RFPLCATicketing System RFP63
RFPLCATicketing System RFP63
RFPLCATicketing System RFP63
FOR A
PRIOR TO AND NO LATE THAN 4:00 PM, WEDNESDAY, JULY 18, 2018
RESPONSES WILL BE CONSIDERED FOR AWARD BY THE CITY OF WALNUT CREEK WITH ALL
PROPSOALS FIRM FOR 90 DAYS FOLLWING THE OPENING THEREOF.
1.1 Background
The Lesher Center for the Arts is located in Walnut Creek, California. First opened in October
1990, the Center presents more than 900 productions and events a year, including a curated
selection of visual art exhibitions. More than 350,000 patrons walk through the Center’s front
doors each year. The Lesher Center for the Arts is owned and operated by the City of Walnut
Creek. Upwards of ninety producers rent our space annually.
The Lesher Center includes three theater spaces at our 1601 Civic Drive address. These include
the Hofmann Theatre, Margaret Lesher Theater, and the George & Sonja Vukasin Theatre. The
Lesher Center also operates the Del Valle Theatre, located about two miles away from
downtown Walnut Creek. Refer to Appendix C for current theater house maps. The Lesher
Center houses the Bedford Gallery, a program of the City’s Arts and Recreation Department.
The Bedford Gallery is the largest community-based visual arts facility between the Bay Area
and Sacramento, with 3,500 square feet of exhibition space.
The Lesher Center also houses Center REPertory Company, or Center REP. Center REP is our
resident professional theatre company. Center REP is a city program within Arts and
Recreation, presenting six to eight productions a season.
The Lesher Center also partners closely with the Diablo Regional Arts Association (DRAA). DRAA
is an incorporated non-profit, 501 (c)(3) organization and the City of Walnut Creek’s designated
curator for the Center’s programming and audience outreach.
The purpose of this Request for Proposal (RFP) is to identify and select a vendor with a proven
track record in ticketing software solutions, including general ticket sales (box office, phone,
and online), subscriptions, patron account management, security, access control, point of sale,
financial and settlement reporting, fund development, marketing reporting, staff training and
other needs addressed in Section 3 New System Requirements. The selected vendor must be
capable of providing all services, including technical support and adequate security, back up
and business continuity protocols. The City desires a single vendor for all services identified in
the RFP. However, the City will consider alternatives such as a prime vendor subcontracting
with a 3rd party service provider for a specific function.
The scope of services should include all software, hardware, and services required to support
the implementation, data migration of ticket sales, support, and ongoing ticket sales.
Refer to Section 2 Current Environment Overview and Section 3 New System Requirements for
additional details and explanation of needs.
The objective of this RFP is to establish a long-term relationship with a vendor capable of
keeping current with the ticketing industry trends and best practices. The vendor should be
capable of solid accounting, in keeping with the City’s current and future needs. The vendor
should also be committed to the constant evolution and improvement of the proposed
ticketing solution. The awarded ticketing solution should strengthen the relationship between
the City, our ticket buyers, our producers and presenting organizations, and other departments
using the vendor’s product.
Figure 1, Selection Process Overview, identifies the selection process the City intends to follow.
The process outlined in this RFP is designed to select a vendor in October 2018.
The RFP and subsequent evaluation of proposals will allow the City to identify a short-list of
qualified vendors. The short-list vendors will then be invited to do an on-site interview and
solution demonstration. Vendors invited for the on-site interview and demonstration will be
provided a series of transactions to perform in advance. These transactions will be directed
through prescribed performances and subscription package configurations. We will also
provide a listing of desired reports and information resulting from these transactions. Please
demonstrate clear instruction with indicated functions, such as ticket exchanges and donations.
Additional details will be distributed directly to the vendors selected for onsite presentations.
Upon completion of the interviews and solution demonstrations, the City will identify a finalist.
Submittal of a proposal does not guarantee a vendor will be invited to demonstrate nor does it
obligate the City to purchase or contract for related services either now or in the future.
The City expects to begin the season and event ticket build and implementation in December
2018, in preparation of the 2019-2020 season ticket sales. In general, 2019-2020 events begin
in August 2019 and continue through June 2020. Exact season dates will vary based on the
producing company’s contracted schedule. Vendors should be prepared to propose a solution
and approach that addresses this timeline, or propose an alternative based on vendor’s past
experience with similar efforts.
