Ticketing_Systems_Solution_for_City_Event_Venues_(Addendum_#1_Revision).pdf

1. INTRODUCTION

1.1. Summary

The City of Daytona Beach’s Arts & Entertainment Division has initiated a Request for Proposal (RFP) to identify a qualified Contractor to propose, execute, and implement a ticketing system solution for the

Peabody Auditorium and Daytona Beach Oceanfront Bandshell and Park, located in Daytona Beach, FL.

The Peabody Auditorium and Oceanfront Bandshell require a Contractor with experience and expertise in ticketing solutions. The Peabody Auditorium and Oceanfront Bandshell are seeking a cost-effective, long-term, industry-proven, client-service-driven company to partner with us regarding all our facility’s needs.

1.2. Background

The Peabody Auditorium is a 2,529 seat facility that is located in Daytona Beach, FL. The theatre was built in 1919 and rebuilt in 1949 after a large fire. The Peabody Auditorium is home to various events including national touring concerts, Broadway shows, family performances, symphonies, ballets, comedy shows, competitive arts, and community and educational programs. The Peabody Auditorium hosts over 75 events yearly, with nearly 60,000 people flowing through the building each calendar year.

Located directly along the oceanfront, The Daytona Beach Bandshell and park complex is an iconic landmark built of coquina in 1937. The arena can host up to 5,000 people and features about 3 acres of long, narrow, grassy strip that stretches from the southern end of the Bandshell seating area south to

Auditorium Boulevard. The Oceanfront Bandshell hosts an annual summer concert series for the community, faith-based conferences, competitive arts events, and national touring concerts, totaling over

50 events each year.

1.3. Contact Information

Amber Spears

Buyer

301 S. Ridgewood Ave

Daytona Beach, FL 32114

Email: spearsamber@codb.us

Phone: (386) 671-8081

Department:

Purchasing

1.4. Timeline

Release Project Date October 2, 2024 mailto:spearsamber@codb.us tel:(386)671-8081

Request For Proposal #2501RFP Title: Ticketing Systems Solution for City Event Venues

Pre-Proposal Meeting (Non-Mandatory) October 17, 2024, 11:00am

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Question and Request for Interpretation

Submission Deadline

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Proposal Submission Deadline October 30, 2024, 2:00pm

Microsoft Teams Meeting

Wednesday, October 30th, 2024, at 2:00pm EST https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2FkN2RiNWQtM2E4Ny00NW

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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.

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.

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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. BACKGROUND

The City of Daytona Beach is seeking formal proposals from qualified Proposers to provide a total ticketing and an integrated database marketing system solution to encompass ticket sales across in-person, online, and mobile platforms in addition to any additional means encompassed by the industry.

3.2. SYSTEM CAPABILITIES

The required system must contain system capabilities applicable to the needs of The City of Daytona

Beach.

These capabilities include but are not limited to the following:

GENERAL:

A. Ticketing architecture that is inclusive of hardware, software configuration, telecommunications equipment needs, technical specs, schematics, bandwidth requirements and all related information technology requirements.

B. Capability of handling multiple client/venue databases within the same environment, with the ability to provide several e user levels of security and permission-based controls/flexibilities.

C. Interfacing specs with the ability to integrate with for third parties for such tools as client relationship management, seat map visualization, dynamic pricing, stored valued ticketing, heat mapping and all other related interfaces.

D. Enhancements to system including the ability to provide updates, and inclusive of process for applying the upgrades to client and the training provided as it relates to the upgrade.

1. Upgrade process must allow the City to participate in identifying the system roadmap and/or future direction.

E. Conversion capability for transferring historical data from the current system or an alternative method, such as a reporting database.

1. Solution must have the capability of providing City's data in machine-readable format or database.

F. Security:

1. A hosted solution, preferably, with enhanced security mechanisms to detect and protect client/personal confidential information, commercial misuse, hacking, bot attacks and any anti malice protections.

2. System ability and controls to prevent ticket fraud, theft, and scalper activity to include the concept of identity-based ticketing.

3. System must have a backup, data security, hardware redundancy and recovery plan that is inclusive of SOF Reports and mechanisms to protect data privacy.

3.3. Ticketing

The ticketing capabilities include but are not limited to the following:

A. Integration between ticketing, e-commerce, marketing, and client relationship management.

B. Support real-time ticket sales from one inventory out of a single database through multiple sales channels, including but not limited to, box office, telephone, and internet; support full season, partial season, pick-a-plan, and flex plans via all sales channels.

C. Support shopping cart functionality where the buyer can purchase multiple items in a single transaction.

D. Allow for package seats to be held in an account as an unpaid reservation that will be reflected in the sales figures.

