2654RFP_-_Amusement_&_Entertainment_Park_Operator_Consultant.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified Consultants to provide professional consulting, event coordination, industry outreach, and recruitment services to assist the

City in identifying, attracting, and soliciting qualified amusement park, and entertainment venue developers/operators.

1.2. Contact Information

Purchasing Purchasing

Purchasing Agent

301 S. Ridgewood Ave.

Daytona Beach, FL 32114

Email: purchasing@daytonabeach.gov

Phone: (386) 671-8082

Department:

Redevelopment Services

1.3. Timeline

Release Project Date September 22, 2026

Pre-Proposal Meeting (Non-Mandatory) September 30, 2026, 10:00am

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Request For Proposal #2654RFP Title: 2654RFP - Amusement & Entertainment Park Operator Consultant

Question and Request for Interpretation

Submission Deadline

October 20, 2026, 5:00pm

Proposal Submission Deadline October 27, 2026, 2:00pm

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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:

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.

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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. Property Description

Site Address: 29 South Ocean Avenue, Daytona Beach, FL and Boardwalk Area

The properties are strategically located within the City's beachfront Main Street Redevelopment Area and offers direct access to the pier, hotels, restaurants, and public amenities.

Proposers are encouraged to conduct independent due diligence regarding site conditions, zoning requirements, utilities, access, environmental conditions, and development feasibility.

3.2. Project Vision

The City seeks to attract a destination-quality entertainment developer/operator capable of delivering a vibrant, family-friendly attraction that:

• Activates the Boardwalk year-round

• Increases tourism visitation and length of stay

• Generates new employment opportunities

• Enhances the City's tax base

• Creates inclusive entertainment options for all ages

• Encourages long-term private investment

• Increases pedestrian activity and coastal connectivity

• Strengthens the economic vitality of the Main Street Redevelopment Area

3.3. Scope of Work

The selected Consultant shall provide comprehensive support and guidance to the City, including but not limited to:

MARKET & SITE ANALYSIS

• Review site characteristics, market capacity, and redevelopment objectives

• Evaluate competitive entertainment destinations and emerging industry trends

• Identify attraction types most suitable for current and projected market conditions

INDUSTRY OUTREACH & RECRUITMENT

• Identify qualified amusement park, theme attraction, entertainment, hospitality, and tourism operators

• Develop a targeted recruitment strategy utilizing industry networks, trade associations, conferences, and private-sector contacts

• Serve as liaison between potential operators, industry service providers, vendors, and City government

EVENT COORDINATION & SHOWCASE

• Organize and manage an engagement or showcase event to highlight the development opportunities

• Coordinate all event logistics, including, but not limited to:

• Vendor tents, staging, set design, décor

• Portable toilets, barricades, generators, lighting, and event infrastructure

• Food court setup and related amenities

• Obtain all necessary event permits, licenses, and insurance

• Oversee the layout, schedule, and operational plan for the event

MARKETING & MATERIAL DEVELOPMENT

• A comprehensive marketing package

• Develop a site opportunity brochure, investment prospectus, and presentation materials

• Support City staff in preparing outreach documents, responses to technical questions, and evaluation criteria

REPORTING REQUIREMENTS

The consultant shall provide:

• Monthly progress reports

• Outreach activity summaries

• A detailed recruitment report summarizing all contacts, meetings, recommendations, and developer/operator interest levels

• Final recommendations for next steps in the solicitation and negotiation process

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Proposer must have an active, permanent, and successful operation for a minimum of five (5) years prior to the date of submission of

Proposals, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Services.

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.

4.4. Prohibition Against Considering Social, Political, or Ideological Interests

Pursuant to Florida Statutes § 287.05701, the City shall not consider, give preference based upon, or request documentation regarding a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

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 https://procurement.opengov.com/portal/codb/projects/295540/document?section=2841966

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.

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

The CONSULTANT hereby indemnifies and holds harmless the City from and against, all liabilities, damages, losses, and costs, including but not limited to reasonable attorneys' fees, arising out of or resulting from the services provided that the liabilities, damages, losses, and costs are caused in whole or in part by any negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise.

6.2. Insurance

Insurance.

CONSULTANT will provide and maintain at CONSULTANT’s own expense, at a minimum, insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the CITY’s own insurance. In the event any request for the performance of services presents exposures to the CITY not covered by the requirements set forth below, the CITY reserves the right to add insurance requirements that will cover such an exposure. Unless specifically waived hereafter in writing by the CITY, CONSULTANT agrees that the insurer(s) shall waive its rights of subrogation, if any, against the City on each of the required insurance coverages in this section.

(a) Coverage and Amounts.

(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers’ Compensation Insurance, for all employees of CONSULTANT, employed at the site of the service or in any way connected with the work, which is the subject of this service. The insurance required by this provision will comply fully with the Florida Workers’ Compensation Law and include Employers’ Liability Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company involved in the service must be named in the Workers’ Compensation coverage.