Table 1, RFP Schedule of Events, identifies the City’s best estimate of the schedule that will be
followed. The City realizes this is an aggressive timeline, working towards the following season
build and migration. The City encourages vendors to carefully consider and plan accordingly for
the presented schedule of events.
The City reserves the right, at its sole discretion, to adjust this schedule, as it deems necessary.
Notification of any adjustment to the RFP Schedule of Events will be provided to all vendors
that submitted a Letter of Intent to Propose.
Vendors selected for onsite demonstrations with city staff will be provided a series of
transactions to perform in advance. These transactions will be routed through prescribed
performances and subscription package configurations. We will also provide a listing of desired
reports and information resulting from these transactions. These proof-of-capabilities (“POC”)
demonstrations are not intended to be a generic demonstration of the application, but rather a
demonstration of specific product functionality deemed most critical to the City using scenarios
provided by the City. Proposers must be prepared to invest the time and resources in the POC
1 A contract of this size and scope is subject to City Council review and approval. Awarding final
contract to the successful Vendor will be driven by the City Council’s schedule and agenda.
2 Our migration start date may alter based on the City Council’s schedule and agenda. It is our
expressed desire to program our 2019-2020 season in the awarded Vendor’s ticketing solution.
Page | 8 RFP# 2018-631-AR
to be successful in this procurement. Additional details will be distributed directly to the
vendors selected for onsite presentations.
All communications concerning this RFP must be submitted in email to the RFP Coordinator
identified below. The RFP Coordinator will be the sole point of contact for this RFP. Please
address any requests for additional information or clarification via email to Scott Denison,
General Manager, at [email protected]. All vendors who have notified the City of
their intent to respond to the RFP will be provided, via email with a copy of any questions
submitted and the answer given by the City. The City is not responsible for delayed or lost
email, regardless of the cause.
Unauthorized vendor contact with anyone else in the City is expressly forbidden and may result
in disqualifications of the vendor’s bid.
The City will not pay any costs associated with the preparation, submittal, or presentation of
any proposal, including preparation and participation at the proof-of-capabilities
demonstrations.
The City reserves the unilateral right to amend this RFP in writing at any time. The City also
reserves the right to cancel or reissue all or any part of the RFP at its sole discretion. If an
amendment is issued, it will be provided to all vendors submitting a Letter of Intent to Propose.
Vendors will respond to the final written RFP including any exhibits, attachments, and
amendments issued by the City.
Specific questions concerning the RFP should be submitted via email to the RFP Coordinator
(See Section 1.7) before the date identified in Section 1.6 RFP Schedule of Events. Vendor
questions should clearly identify the relevant section of the RFP and page number(s) related to
the question being asked.
Content of all questions and the City’s responses will be emailed to all vendors submitting a
Letter of Intent to Propose (See Section 1.11).
Submittal of a Letter of Intent to Propose, by the specified deadline in Section 1.6, is necessary
to ensure a vendor’s receipt of RFP amendments and other communications regarding the RFP.
The Letter of Intent does not bind vendors to submitting a proposal.
Proposals must be submitted electronically no later than the scheduled deadline time and date
detailed in Table 1, RFP Schedule of Events.
Vendors must submit an electronic copy in a single .pdf file to RFP Coordinator, Scott Denison,
at [email protected]. The subject line of the email should identify “RFP 2018-631-
AR Ticket System Proposal Submission.” The body of the email should identify the following:
Proposal for Lesher Center Ticketing Solution
RFP #2018-631-AR
Name of Vendor
Vendor’s Address
Vendor’s Contact Person
Vendor’s Telephone Number
The City will only accept email attachments up to 10 MB. If the vendor proposal is larger than
10 MB, then the vendor should plan to break up the proposal file into two separate emails.
Refer to Section 4. Proposal Submission Requirements for additional details and guidance.
The City must receive all proposals by the date and time shown in Table 1, RFP Schedule of
Events. Proposals received after this time and date will not be considered.
Vendors are solely responsible for ensuring the proposal is received by the City contact prior to
the deadline. The City will indicate successful receipt of the vendor’s proposal with an email
reply to the submission email that acknowledges receipt. An automated system generated
receipt (e.g. read receipt or delivery receipt) does not constitute proof of successful submittal.