E. Allow for both reserved and general admission seating sales within the same package or event.

F. Include a process for season rollover from one season to the next.

G. Support the sale of non-ticket items such as parking, merchandise, pit passes, donations, etc.

without requiring that an event be built to manage the inventory.

H. Provide venue price change capabilities which allow the City to make pricing adjustments without having to contact the Contractor.

I. Include group sales capabilities directly sold through the system.

J. Be inclusive of virtual queuing technologies.

K. Allow for various methods of ticket delivery, including mobile wallet, print, mail/will call, etc.

L. Provide system support variable per ticket charges by event, price level, type of ticket, and sales channels.

M. Include a comprehensive real-time ticket scanning system that is inclusive of bar code usage, whether issued, voided or otherwise changed in status, which must be updated instantly on the ticket scan access control system.

N. Include an offline mode.

O. Have the ability to void original barcode upon return, cancellation or reprinting of tickets and reissue a new barcode when seats are resold or reprinted, support importing barcodes generated from outside of the ticketing system.

P. Provide integrated PCI DSS compliant credit card processing or be compatible with a 3rd party

PCI DSS compliant credit card system.

Q. Contain the ability to accept multiple payment methods and contain online credit card authorization and debit features (IE. Cash, Apple Pay, MasterCard, American Express, VISA, Discover) and be able to print a receipt and duplicate receipt for each sales transaction.

R. Explain whether system will provide it's own payment gateway to process payments, or if

Proposer's solutions will connect with City's current providers, Paymentus and Forte.

S. Accommodate partial payments for an order with the ability to provide for payment plans for orders through all sales channels if applicable.

T. Provide a fully integrated gift card solution, which allows gift cards to be accepted as real-time method of payment without processing through an additional system.

1. The City would prefer the gift cards to have the ability to be branded with The Peabody

Auditorium / Oceanfront Bandshell brand, or any other brand of choice.

U. Contain the ability to support and execute the process and management of Seat Licenses. IE:

account management, annual payments & renewals, event ticketing processes, etc.

V. Provide a variety of ticket provisioning options, including but not limited to, hard ticket printing with bar codes and/or digital/mobile tickets using Apple Wallet or Google Play services with QR codes or Near Field Communication (NFC).

W. Allow for multiple event sales per transaction at venue box office with the capability for quick operator access to available seat information for any performance/event.

X. Have the ability to sell the same ticket through multiple different channels without having to take the ticket off the primary sales channel manifest

Y. Allow for multiple price structures for the same event (eg. Adult, senior citizen, student, child, season ticket holder, matinee, group rates, series, seat location, etc).

3.4. E-Commerce

The e-commerce capabilities include but are not limited to the following:

A. Capability to support an integrated, real time, branded, large scale ecommerce site tied to sales, ticketing and client service management for large volume on-sales performances.

B. Provide the capability to integrate with the official content site and mobile apps.

C. Include an eCommerce platform that is built to be mobile responsive.

D. Support a “Pick Your Own Seat” functionality during the online shopping experience for single tickets, exchanges, upgrades, and packages, allowing for consumers to navigate throughout the map to view multiple options and sections in a singular view; have the ability for the consumer to

“toggle” views to only see specific seating when necessary, IE: ADA seating. Clearly demonstrate the user-friendly features of your system.

E. Provide syst support “view from seat” functionality with hi-res images of the venue, preferably, with an added solution of three- dimensional map offering.

F. Provide seat maps with seat hold indicators such as limited/obstructed view, aisle seat, etc.

G. Support cross-sell and up-sell functionality during and at the end of the buying process with the ability to translate across multiple product lines other than tickets. (i.e., hotel rooms, experimental upgrades, merchandise, food, and beverage, ticket insurance, etc.)

H. Support a robust online Account Management system to allow guests to manage their ticket purchases, ticket transfers, ticket renewals, personal seat license management, and ticket history including intricate online ticket exchange/ticket transfer functionality.

I. Facilitate restricted presales that only allow access to specific customers, seating allocations, pricing, delivery methods, transaction fees, etc.

J. Handle the building of VIP and Platinum seats and the reporting functionality available to accurately account for the base price vs the uplift of the VIP and Platinum revenue.

K. Provide support for seat level pricing.

3.5. Marketing & Distribution

The Marketing & Distribution capabilities include but are not limited to the following:

A. A fully integrated email marketing tool that is able to provide information pertaining to specific customers, such as order history, attendance, email engagement, click through activity, web activity and contact information. Explain the update

Intervals of said data.

B. Ability to leverage client/sales data to help us personalize marketing campaigns. Including but not limited to: Email databases, outbound newsletters, tracking & analytics tools, data segmentation tools, digital advertising programs such as retargeting, social media programs and integration.

C. Ability to create event awareness within the local market.

D. Provide solutions for to track, measure, and report on marketing initiatives across multiple digital channels. IE: tracking ticketing urls, PURL, tags, pixels, etc.