(2) Liability Insurance, including:

(i) Commercial General Liability coverage for operations, independent contractors, products-completed operations, broad form property damage, and personal injury on an "occurrence" basis insuring CONSULTANT and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and

(ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle used by the CONSULTANT in the performance of this Contract.

The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager’s sole discretion.

THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AS AN ADDITIONAL INSURED.

CONSULTANT’S Commercial General Liability insurance policy shall provide coverage to CONSULTANT, and CITY when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) without the attachment of any endorsements excluding or limiting coverage for Products/Completed Operations, Independent contractors, Property of CITY in CONSULTANT’s Care, Custody or Control or Property of CITY on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When CITY is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status.

(iii) Professional Liability Insurance insuring CONSULTANT and other interests, including, but not limited to, any associated or subsidiary companies involved in the work, for errors or omissions in the performance of services to be rendered pursuant to this Contract. The limit of liability will be no less than $1,000,000 per occurrence. (Professional Liability coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this agreement and with a three year reporting tail beyond the annual expiration date of the policy).

(b) Subcontractors’ Insurance. Each of CONSULTANT’S subcontractors will be required to provide insurance in substantially similar form to the insurance required of CONSULTANT above based on services provided.

(c) Proof of Insurance. CONSULTANT will furnish proof of insurance acceptable to the CITY prior to or at the time of execution of this Contract. CONSULTANT will not commence work until all proof of all required insurance has been filed with and approved by the CITY. CONSULTANT will furnish such proof in the form of certificates of insurance which will clearly outline all hazards covered as itemized above, the amounts of insurance applicable to each hazard, and the expiration dates. The certificates will also contain the following language as to cancellation:

“In the event of cancellation of this policy by the insurer or any insured, this Company will give not less than 30 days advance written notice to:

Risk Manager

The CITY of Daytona Beach

P.O. Box 2451

Daytona Beach, Florida 32115-2451”

If requested by the CITY, CONSULTANT will furnish copies of the insurance contracts to support the certificates of insurance and the copies of said insurance must be acceptable to the CITY.

(d) Cancellation; Replacement Required. CONSULTANT will file replacement certificates 30 days prior to expiration or termination of the required insurance occurring prior to the acceptance of the work by the CITY.

If a required policy is canceled without CONSULTANT’s prior knowledge CONSULTANT will immediately notify the CITY immediately upon becoming aware that a required insurance coverage has been canceled for any reason, and promptly replace the canceled policy. The CITY expressly reserves the right to replace the canceled policy at CONSULTANT’S expense if CONSULTANT fails to do so.

(e) Termination of Insurance. CONSULTANT may not cancel the insurance required by this Contract until the work is completed, accepted by the CITY and CONSULTANT has received written notification from the Risk Management Division of the CITY that CONSULTANT may cancel the insurance required by this Contract and the date upon which the insurance may be canceled. The Risk Management Division of the CITY will provide such written notification at the request of CONSULTANT if the request is made no earlier than two weeks before the work is to be completed.

(f) Liabilities Unaffected. CONSULTANT’s liabilities under this Contract will survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Similarly, CONSULTANT’s liabilities under this Contract will not be limited by the existence of any exclusions or limitations in insurance coverages, or by CONSULTANT’S failure to obtain insurance coverage.

CONSULTANT will not be relieved from responsibility to provide required insurance by any failure of the CITY to demand such coverage, or by CITY’s approval of a policy submitted by CONSULTANT that does not meet the requirements of this Contract.

Notices. Unless otherwise expressly agreed herein, all notices, requests, and demands to or upon the Parties will be delivered by hand, delivered by a courier service, provided to a nationally recognized delivery service for overnight delivery, or by U.S. mail, postage prepaid by registered or certified mail, return receipt requested, to the addresses set forth herein.

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. The maximum points that shall be awarded for each of the evaluation factors are detailed and described below.

TAB 1: EXPERIENCE AND RELATED EXPERTISE

Provide the Proposer’s number of years in business; organization type, (corporation, partnership, sole proprietorship), location of office(s); and number of employees.

Provide an overview which establishes the proposer’s ability to satisfactorily perform the scope of services by showing:

• Demonstrated competence in the services to be provided

• Described nature and relevance of similar work currently being performed or recently completed

• A record of meeting schedules and deadlines of other clients

• Competitive advantages over others within the same industry; strength and stability as a business concern, and

• Noteworthy qualifications for providing the required services to the City. Specifically highlight those qualifications that distinguish you from your competitors.

TAB 2: QUALIFICATIONS OF ASSIGNED PERSONNEL

This section of the Proposal identifies key personnel assigned to the project and determines qualifications of overall project team in relation to the Scope of Services.

• Identify the key personnel from your firm who would be assigned to this project. Include a brief description of their qualifications, current job functions, proposed roles, and office location(s).

• Designate a principal who would be ultimately responsible for the management of the project, providing day-to-day direction of the required work.