Vendors must receive a specific email from the RFP Coordinator confirming receipt.
Pursuant to California Government Code Section 6250, public records may be inspected and
examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and
under supervision by the custodian of the public record. All submitted proposals are subject to
this code section. If a vendor submits an entire proposal marked confidential, it will be
considered non-responsive.
The Lesher Center Ticket Office supports a variety of producers and clients’ ticketing needs and
requests. This includes a full array of season subscription offers, dynamic pricing, fund
development and giving campaigns, and ticket discounts and promotions. Our main walk up
counter and phone room reside within the Center. The standard Ticket Office schedule, before
any ticketed performance extends these hours, include:
The majority of the weekly Ticket Office service hours overlap between walk up and phone
room work. Our standard phone room hours include:
The Del Valle Ticket Office is only staffed one hour prior to ticketed performances at that
location. The main Ticket Office counter and the Del Valle Ticket Office counter remains open
for walk up and will call 30 minutes following the latest curtain time, typically 8:30p or 8:45p.
We work with upwards of 90 different producers and rental clients each year. Most of their
needs are straightforward, single ticket sales and reporting. Our aggregate historical ticketing
volume is outlined in the following tables. See section 2.2 Current Accounting Process and
Reporting for additional information about our inclusive and exclusive fees.
3 This season summary data is incomplete as the 2017-2018 season ends June 30, 2018. The
information reflected here includes sales information as of April 30, 2018.
4 Ticket Return is the terminology we used for the portion of the published ticket price routed
to event Munis accounts. Refer to 2.2 Current Accounting Process and Reporting for additional
accounting and internal fee details.
Page | 12 RFP# 2018-631-AR
Cancellations (quantity of tickets canceled) 17,408
Net Quantity of Valid Tickets 189,428
Ticket Return Revenue $5,064,403.13
Facility Fee Revenue (inclusive fee) $682,675.00
Convenience Fee Revenue (exclusive fee) $182,822.00
Order Fee Revenue (exclusive fee) $141,193.00
Shipping Fees (exclusive fee) $3,402.00
Grand Total Revenue $6,074,495.13
A select portion of our more professional and established producers offer subscriptions, both
fixed and flex package options. Most of these packages are in a single venue for the season;
however, our largest subscription effort includes fixed packages seated in two venues. Center
REP partners with Contra Costa Musical Theater (CCMT), to offer 4 to 8 show packages each
season. An example is below.
Center REP and CCMT – 8 Show package – fixed seating and fixed date selection
Producer Event Code Venue
Center REP (musical) REP-11718 Margaret Lesher Theatre
CCMT (musical) CCM-11718 Hofmann Theatre
Center REP (play) REP-21718 Margaret Lesher Theatre
Center REP – A Christmas Carol REP-31718 Hofmann Theatre
Center REP (play) REP-41718 Margaret Lesher Theatre
Center REP (play) REP-51718 Margaret Lesher Theatre
CCMT (musical) CCM-21718 Hofmann Theatre
Center REP (musical) REP-81718 Margaret Lesher Theatre
The producers who offer subscription packages tend to offer at least a three show season. Our
largest seasons are typically seven or eight events. Most subscription packages include
guaranteed subscriber seating; however, others are general admission seating. All involve
Straight renewal orders, or renewal orders with no changes, are processed and seated as they
are received. Current subscriber orders renewing with changes, as well as new subscriber
orders, are paid for but not seated until the renewal deadline has passed. The Ticket Office
deposits the funds for the desired package and flags the patron account to be removed from
any telemarketing reporting.
When the renewal deadline has been reached, we release all seat inventories on hold for
unrenewing accounts. We then process change requests in the date order in which they were
received. Our current process deposits change request monies and new subscription requests
into a placeholder Munis account immediately. Finished orders are then purchased by drawing
from this placeholder Munis account. It could be several weeks or months between the change
order and new subscription order being placed and the seating assignments being made. Once
all current subscribers requesting changes have been seated, we begin to process and seat new
subscription orders. This placeholder Munis account zeros out once all change and new
subscriber orders have been seated. Season orders are then batch printed and mailed at a
designated time.