E. Allow for promotion of events for clients on their own social media channels and/or provide the ability for the venue to place dark posts on platform channels.

F. Provide marketing automation tools such as pixel tracking, shopping cart abandonment and behavior-based retargeting.

G. Provide marketing tools that can boost any additional revenue generating benefits (ie. Custom website with capability to fully integrate the ticketing system and CRM programs).

H. Be inclusive of strategic partnerships your company has to help facilitate brand recognition, database growth and ticket distribution.

I. Allow for secondary market distribution channels that your solution integrates with allowance for partnerships/integrations allow for omni-channel distribution.

J. Provide additional branding or projected revenue streams that may bring extra revenue.

K. Customer Relationship Management (CRM) Tools are inherent to proposed solution. Please describe the tools associated with your solution.

L. Solution must have the ability to show an all-encompassing view of a specific guest with regard to purchase history, demographic info, and any forms of communication to or from that guest for each company.

M. Solution must provide customizable alerts or prompts for ticketing staff.

N. System must have the ability to offer a sales forecasting capability.

3.6. Reporting

A. Standard reports should include at least the following:

• Daily Sales Report - total sales broken down by payment type and tickets sold, with summaries

• Credit Card Settlement - summary listing of credit card transactions

• Performance/Event Totals - include number of seats sold, and revenue received

• User/Drawer Summary - summaries and totals for a specific sales agent or drawer

• Seat Availability Report - listing total, sold, and available seats for a performance/event, definable by sections

• Performance Sales Summary - ticket sales data for a performance or range of performances, including totals for seats, value, and charges for all performances.

• Performance Seating List - list of seats sold for a performance with names of purchaser

• Seating Chart Printout - a seating chart of the space for a specific performance

• Invoice Listing - listing of invoices which have been processed

• Accounts Receivable Report - listing outstanding pledge/partial payment accounts

• Series Sales Report - listing of sales by series or promotion

• Miscellaneous Reports - Please give a listing of reports that come standard with the system, and describe the tools used to generate custom reports, including the architecture of the data and the ability to use ODBC compliant products.

B. Ticketing solution must allow for customizable reports; with vendor intervention and the ability to provide an ad-hoc tool allowing clients to customize reports.

C. Reporting capabilities to be scheduled and delivered electronically; exported to different file formats, including excel, word, PDF, and Live Excel.

D. A solution which provides a native mobile reporting app.

E. Descriptive dashboard and analytic integrations and capabilities for both the desktop, mobile devices and apps.

F. Capabilities for financial reporting within the system.

G. An audit trail of all operator transactions that is timestamped with an operator code ensuring that no financial transactions may be overwritten without an authorizing transaction.

H. Include promoter reporting/dashboard capabilities.

3.7. Service & Support

Service and Support should include but not be limited to:

A. At no cost: Initial training for all client personnel, as well as any training required due to changes of personnel and any subsequent training required because of upgrades, changes, or modifications to software or hardware; Routine maintenance on all installed hardware and software, and an account team that will be responsible for providing support service.

B. Inclusion of comprehensive guidebooks for ticketing operations, scheduled software update releases and upgrades.

C. An organized user group and/or an annual conference for learning/networking opportunities;

facilitate ongoing learning opportunities.

3.8. Fee Structure & Financial Controls

The Fee Structure & Financial Control capabilities should include:

A. A multitude of financial controls, processes, and procedures relating to the ticket sales, financial transactions, processing fees, retainage, and funds disbursement.

B. Internal systems that allow for daily integration of ticket sales transactions into the owner’s existing financial software.

C. Established convenience fees associated with patrons utilizing these services.

4. SPECIAL PROVISIONS

4.1. MINIMUM QUALIFICATIONS

In order to be considered qualified to perform the requested Services, the Bidder must have an active, permanent, and successful operation for a minimum of three years prior to the date of submission of

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

4.2. E-VERIFY

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

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

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

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

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

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

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

4.3. RESTRICTIONS, PROHIBITIONS

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

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

Vendor List.

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

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

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

Legislature, judicial branch or any state agency.

5. PROPOSAL SUBMITTAL AND REQUIREMENTS

5.1. GENERAL

The purpose of the Proposal is to demonstrate the qualification, competence, and capacity of the

Proposers seeking to undertake the required services for the City of Daytona Beach in conformity with the requirement 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.

Several factors will be included in the evaluation of the Proposals, including the Proposer's experience and expertise in providing the requested services, the technical capabilities of the proposed solution, the level of service and customer support, additional features and services, and the overall fee proposal. Cost will not be the sole factor in evaluating responses.

The outline provided below is general in nature and should be used as a baseline for Proposal structure and organization. Proposers should use the information provided in Section 2. Scope of Services to develop and provide a fully comprehensive Proposal response that encompasses the City's needs.