• Provide education, experience and professional credential of all project staff. Furnish brief resumes (not more than two pages long) for all key personnel.

• If you propose to utilize sub-contractors in the performance of the services covered under this RFP, please provide information about their organization in accordance with Tab 2.1 above. Also, provide information about the key personnel that your sub-contractors intend to assign to perform the services in accordance with this section.

• Provide a simple organization chart that clearly delineates communication and reporting relationships among your project staff and your proposed partners.

TAB 3: PROJECT APPROACH

Describe the Proposer’s approach and the understanding of the City’s objectives and requirements, which shall include resident participation, focus groups and/or workshops, and online surveys to accomplish the required end deliverables.

• Demonstrate your ability to meet those requirements with the inclusion of specific benchmarks and milestones that measure the City’s progress.

• Outline clearly and concisely the plan for accomplishing the specified work.

• Provide detailed information on how respondent will communicate with the assigned City personnel prior to, during and after the job commencement.

• Provide a projected timeline/schedule.

TAB 4: RECOMMENDATIONS FROM OTHER CONTRACTED ENTITIES

List public agencies or private entities for which Proposer has provided similar consulting services.

• Identify at least three (3) current and three (3) former clients the City may contact as references and who can attest to your expertise to perform the service. Describe the work performed and include the name, job title, address, telephone number and e-mail address of a contact person for each reference.

• Identify all lost or terminated contracts within the past five (5) years. For each contract, describe the services your firm provided, and state the reason(s) for the end of your working relationship.

• Disclose any existing or potential conflicts of interest between the scope of work required by the City and proposer's other business activities.

TAB 5: FEE PROPOSAL

Provide a fee proposal for all expenses broken down by task, including direct and indirect costs and expenses, estimated number of hours, and a total estimated cost for the project.

• Provide a general description of the Proposer's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Consultant’s ability to complete the project.

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 CRITERIA will be used to evaluate Offers and develop a recommendation to the City Manager. Each criterion will be scored between 0 and 5; 0=non-responsive

1=poor, 2=below average, 3=average, 4=above average, 5=excellent. Scores will be multiplied by the criterion weight for a weighted score; weighted scores will be totaled for the weighted total score.

No. Evaluation Criteria Scoring Method Weight (Points)

1. EXPERIENCE AND RELATED EXPERTISE

Provide the Proposer’s number of years in business; organization type, (corporation, partnership, sole proprietorship), location of office(s); and number of employees.

Provide an overview which establishes the proposer’s ability to satisfactorily perform the scope of services by showing:

• Demonstrated competence in the services to be provided

• Described nature and relevance of similar work currently being performed or recently completed

• A record of meeting schedules and deadlines of other clients

• Competitive advantages over others within the same industry; strength and stability as a business concern, and

• Noteworthy qualifications for providing the required services to the City. Specifically highlight those qualifications that distinguish you from your competitors.

0-5 Points 15 (15% of Total)

2. QUALIFICATIONS OF ASSIGNED PERSONNEL

This section of the Proposal identifies key personnel assigned to the project and determines qualifications of overall project team in relation to the Scope of Services.

• Identify the key personnel from your firm who would be assigned to this project. Include a brief description of their qualifications, current job functions, proposed roles, and office location(s).

• Designate a principal who would be ultimately responsible for the management of the project, providing day-to-day direction of the required work.

• Provide education, experience and professional credential of all project staff.

Furnish brief resumes (not more than two pages long) for all key personnel.

• If you propose to utilize sub-contractors in the performance of the services covered under this

RFP, please provide information about their organization in accordance with Tab 2.1 above.

Also, provide information about the key personnel that your sub-contractors intend to assign to perform the services in accordance with this section.

• Provide a simple organization chart that clearly delineates communication and reporting relationships among your project staff and your proposed partners.

0-5 Points 20 (20% of Total)

3. PROJECT APPROACH

Describe the Proposer’s approach and the understanding of the City’s objectives and requirements, which shall include resident participation, focus groups and/or workshops, and online surveys to accomplish the required end deliverables.

• Demonstrate your ability to meet those requirements with the inclusion of specific benchmarks and milestones that measure the

City’s progress.

• Outline clearly and concisely the plan for accomplishing the specified work.

• Provide detailed information on how respondent will communicate with the assigned

City personnel prior to, during and after the job commencement.

• Provide a projected timeline/schedule.

0-5 Points 20 (20% of Total)

4. REFERENCE AND PAST PERFORMANCE

List public agencies or private entities for which

Proposer has provided similar consulting services.

• Identify at least three (3) current and three (3) former clients the City may contact as references and who can attest to your expertise to perform the service. Describe the work performed and include the name, job title, address, telephone number and e-mail address of a contact person for each reference.

• Identify all lost or terminated contracts within the past five (5) years. For each contract, describe the services your firm provided, and state the reason(s) for the end of your working relationship.

• Disclose any existing or potential conflicts of interest between the scope of work…