All producers who schedule performances of the same event over multiple days offer free
subscriber exchanges to avoid date conflicts. Subscriber exchanges can be the majority of our
phone room business at peak times during the season. Subscriber exchanges are often even
exchanges, but they can result in either nominal monies due to complete the transaction or a
donation of excess ticket return revenue. At present, we do not refund the price difference for
any uneven exchanges. Excess ticket return revenue is used to purchase a ticket donation in
the corresponding amount of the difference. Example scenarios are outlined below.
Even Exchange Performance Code Price Code Price (Ticket Return + Facility Fee)
Canceling from REP-11617-07 4 Show $41 ($36 ticket return + $5 fac fee)
Moving to REP-11617-14 4 Show $41 ($36 ticket return + $5 fac fee)
Resulting in no monies due or needing to be donated
Uneven Exchange A Performance Code Price Code Price (Ticket Return + Facility Fee)
Canceling from REP-11617-04 4 Show $39 ($34 ticket return + $5 fac fee)
Moving to REP-11617-14 4 Show $41 ($36 ticket return + $5 fac fee)
Resulting in patron applying a $2 dollar transaction to complete the sale
Single ticket holders may also exchange their performance dates with a $5 per ticket exchange
fee. This is an exclusive fee. The table below outlines our ticket exchange volume for the past
three ticket years. This information includes subscription tickets, complementary tickets, and
single ticket exchange transactions.
Exchange activity should not affect any facility fee revenue. Exchanges are only done between
performance dates of the same event. It is with rare occasion where producers authorize us to
exchange tickets between events.
Our lobbies are open to the public during events. We ticket scan admission tickets at each
theater house door. Our ticket stock tickets, print at home tickets, and mobile tickets all
include the following information:
Patron Account Number
Order number
User (Ticket Agent user name or web user for online sale)
Performance Code
Price Code
Price (Ticket Return plus the included facility fee)
Producer
Show title
Day of the week and date of show
Curtain time
Venue
Entry point (which house door is closest to the seat location)
Row letter
5As previously stated, the current 2017-20178 season ends June 30. This reflects season
exchange data as of April 30, 2018.
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Seat number
Our current ticket scanner devices are programmed by theater. Hofmann devices will only
validate Hofmann performance tickets. This adds an extra systematic double check against
human error in ticket scanning and granting admission.
Approved producers have access to a Reporting User Portal in order to generate their own
reports, including but not limited to Performance Sales, Performance Seat Manifest, Donation
Manifest, and Access Control. User restrictions are customizable by user, and include but are
not limited to Producer, Venue, Event, and Performance. Available reports are also
customizable by user. This function helps minimize some producer requested reports. All
financial information reported on the portal reflects ticket return funds only. No fee
information, inclusive or exclusive, is reported to any producer, including those with approved
access to the Reporting User Portal.
Some producers subscribe to dynamic pricing based on a single performance’s theatre capacity.
For example, Million Dollar Quartet will change in price once 97 seats have sold, or have been
allocated in some other manner, which leaves 200 seats available for sale in the Margaret
Lesher Theatre. Pricing tiers are not considered when a performance’s theatre capacity is
calculated, although all pricing tiers are affected during a dynamic pricing change. When
Million Dollar Quartet changes in price, once 97 seats have been sold or allocated, it does not
matter that 50 of those seats have been sold or allocated in the Elite price tier and that 47 seats
have been sold or allocated in the Premium price tier – both the Elite and Premium price tiers
will increase by a prescribed value.
Dynamic pricing changes are currently completed manually. Each performance is initially
flagged and updated with the required capacity that will trigger the next or final dynamic
pricing change. Once a performance reaches its trigger capacity, an email is sent to a
programmed email address. When Million Dollar Quartet has 200 seats available for sale, a
performance capacity update email is sent to the Ticket Office full-time Agents. The following
business day, Million Dollar Quartet will be manually increased by the prescribed value in the
Elite and Premium price tiers, and the performance will be updated/re-flagged to notify the
Ticket Office full-time Agents when that performance has 100 seats available for sale.
Some producers subscribe to dynamic pricing changes based on a date or time. Dynamic
pricing changes based on a date are preprogrammed to change at 12:01 AM PST on a specified
date. Dynamic pricing changes based on a time are manually changed at that specific time.
