Stage_Labor_and_Production_Equipment_Services.pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach is hereby soliciting responses from qualified firms to provide stage labor and production services for live events and productions at all City of Daytona Beach properties including the

Peabody Auditorium, the Oceanfront Bandshell, Daisy Stocking Park Bandshell, and Municipal

Stadium. Events include touring Broadway shows, musical performances, comedy shows, dance performances, magic shows, competitions, and other types of live events.

1.2. Contact Information

Holly Prevatt

Purchasing Agent

301 South Ridgewood Ave.

Daytona Beach, FL 32115

Email: prevattholly@codb.us

Phone: (386) 671-8082

Department:

Purchasing

1.3. Timeline

Release Project Date May 8, 2024

Pre-Proposal Meeting (Non-Mandatory) May 16, 2024, 1:00pm

Microsoft Teams Meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzBlMmRlNWYtOWFlYi00NTk

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Request For Proposal #2442RFP Title: Stage Labor and Production Equipment Services

Question and Request for Interpretation

Submission Deadline

May 29, 2024, 5:00pm

Proposal Submission Deadline June 5, 2024, 2:00pm

**NO PAPER BIDS ARE ACCEPTED**

Public Bid Opening - Microsoft Teams Meeting

Wednesday, June 5, 2024, at 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODg5OTRhOWMtODY1Ni00ZD

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Meeting ID: 244 400 134 928

Passcode: NULrvQ

Dial in by phone

+1 312-667-7230,,450560161# United States, Chicago

Phone conference ID: 450 560 161#

2. DEFINITIONS

Th following terms used herein will have the following meanings:

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.

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 Goods shall mean Commodities.

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 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 Response, Submission, Submittal, 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.

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 will be recorded for all Requests for Proposals.

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

3. SCOPE OF WORK

3.1. Definitions as related to this Scope.

• Call: A call may be defined as a Work call, Rehearsal call, Load-in call, Show call, or Load-out call.

It is a period of time required for a certain amount of work conducted by technicians on any given performance.

• Contractor: The awarded Proposer for this Solicitation.

• Production: A Production is an event presented at the City of Daytona Beach properties which may require the service of any combination of technicians on an as-needed basis.

• Shift: A shift may constitute one or more calls that are contiguous.

• Stage work: Stage work is defined as the general work relating to the technical production of an event, as well as the operation of the stage or production equipment during the event. This work includes but is not limited to, such tasks as stage or event-related electrical, rigging, light, sound, video, carpentry, wardrobe, fork-lift operation, and manual labor needed to move, install, operate, and remove all equipment, scenery, and spotlights involved in such an event when required.

3.2. Duties

The Contractor will supply technicians, on an as-needed basis, to perform quality production services for various events held at the City of Daytona Beach properties. Technicians include but are not limited to audio, lighting, staging, rigging, wardrobe, props, and carpentry. Upon request, the Contractor agrees to operate equipment supplied by the City of Daytona Beach or its clients.

In addition, upon request, the Contractor will provide assistance in fulfilling its client’s rider requests and other related duties, beyond the normal requirement of supplying technicians.

3.3. Corporate Intent

• The Contractor’s purpose of work is to provide first-class professional technicians to meet the needs of a demanding and diversified clientele on an as needed basis. These technicians will represent not only the Contractor but also the City of Daytona Beach. In this role, the technicians and the Contractor will be interacting with both the public and our clients. It will be incumbent on each technician to possess and display behavior and actions that reflect strong customer service skills.

• It is imperative that the Contractor is to treat all clients, artists, staff, guests and fellow co-workers with respect and civility. At the same time, these services must be provided in the most cost-effective manner possible to enable the City of Daytona Beach to be successful in a highly competitive marketplace.

3.4. Notice of Events

• Scheduling of technicians: The Contractor agrees to provide technicians for each event on an

“as-needed” basis. These technicians will be provided on a 24-7 basis as required. The City of

Daytona Beach designee will make every effort to give reasonable notification for its staffing request. The Contractor must be flexible and meet last minute staffing requirements.

• It is the Contractor’s responsibility to coordinate with the City of Daytona Beach designee on the scheduling of technicians as needed, and to communicate with each technician to ensure that they are at the proper workstation at the correct time.