TAB A: BACKGROUND & EXPERTISE

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

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

1. Demonstrated competence in the services to be provided

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

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

4. 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

C. Designate a Principal who will serve as main point of contact. Include Resumes and certifications of all Key Personnel including Principal, Management, and staff assigned to

Security, PCI and software integration.

TAB B: CAPABILITIES OF PROPOSED TICKETING SOLUTION

A. Describe the Proposer’s understanding of the City’s objectives and requirements.

B. Provide a comprehensive explanation of all System, Ticketing, and Reporting Capabilities of the proposed Ticketing Solution.

TAB C: SUPPORT SERVICES

A. Include all details related to Service and Support Levels offered by Proposer.

B. Provide detailed information on how Proposer will provide constant communication with the assigned City personnel.

TAB D: E-COMMERCE, MARKETING, & DISTRIBUTION

A. Demonstrate your ability to meet the City's E-Commerce and Marketing, and Distribution requirements.

B. Outline clearly and concisely the plan for accomplishing these efforts.

TAB E: RECOMMENDATIONS FROM OTHER CONTRACTED ENTITIES

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

TAB F: FEE PROPOSAL

A. Provide a fee proposal for all expenses, including details on the fee structure as it relates to the ticketing services provided within the Scope of Services

B. Provide a detailed review of projected convenience fees associated with patrons using the proposed product or services.

C. 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.

The evaluation factors will determine the consultant’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 within Section 5: Evaluation Criteria. The City reserves the right to request additional evaluation phases including but not limited to presentations and interviews with short-listed Proposers.

6. INDEMNIFICATION & INSURANCE REQUIREMENTS

6.1. Indemnification & Insurance

Indemnification.

The Contractor 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 Work 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 Contractor, 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.

CONTRACTOR will indemnify and hold harmless the CITY, including the CITY’s officers, employees, and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the CONTRACTOR’s negligent acts or omissions, or reckless or intentionally wrongful conduct in the performance of this Contract. For purposes of this Section, the term, “CONTRACTOR,” includes CONTRACTOR’s officers, employees, and agents, including subcontractors and other persons employed or used by CONTRACTOR. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise.

Insurance.

CONTRACTOR will provide and maintain at CONTRACTOR’s own expense, 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.

(a) Coverage and Amounts.

(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers’

Compensation Insurance, for all employees of CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR’S Commercial General Liability insurance policy shall provide coverage to

CONTRACTOR, 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 CONTRACTOR’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.

(3) Cyber Liability Insurance (including third-party coverage) in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate including, but not limited to coverage for network security and privacy liability insurance, fraud, denial of service, extortion expenses, infringement of intellectual property rights, remediations, fines and penalties. The insurance must cover claims which may arise from failure of CONTRACTOR’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data or anyone causing the loss of use of electronic data; loss of personally identifiable information or CITY confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information. The City of Daytona Beach shall be listed as additional insured.

Unless specifically waived hereafter in writing by the Risk Manager, CONTRACTOR agrees that the insurer shall waive its rights of subrogation, if any, against the City on each of the above listed insurance coverages in this section.

(b) Proof of Insurance. CONTRACTOR will furnish proof of insurance acceptable to the CITY prior to or at the time of execution of this Contract. CONTRACTOR will not commence work until all proof of all required insurance has been filed with and approved by the CITY. CONTRACTOR 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, CONTRACTOR 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.

(c) Cancellation; Replacement Required. CONTRACTOR 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 CONTRACTOR’s prior knowledge CONTRACTOR 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 CONTRACTOR’S expense if CONTRACTOR fails to do so.

(d) Termination of Insurance. CONTRACTOR may not cancel the insurance required by this Contract until the work is completed, accepted by the CITY and CONTRACTOR has received written notification from the

Risk Management Division of the CITY that CONTRACTOR 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 CONTRACTOR if the request is made no earlier than two weeks before the work is to be completed.

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

CONTRACTOR 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 CONTRACTOR 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. 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, https://procurement.opengov.com/portal/codb/projects/110815/document?section=1011221 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 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. LOCAL PREFERENCE

Pursuant to the Purchasing Code, preferences may be given in the evaluation of Responsive Offers to

Local Vendor. A “Local Vendor” is a Proposer which has maintained a permanent place of business with full-time employees within the city limits of the City of Daytona Beach for a minimum of six months prior to the date Offers were received for the Contract at issue, which generally provides from such permanent place of business the kinds of services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

In order to qualify as a Local Vendor, the Proposer must submit a properly completed Local Vendor affidavit as part of its Proposal. A Proposer who fails to properly complete and sign this affidavit or submit it with the Proposal will not be considered for local preference in this Solicitation.