Our cost agreement with Accesso ShoWare invoices per ticket cost, per package cost, and
gateway fees for credit card processing. We pay monthly based on our business volume
applied to finished orders. The City of Walnut Creek retains all revenue associated with
inclusive and exclusive fees.
The City of Walnut Creek is on a July 1 to June 30 fiscal year cycle. This is also how we align our
ticketing year activity. The City of Walnut Creek uses Tyler Munis, an enterprise resource
planning (ERP) financial software solution. The City migrated to Tyler Munis in 2017. With this
migration, our producer accounting codes updated to include the following elements:
Three Character Alpha Code
5 or 6 numeric season event code
All Ticket Office producer deposits (ticket return monies) are reported at the event level. An
example Munis code is REP-11718, representing Center Rep’s first season event, Million Dollar
Quartet. The first number in the numerical sequence is the order in the season the event is
scheduled. The last four numbers in this numerical sequence indicates the ticket year the sales
occurred, such as 1718 for the current 2017-2018 season. Some producers host more than nine
events in a season, such as DRA-111718. This code is for the eleventh DRAA production in the
2017-2018 season.
Returning to REP-11718, this particular event included 31 performance dates of Million Dollar
Quartet. Our performance codes build on the event code, as illustrated below:
REP-11718-01: Friday Preview, September 1, 2017
REP-11717-02: Saturday Preview, September 2, 2017
REP-11718-03: Sunday Preview, September 3, 2017
REP-11718-04: Opening Night, September 5, 2017
REP-11718-05: Wednesday, September 6, 2017
And so on to REP-11718-31: October 6, 2017 (closing night)
Our subscription codes are also rooted in the Munis code format. The same producer code
(e.g. REP) starts the code and it is ending with the season year information (e.g. 1718). The
middle four character elements identify the package information (e.g. X6S1 for Center Rep’s A
Christmas Carol First Saturday seating chart). This complete package code is REP-X6S1-1718S.
The final “S” is our marker for subscriptions.
Every ticket sold through the Lesher Center Ticket office includes a facility fee. City Council
determines and approves the facility fee amount, based on city staff recommendations. An
alteration to the city fee schedule is beyond the scope of the Ticket Office. The published ticket
price is a summation of the producer’s ticket return and the included facility fee applied to
every ticket sold. Our current facility fee amounts vary between $2, $3 and $5 per ticket. The
facility fee amount is determined by the producer’s desired ticket return, as per the city fee
schedule limits.
Our additional routine fees include exclusive delivery fees based on the nature of transactions.
Our exclusive fees are also driven by the City fee schedule; City Council can update these at
their discretion. Our current exclusive fees include:
Mail fee
o $3 fee applied to single ticket phone orders if a patron chooses mail
Phone fee
o $7 flat fee applied to all phone orders regardless of quantity of tickets
Subscription fee
o $7 per order fee applied to all order forms and renewal invoices
Online fees
o Variable per ticket convenience fee
o $5 per online order fee
6 This season summary data is incomplete as the 2017-2018 season ends June 30, 2018. The
information reflected here includes fee revenue information as of April 30, 2018.
7 Our order fee total includes our $7 phone fee per phone order, $7 per subscription fee order,
and $5 online order fee. These fees are not currently itemized out as they deposit into one
Munis account.
Page | 18 RFP# 2018-631-AR
2016-2017 Season – July 1, 2016 to June 30, 2017 - TY2017
Inclusive or Exclusive Fee Type Amount
Exclusive Mail Delivery Fee $3,402.00
Exclusive Online Convenience Fee $182,822.00
Exclusive Order Fee $141,193.00
Inclusive Facility Fee $682,675.00
Total: $1,010,092.00
Our End of Day (EOD) reporting process summarizes our received daily deposit information (all
payment methods) and allocates the correct funds to the ticket return deposits at the event
level for performance sales and all relevant fee accounts. Munis revenue accounts don’t record
which performance date has sales within an event, only the total of revenue for the top-level
event Munis Code. Our EOD reporting is based on sales and value driven. It is not reflective of
the cost of unpaid inventory moved to orders. An example is below.
If a day’s business also includes any donations or membership activity, the EOD report will
allocate monies to the correct campaign. A summary of our required EOD information includes:
A unique report number assigned for that day’s deposit
Payment Type totals across all transaction activity
o This total should balance with the summation of the totals listed below
8Our current reporting packet also identifies the breakdown of the payment methods across
the event ticket return and fee line items.