3.5. Staffing

This agreement covers the following technicians employed by the Contractor.

1. Supervisor: The role of the Supervisor is to be the Contractor’s on-site representative and the primary point of contact at any event as required by the City of Daytona Beach properties. The

Supervisor shall supervise all technicians at all times. The Supervisor needs to be visible and accessible to the City of Daytona Beach designee and its clients at all times. The Supervisor must have a minimum of (5) five years of demonstrated experience in theatrical, outdoor amphitheater and festival productions, of which (5) five years must be at the supervisor level. No more than (1) one individual shall be designated as Supervisor for each event. When staffing has been reduced to a minimal level, such as for work-light rehearsal, maintenance call, sound check, etc., the

Supervisor may be released at the City of Daytona Beach designee request. The Supervisor will document hours worked by each technician and furnish a daily report of these hours to a city’s on-site representative. Other duties shall include, but are not limited to, ensuring that all applicable safety regulations and the highest professional standards are adhered to, making sure that the rules of the City of Daytona Beach are followed, that the technicians are familiar with the stipulations of the contract between the Contractor and the City of Daytona Beach. Supplying work estimates and bills prior to and during events, dependent upon the call makeup, the

Supervisor shall assume other job(s)/position(s) as required by the production.

2. Electrician: The role of the Electrician, when required by the City of Daytona Beach, is to include, but is not limited to, installing, mounting, hooking-up, tying in, focusing, adjusting, calibrating, operating, installing gels and otherwise handling and managing all electrical, lighting, and sound apparatus that may be part of a production taking place at the City of Daytona Beach properties.

3. Head Rigger: The role of the Head Rigger is to be the Contractor’s lead person for all event-related rigging in the City of Daytona Beach properties as needed. This person must be proficient in all areas of rigging and display knowledge of load capacities; have working knowledge of current wire rope standards. Supervisory skills and the ability to excel under stressful conditions are required. Must have five (5) years of experience in similar venues and the ability to work at various heights and on various pieces of equipment related to rigging and stagecraft.

4. Rigger: The role of the Rigger is to work at the direction of the Head Rigger and perform all manner of rigging work, which includes, but is not limited to, all suspension rigging, spotting of lines, chain hoists, block and falls, focusing tracks and all types of production apparatus that has to be hung from a beam, ceiling, etc. The ability to work at various heights and three years of experience is required.

5. Wardrobe/Dress: Wardrobe/Dresser is responsible for sewing, maintenance, fitting and placement of costumes, as well as, assisting performers with getting into and out of costumes.

This position may include backstage quick changes and maintaining costume quality during a performance.

6. Spotlight Operator: A Spotlight Operator operates a spotlight in a production. This is a light, which is physically moved by the operator during the production to follow a performer moving around the stage. A spotlight has mechanisms to change color, as well as, an iris to change the size of the beam of light. The spotlight operator may have to change several aspects of the beam simultaneously from the unit.

7. Stagehand: A Stagehand is a person who does stage work.

8. Video Technician: Operate video equipment. Assist with minor adjustments and repairs of equipment as necessary. Understand a variety of maintenance related activities. Cable paging.

9. Lighting Technician: Operates the house lighting board; requires professional level proficiency with the setting scenes and fixture programing on a lighting console

10. Sound Technician: Operates the house soundboard: requires professional level proficiency with mixing sound and board patching.

11. Loader: A person who loads and unloads production equipment.

12. Trainee: A person with less than (3) three years of experience within the discipline assigned to him/her.

13. Miscellaneous: Other types of technicians and workers; rates to be mutually agreed.

3.6. General Work Rules

It is specifically understood that the general breakdown of work as outlined above in section 3.5.

STAFFING, in various departments and job titles, may NOT apply to all events and is on an “as-needed” basis. For example, certain events may only require Loaders, Stagehands, and

Supervisor.

The Contractor may not provide a crew for any given call that consists of 25% or more trainees.

The term trainee is defined as individuals with less than (3) three years of experience within the discipline assigned to them. The Contractor will also be required to supply technicians skilled in other specialties as needed.

