceable evidences or binders of all insurance required to be carried by the Proposer in accordance with this Lease, listing Landlord as the certificate holder. Such insurance evidence must document that the liability insurance coverage purchased by the Proposer includes contractual liability coverage to cover the insurable aspects of Section 6.2. This documentation shall be delivered to:

Risk Manager

City of Daytona Beach

PO BOX 2451

Daytona Beach, FL 32115-2451 or such other address as Landlord may provide by notice to Proposer. On or before the Effective

Date, and during the Lease Term, Proposer shall be responsible for evidencing coverage to Landlord by way of: (a) ACORD certificates showing the insurance policies required hereunder are in effect and (b) endorsements to the insurance policies which (x) add the Landlord as loss payee (as to property insurance) and as additional insured (as to all liability insurance), (y) add the waiver of subrogation clause, and (z) require the insurer to provide Proposer with at least 30 days prior written notice of any cancellation or substantial modification to such policies.

Each insurance policy required by this Section: (i) shall be in such forms and with such provisions

(including the loss payable clause, the waiver of subrogation clause, and the designation of the named insureds) as are generally considered standard provisions for the type of insurance involved

(provided that provisions superior to standard provisions shall satisfy this requirement); and (ii) shall prohibit cancellation or substantial modification by the insurer or the Tenant without at least

30 days’ prior written notice to the Landlord.

6.2.5 Evidence of Payment of Premiums. Proposer shall within 20 days after payment furnish to the Landlord duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by the Proposer in accordance with this Lease.

6.2.6 Insurance Required under Leasehold Mortgage. Proposer shall also obtain and maintain such higher amounts and/or additional types of insurance as may be required under the Leasehold

Mortgage.

6.2.7 Cancellation. In the event any or all of the required insurance coverages are cancelled by the insurer, Proposer, or any named insured, it shall be Proposer's responsibility to notify Landlord of such cancellation as soon as knowledge of the cancellation is obtained, notice shall be sent to the address provided for delivery of evidence of insurance above.

6.2.8 Replacement. Proposer shall file replacement certificates 30 days prior to expiration or earlier termination of the required insurance occurring during the Term of this Lease. In the event such insurance shall lapse, Landlord expressly reserves the right to renew the insurance at

Proposer's expense.

6.2.9 Changes in Coverage. Landlord may from time to time require that Proposer increase coverage limits from those specified above, and that Proposer to obtain additional types of coverage not required above; provided, however, that such requirements will be imposed no more frequently than once every 60 months; and provided, further, that such requirements will be limited to those commercially reasonable limits and types of coverage that are typical of those insurance limits and types of coverage then typically in place similar properties and business in the

Central Florida area. Within 20 days after demand therefore by Landlord, Proposer shall furnish

Landlord with evidence that such demand has been complied with.

6.2.10 Policy Requirements. The company or companies writing any insurance which Proposer is required to carry and maintain or cause to be carried or maintained pursuant to this Section 6.2, as well as the form of such insurance, shall at all times be subject to Landlord's approval, which shall not be unreasonably withheld or delayed. All liability, property, and casualty insurance policies shall be primary and non-contributory. Nothing herein shall be deemed to prohibit

Proposer from including in any required insurance policy, commercially reasonable and customary deductibles.

6.2.11 Replacement of Insurer in Case of Insolvency. If any insurer providing a required coverage becomes in Landlord's reasonable judgment insufficiently solvent to carry the risk covered by such insurance, Landlord may demand that Proposer obtain such coverage from a substitute, solvent insurer.

6.2.12 Blanket/Umbrella Coverage. Upon Landlord's written approval, Proposer may satisfy some or all of the insurance obligations under this Section by use of blanket or umbrella policies, provided that such policies specifically name Proposer's business at the Premises and Proposer provides

Landlord with an original certificate of such insurance.

6.2.13 Landlord’s Rights Upon Tenant’s Failure. If Proposer shall fail to perform any of its obligations under this Section Landlord may after 30 days’ prior written notice perform them and

Landlord's cost therefor shall be deemed Additional Rental and shall be payable immediately upon

Landlord's demand.

6.2.14 Subcontractors’ Insurance. Each of Proposer's subcontractors will be required to provide insurance in substantially similar form to the insurance required of Proposer above based on services provided.

6.2.15 Liabilities. Anything to the contrary notwithstanding, the liabilities of the Proposer under this Agreement shall survive and not be terminated, reduced or otherwise limited by any expiration, limitation, exclusion or termination of insurance coverage. Neither approval nor failure to disapprove insurance furnished by the Proposer shall relieve the Proposer or its sub-contractors from responsibility to provide insurance as required by the contract.

6.2.16 Termination of Insurance. Proposer may not cancel the insurance required by this Contract until all services are completed, accepted by the City, and Proposer has received written notification from the Risk Management Division of the City that Proposer may cancel the insurance required by this Contract and the date upon which the insurance may be cancelled.

ARTICLE 7: CASUALTY LOSS

7.1 If the Premises shall be damaged by fire or any other casualty, Proposer shall, except as hereinafter provided, repair and restore the same substantially in accordance with the provisions of this Lease (the

“Casualty Restoration”). Proposer shall have the absolute right to make application for and to be paid and receive all proceeds of any casualty insurance maintained by Proposer, and shall apply the same to the cost of the Casualty Restoration (the “Casualty Restoration Cost”) before applying the same for any other purpose. All Casualty Restoration shall be done and completed by Proposer with reasonable diligence and promptness, subject to ordinary delays, force majeure and delays in the making of insurance adjustments.

7.1.1 In the event that any of the insurance proceeds, other than business interruption insurance, paid on account of a casualty to Proposer shall remain undisbursed after the completion of the

Casualty Restoration, the excess shall be paid to and remain the sole and exclusive property of

Proposer.

7.2 Conflict with Leasehold Mortgage. The requirements in the loan documents of any Leasehold

Mortgage regarding use of such insurance proceeds shall prevail over this Article 7; provided such proceeds are to be used for repair and/or reconstruction to the damaged Improvements.

7. PROPOSAL SUBMITTAL AND REQUIREMENTS

7.1. PROPOSAL SUBMITTAL AND REQUIREMENTS

The purpose of the Proposal Submission and Requirements Section is to demonstrate the qualification, competence and capacity of the Proposers seeking to provide the requested Goods or Services to The City of

Daytona Beach in conformity with the requirements of this solicitation. As such, the substance of Proposals will be evaluated based on what is deemed to be in the best interest of the City.

Proposers should provide all information to be considered responsive. Qualifications will be evaluated based on the responsiveness of the Proposer's submission. The evaluation factors will determine the Proposer's understanding and capacity to perform the required services of this solicitation.

8. EVALUATION CRITERIA

The proposed evaluation is an initial process to elicit a short list of Proposers; with the contract awarded not necessarily to the consultant of least cost, but rather to the consultant with the best combination of attributes (i.e., qualifications and experience, technical approach, and cost), based upon the evaluation factors specifically established for this solicitation.

The weighted evaluation criteria in the EVALUATION…