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Event Ticket Return totals (including payment type breakdown)
Donation or Fund totals (including payment type breakdown)
Membership totals (including payment type breakdown)
Administration totals (including payment type breakdown) (reference Section 2.3 for
more administration details.)
Included and Excluded fee totals (including payment type breakdown)
Currently, we operate with two pricing code categories, the umbrellas which payment types are
categorized within accounting reports – Box Office and Credit Card.
Payment category Credit Card is more obvious, and includes payment types VISA, MasterCard,
and AMEX. While Box Office payment category catches all other payment types – Cash, Check,
Complementary, Customer Credit, Gift Card (ValuTec), and those possibly less familiar, listed
below:
Benefit Bucks – donor recognition gift certificates, typically valued at $10 each
Third Party Allocations/Consignments:
o Goldstar – to track sales through Goldstar, for settlement
o Groupon – to track sales through Groupon, for settlement
o LivingSocial – to track sales through LivingSocial, for settlement
o Producer – to track sales through the producer of a performance, for settlement
o TodayTix – to track sales through TodayTix, for settlement
o TravelZoo – to track sales through TravelZoo, for settlement
The settlement package from the General Manager includes several standard report elements,
which illustrate event sales from several perspectives. Billable items are driven by the city fee
schedule. Billable items include but are not limited to percentage of sales online, percentage of
credit card sales processed through the Ticket Office, total of third party payment lines, third
party facility fee reimbursement, and comp overage. Each venue is given a comp allotment
based on venue capacity. The full comp allotment for the event is then calculated for the total
of all performances. Producers are not billed based on any comp overage for a single
performance if their event has multiple performance dates – the full allotment of comps across
the full range of performances is taken into account. Any comps issued beyond this comp
allotment are billed a facility fee calculation; refer to the sample billing worksheet for more
details.
All producer related reports reflect ticket return information only; no facility fee information is
included in producer reports as income. Settlement reports include the reconciliation for the
event ticket return account. This producer reconciliation report outlines the payment method
Any Third Party Allocations or Consignments are itemized, including a calculation for the facility
fee included in these external ticket sales. Our facility rent structure is a flat fee or a
percentage of gross ticket return sales, whichever is greater. We account for and issue third
party tickets at their corresponding selling value. Any commission or cost rate negotiated
between the third party outlet and the producer is not in our rent consideration. We account
for the value of the ticket offered for sale to the patron before any third party order or
convenience fees. Producers then see a line item for the city facility fees collected in these
third party sales; we recoup this city fee schedule item at settlement.
Below is an example event and the necessary report information for settlement. This event
involves two performances in our Vukasin Theatre. All of these reports are provided with the
final city settlement invoice, produced by our General Manager and Administrative Office.
Our worksheet assumptions to calculate the Internet Total and Credit Card Total includes:
Our present software provider integrates with ValuTec for our gift card offerings. Our gift cards
are accepted online, over the phone, and in person for Ticket Office purchases. Presently the
gift cards are purchased in fixed amounts online. We can offer custom amounts for phone and
walk up transactions. Gift cards are accepted for tickets, donations, and membership
purchases, but the desire is to also accept this method of payment at our lobby bars, in city
garages, and at the Bedford Gallery.
The Ticket Office facilitates cash campaigns for every producer who offers subscriptions.
Producers who allow ticket exchanges also will see ticket return donations. Donations are
processed as received and appear on the EOD reporting for that day’s business. Donations are
reported and paid to producers on a quarterly basis. Each campaign account zeros out with
each quarterly payment from city accounts to the producers by check. Our online purchase
path also includes a round up donation option with every order. Patrons may add an amount of
their choosing for the indicated campaign. Our historical donation volume includes:
Accesso ShoWare also houses the Lesher Center’s Administration Office’s cash handling and
accounting needs. This includes but is not limited to rental deposits, vending machine revenue,
and commission payments for merchandise concessions. The Administrative Office also
handles Center REP department transactions. These Rep transactions include third party
consignment sales (e.g. Goldstar for Rep performances), prop rental, costume rental, Scene
Shop build commissions, and Young Rep summer tuition payments.