3.7. Departmental Crossover

Technicians may be required to perform technical services out of their usual specialty when it is necessary. The city may require any technician to perform any reasonable task associated with the venue or production at hand. No stringent division of labor along departmental lines will be allowed unless at the specific request of the City of Daytona designee. Calls will be structured to provide the highest degree of flexibility in order to ensure cost efficiency and client satisfaction.

3.8. Oversight of Technicians

Technicians will respond to directions and will perform their duties in the manner determined by the Contractor but under the guidelines set by the City of Daytona Beach designee. The City of

Daytona Beach designee will determine all calls.

3.9. Rates

Labor rates are to be inclusive of all administrative and any other related fees/costs/expenses/taxes.

1. Successive Calls: No technicians shall be paid twice or more for the same time under any circumstances. Thus, for example, the start time for out calls will be the same quarter hour at which the rehearsal or performance work is concluded.

2. Straight Time Billing for “Load Ins and Shows”: All five-hour minimum calls will be event specific. At the discretion of the City of Daytona Beach designee, the Contractor may be required to bill at straight time for events of a limited technical nature. The City of Daytona Beach designee will determine the call time for performances. The minimum call at the Peabody Auditorium shall be (5) five hours for load-in, show, and load-outs. The minimum work call at Oceanfront

Bandshell shall be (5) five hours with the exception of the “Out” call for persons at Oceanfront

Bandshell working the show call; a two (2) hour minimum shall be the minimum “out” call in this case. For smaller shows at Oceanfront Bandshell at the discretion of the City of Daytona Beach designee, Oceanfront Bandshell will not have an “In” call. All billing will be to the nearest quarter hour.

3. Multiple Performances: The duration of all shifts will be determined by City of Daytona Beach venue Management. There will be no minimum call time applied for multiple performances worked on the same day for the same production. For example, if a technician works the ballet, band or Broadway performances at 11AM, 3PM, and 8PM on one day, the time worked is cumulative and NOT subject to new minimum calls for each performance. Peabody Auditorium and Oceanfront Bandshell reserve the right to require Contractor to bill events at straight time when nature of event dictates need. The City of Daytona Beach designee will notify Contractor in advance if time is to be billed continuously.

4. Wage Increases: All wages listed in this Article are effective as of the day that this agreement is executed by all parties. Thereafter, any wage increases shown on the schedule for the term of this contract shall take effect on that same date of the year indicated.

5. Overtime: Overtime will be paid at one and one-half times the regular rate subject to the following conditions:

a. A one-hour meal period will be allowed after (5) five consecutive hours of work for the same production, unless a meal is provided to the technicians by the venue or its client. In that instance, 30 minutes will be allowed. If no meal period is allowed after (5) five consecutive hours of work, a meal penalty of one hour of overtime will be applied.

c. The same technician is specifically requested within an established seven-day window and his/her hours exceed 40 hours within this period.

d. All work conducted between midnight and 5 am.

6. Call Times: All call times including show call to be determined by the City of Daytona Beach designee.

7. Holidays: City of Daytona Beach approved holidays are as follows:

o New Years Day o Easter o Memorial Day o Independence Day o Labor Day o Thanksgiving Day o Christmas Eve o Christmas Day o New Years Eve

3.10. Contractor Responsibilities

1. Miscellaneous Requirements: The Contractor will be required to provide the following at no additional cost:

a. Any tools of the trade used by technicians to carry out their duties efficiently and professionally such as hammer, pliers, tape measure, screwdriver, wire cutters, crescent wrenches, pocketknife, writing implement, etc.

b. Any standard safety equipment including, but not limited to hard hats, harnesses, safety shoes, etc.

c. A standard uniform or attire for all show call technicians that is approved by the City of

Daytona Beach.

d. Report any dangerous or potentially dangerous situations to the attention of staff.

2. Minimum Staffing Requirements: The Contractor will be responsible for hiring and training sufficient numbers of highly trained and qualified technicians to properly staff often contiguous, multiple events during the day, evening, weekend and holiday hours. Certain calls, such as

Broadway, may require as many as 100 technicians or more.

3. Invoices/Billing:

a. Timing- Contractor invoices are to be provided upon request. Invoices are due before the end of the event or before the end of the last performance of a multiple-performance event.