The Bedford Gallery is interested in the possibility of using our next ticketing solution for their
admissions, tour sales, merchandise, workshop registration, and art commission sales.
Additional information about Bedford Gallery needs can be found in Section 3.10. The Bedford
Gallery admissions also include free access to gallery exhibits to valid theatre ticket holders on
the day of the ticketed performance. Gallery admissions are not timed admissions; they are
simply admission for the day of purchase.
9 Campaign information pulled April 30, 2018. This doesn’t reflect the complete ticket year.
Page | 24 RFP# 2018-631-AR
A summary of the admissions activity includes:
2.4 Ticket Office Equipment and other Ticket Agent Related Items
The City of Walnut Creek uses virtual workstations for most staff members. This includes all
Ticket Office workstations. Each station has a WYSE network box to reach a Ticket Office
Agent’s Windows virtual desktop. Virtual desktops were upgraded to Office 2016 in January of
2018. The Ticket Office uses networked Boca printers. Not every workstation includes a
dedicated Boca printer. Ticket Agents have access to all network printers regardless of which
station they are located.
We use Cisco Agent software to manage our phone queue. Full-time Ticket Agents also have
Cisco Supervisor software to monitor the phone queue and manage all Ticket Agent call activity.
Our historical phone queue volume includes:
The Lesher Center employs a part-time Group Sales Agent with pay based on commission. The
Ticket Office currently maintains commission based sales manually with an Excel spreadsheet.
Commissions range by sales type – individual performance (10% charge to producer, 8% to
Group Sales Agent) versus season subscription (3% charge to producer, 2.5% to Group Sales
Agent). However, all commission based sales exclude all fees (including inclusive facility fees),
so the percentage charged to producers and paid to the Group Sales Agent fully excludes all
fees when the percentage amount due/paid is calculated. If the Group Sales Agent sells ten $50
tickets ($45 ticket return, plus $5 facility fee) to Million Dollar Quartet, an individual
performance, totaling $500 paid, then Center REPertory, the producer, will be charged $45
($500 ticket return, minus $50 facility fee, times 10%), and the Group Sales Agent will receive
$36 ($500 ticket return, minus $50 facility fee, times 8%).
10Current Bedford Gallery 2017-2018 season ends June 30, 2018. These numbers are as of April
30, 2018.
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We’ve integrated several Google documents for Ticket Agent reference. Links for these
documents are incorporated in the welcome or home landing screen of our current platform.
These documents include:
Info sheet (producer info, on sale information, special offer and discounts, and so on.)
ADA notes (performance specific notes of known accessibility concerns)
Problems Folder (digital notes of a physical file with orders awaiting further information
from patrons before processing)
Producer comp lists (for redemption in person or reservations over the phone)
Our producers (rental clients and resident companies) have varied demands and needs from
the Ticket Office. Below is a summary of the most common needs, desired features, and
requests of the Ticket Office. Please describe the full capabilities of your ticketing solution by
addressing these needs. The ticketing solution will also contain Lesher Center Administrative
Office transactions and Bedford Gallery needs (See Section 3.10 Lesher Center Administration
and Bedford Gallery).
Items marked with “Demo Task” will be incorporated into the provided series of transactions to
perform in advance by those vendors selected to present onsite demonstrations. These
transactions will be routed through prescribed performances and subscription package
configurations. We will also provide a listing of desired reports and information resulting from
these transactions. These proof-of-capabilities (“POC”) demonstrations are not intended to be
a generic demonstration of the application, but rather a demonstration of specific product
functionality deemed most critical to the City using scenarios provided by the City.
Proposals should be organized consistent with the outline provided in this section of the RFP.
Vendors must follow all formats and address all portions of the RFP set forth herein providing
all information requested. Vendors must retype or duplicate any portion of this RFP for use in
responding to the RFP.
Failure to follow the specified format, to label the responses correctly, or to address all of the
subsections may, at the City’s sole discretion, result in the rejection of the Proposal.
Proposals should not contain extraneous information. All information presented in a Proposal
must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not
incorporated into the body of the Proposal itself, must reference to the appropriate place
within the body of the Proposal. Any information not meeting these criteria will be deemed
extraneous and will not factor into the evaluation.
The proposal must provide a written transmittal of the proposal in the form of a standard
business letter. The Transmittal Letter will reference and respond to each of the following
bulleted items:
Signature of a company officer empowered to bind the vendor to the provisions of this
RFP and any contract awarded pursuant to it.