Invoices will be accurate and signed by the City of Daytona Beach designee or its clients. All invoices shall be accompanied by corresponding sign-in sheets. Sign-in sheets must include in and out times, the technician’s name and signature and must be generated on a shift-by-shift basis and must be handwritten by the technician. Invoices will not be paid without a completed sign-in sheet. Invoices turned in prior to the end of the shift must be followed by the sign-in sheet the next business day.

b. Format of Bills- Each Contractor invoice shall have a date, invoice number, show name and time, with a description of the “call” i.e. work call, show call, etc. The Contractor will provide one invoice detailing each call of each performance of each day. The invoice shall have a breakdown of the jobs technicians are working (wardrobe/dresser, stagehands, spot ops, etc.), the number of people on each particular job, the hours and the rate. For any invoice submitted prior to the shift taking place, an estimate of the hours worked will be made based upon the call.

Once the shift is completed, a new invoice shall be submitted if billing corrections are necessary.

Exceptions may be allowed with the approval of the City of Daytona Beach, Peabody Auditorium or Oceanfront Bandshell designee.

4. Termination of Personnel: The City of Daytona Beach venue management staff have the right to request the Contractor to terminate or suspend technicians who violate safety rules or who fail to follow the City of Daytona Beach guidelines for work. Contractor shall provide a workforce which shall perform its duties in accordance with the following-o Perform assigned duties in a competent manner.

o Comply with all reasonable and appropriate instructions of supervisors.

o Shall be free from the influence of alcohol and drugs.

o Operate all equipment with competence and care.

3.11. Contractor Guidelines

1. No technician will be allowed into the backstage area or “Green Room” of the Peabody Auditorium or Oceanfront Bandshell without specific permission of the venue production manager, unless actively working directly related to event.

2. Smoking will be allowed only in designated areas outside the venue.

3. The Contractor will also report any criminal charges against any Contractor personnel to the City of Daytona Beach venue management staff immediately.

4. Contractor will be well trained and responsive to venue safety regulations and emergency procedures.

5. Contractor will be vigilant and cognizant of security concerns at all times.

6. Contractor will not engage in unwanted or unsolicited conversation with any musicians or performers.

7. Contractor will not solicit or accept autographs, pictures, gratuities, tickets or other personal favors from performers or clients.

8. Contractor may not carry or use pagers, cellphones, text messaging, PDA devices or other personal equipment, including but not limited to camera and/or video camera while on duty unless they are for the performance of their particular duties.

9. Contractor and its technicians may not take any giveaway, novelty, merchandise, or other event related items.

10. Contractor will not eat, drink, chew gum or tobacco products while on duty in view of the public. Breaks may only be taken in specified areas.

11. Contractor will not permit unauthorized access to any of the City of Daytona Beach properties at any time.

4. PROPOSAL SUBMITTAL AND REQUIREMENTS

4.1. 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 undertake the Stage Labor and Production

Equipment Services for 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 number of years in business; organization type, (corporation, partnership, sole proprietorship), location of office(s); and number of employees.

• Provide an overview that establishes the Proposer’s ability to satisfactorily perform the scope of services by showing:

o Demonstrated professional job experience in providing services for large indoor and/or outdoor performing arts venues, special events, large meetings, conferences, workshops, and athletic competitions.

o Noteworthy qualifications for providing the required services to the City including:

▪ Robust understanding of the entertainment industry with the ability to communicate clearly with the City and provide customer service to stakeholders.

▪ Extensive experience with staff scheduling for musical events, theatrical performances, and sporting competitions.

▪ Ability to negotiate terms of technical riders that call for specific brands and models of stage, sound, and lighting components not owned by the City.

▪ Technical knowledge relating to the review and pricing of talent contracts.

▪ Documented ability to secure up to but not limited to 85-100 personnel that may be needed at one specific city venue or if performances and events are being held simultaneously at city venues.

TAB 2: APPROACH TO SERVICES

• Provide the Proposer's overall approach to completing the Scope of Services as outlined.

• Provide a draft working wage agreement for any type of large stage production involving stagehands or technicians for services rendered.

• Describe Proposer's ability to provide additional technical services including sound, lighting, electrical cabling, staging equipment and other materials and supplies.

• Provide information regarding minimum on-call times and ability to offer meal periods and breaks to contracted employees.

• If applicable, identify subcontractors by company name, address, contact person, telephone number, email and project function.

o Describe Proposer's experience working with each subcontractor, if applicable.

TAB 3: REFERENCES

• Provide at least three (3) references of similar scope and size, preferably from publicly operated venues, to include company names, current representative, addresses, and telephone numbers and productions held during contract.

TAB 4: FEE PROPOSAL

• Provide Pricing Proposal as outlined within Section 7: Pricing Proposal.

o Provide Hourly Rate, Overtime Hourly Rate, Holiday Rate, and Minimum 5 Hour Rate

▪ Hourly rates must include all indirect costs, i.e., insurance, payroll processing, taxes, social security, etc.

• Provide a separate Pricing Proposal with associated costs related additional technical services including television rates, sound, lighting, electrical cable equipment, staging equipment, and other materials and supplies.

o This Pricing Proposal may be in format of Proposer's choice but must provide a comprehensive list of additional costs to be covered under this contract.

5. EVALUATION PHASES

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 & Related Expertise

• Proposer provided number of years in business; organization type, (corporation, partnership, sole proprietorship), location of office(s);

and number of employees.

• Proposer provided an overview that establishes the Proposer’s ability to satisfactorily perform the scope of services by showing:

o Demonstrated professional job experience in providing services for large indoor and/or outdoor performing arts venues, special events, large meetings, conferences, workshops, and athletic competitions.

o Noteworthy qualifications for providing the required services to the City including:

▪ Robust understanding of the entertainment industry with the ability to communicate clearly with the City and provide customer service to stakeholders.

▪ Extensive experience with staff scheduling for musical events, theatrical performances sporting competitions.

▪ Ability to negotiate terms of technical riders that call for specific brands and models of stage, sound, and lighting components not owned by the City,

▪ Technical knowledge relating to the review and pricing of talent contracts.

N/A N/A

▪ Documented ability to secure up to but not limited to 85-100 personnel that may be needed at one specific city venue or if performances and events are being held simultaneously at city venues.

2. Approach to Services

• Proposer Provided the Proposer's overall approach to completing the

Scope of Services as outlined.

• Proposer Provided a draft working wage agreement for any type of large stage production involving stagehands or technicians for services rendered.

• Proposer described their ability to provide minimum on-call times for staff, additional technical services including sound, lighting, electrical cabling, staging equipment and other materials and supplies.

• Proposer identified subcontractors by company name, address, contact person, telephone number, email and project function and described Proposer's experience working with each subcontractor, if applicable.

N/A N/A

3. References

• Proposer provided at least three (3) references of similar scope and size, preferably from publicly operated venues, to include company names, current representative, addresses, and telephone numbers and productions held during contract.

4. Pricing Proposal

• Proposer provided Pricing Proposal as outlined within Section 7: Pricing

Proposal.

o Proposer provided Hourly Rate, Overtime Hourly Rate, Holiday

Rate, and Minimum 5 Hour Rate

▪ Hourly rates must include all indirect costs, i.e., insurance, payroll processing, taxes, social security, etc.

• Proposer provided a separate Pricing

Proposal with associated costs related additional technical services including television rates, sound, lighting, electrical cable equipment, staging equipment, and other materials and supplies.

o This Pricing Proposal may be in format of Proposer's choice but must provide a comprehensive list of additional costs to be covered under this contract.

6. SPECIAL PROVISIONS

6.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Bidder must have a verifiable 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.

6.2. 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.

6.3. 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.

7. 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.

7.1. 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.

7.2. 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.

7.3. 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.

7.4. 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 https://procurement.opengov.com/portal/codb/projects/82279?section=733847 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.

7.5. 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.

7.6. 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.

7.7. 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.

7.8. 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.

7.9. MINORITY AND WOMEN WORK FORCE PARTICIPATION

The City has an established policy of 1) promoting Minority and Women-Owned Business Enterprise participation in business contracts and 2) requiring Proposers doing business with the City to use good faith efforts to promote cultural diversity and minority participation in the work force, including managerial positions. Proposers must provide information as part of the Proposal acknowledging its understanding and willingness to comply with the Purchasing Code of The City of Daytona Beach.

7.10. 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.

7.11. 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.

7.12. 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.

7.13. 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.

7.14. 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.

7.15. TAXES

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

7.16. 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…