A high-level statement of the vendor’s credentials to deliver the services sought under
the RFP.
A statement indicating the proposal remains valid for at least 90 days.
A statement that the vendor or any individual who will perform work for the vendor is
free of any conflict of interest (e.g., employment by the City or any other existing
business relationship or arrangement with a City official or employee regarding this
RFP).
Identify any exceptions that the vendor wishes to take from the City’s standard service
terms and conditions as found in Appendix A.
All pages are to be numbered and the table of contents should identify each major section.
This section of the proposal must include the following company information:
Provide the legal entity name, Federal Employer Identification Number (EIN), and form
of business (i.e. Corporation, LLC, etc.).
Identify if the vendor is a subsidiary of a larger company. If so, whom?
Provide the proposal contact name, address, phone number, and email address.
Identify the location of company headquarters and office that will support the
implementation.
Identify the location of ongoing maintenance and support staff.
Identify all subcontractors and associated scope of work.
Identify any pending litigation against the vendor.
Identify if vendor has filed any bankruptcy or insolvency processing in the last 10 years.
Identify any mergers, acquisitions, or sale of the vendor company within the last five
years. If so, provide an explanation with relevant details.
Vendors are required to provide all requested information. Failure to provide a full response
may provide a basis of disqualification.
In this section of the proposal, the Vendor should identify company and staff qualifications and
experience in implementing solutions. More specifically, this section should identify the
following:
4.1 – Describe your experience with government owned performing arts centers with a
diverse user base.
4.2 – Describe your experience in implementing ticketing solutions for a rental venue
that hosts a variety of ticketing needs and diversity in user sophistication.
4.3 – Identify your existing client base including the number of clients you provided the
services being proposed here.
The vendor must provide at least four references. At least two of the references should be fore
venues that migrated to the solution within the last three years. At least two references should
be for clients that are government owned theaters or performing arts venues. The City prefers
references from venues with similar demographics and ticketing needs. For each reference,
Vendor should provide the following information:
Entity name
Customer contact information (name, title, phone number, and email)
Scope of work performed identifying the services provided and solutions implemented
Project start date and end date
Website URL(s)
In this section, the Vendor should identify the proposed solutions up to and including the
following:
6.1 – Provide a comprehensive overview of the solution proposed.
6.2 – Provide a written response that addresses each requirement in Section 3
individually. The first sentence of each requirement response should clearly indicate
whether the vendor’s proposed solution meets, does not meet, or would require
customization/3rd party solution. Vendors are encouraged to provide an adequate
description of how the solutions meets the requirements to allow the evaluators to fully
understand the features, functions, and capabilities.
The City is seeking a clear and comprehensive understanding of all costs associated with
general ticket sales (box office, phone, and online), subscription, patron account management,
access control, point of sale, financial and settlement reporting, fund development, marketing
reporting, staff training and other needs addressed in Section 3 New System Requirements. In
this section, the vendor must itemize all costs.
In this section, the vendors are required to provide the following materials:
Internal control/cash handling and auditing procedures and related reports that would
be provided to the City
Examples of Settlement reporting provided for Internet-based transactions.
Examples of the standard reports provided by the system. Include financial, accounting
and reconciliation reports
Example of the user and administrative manuals
Example of a training manual
Any proposed software licensing, hosting, and maintenance and support agreements
A City Selection Committee will review all proposals to determine which vendors are qualified
for consideration. The initial review will evaluate submissions for conformance to stated
specifications in order to eliminate all responses that deviate substantially from the basic intent
and/or fail to satisfy the mandatory requirements of the RFP. Following the initial review, the
evaluators will complete a detailed review of vendor proposals. Proposals will be evaluated
based on the following evaluation criteria:
Quality, clarity, and responsiveness of proposal
Ability to provide a ticketing solution that meets the current and future needs of the
City
Proven ability to plan, implement, and support the ticketing solution
Demonstrated ability to work in a cooperative and collaborative manner with clients
Proposed timeline
Anticipated value and price
Perceived risk or lack thereof
Company financial stability
References for each of the primary product(s) and service(s) proposed
Results of interviews, demonstrations, and site visits
Ability to prepare and execute a contract in a timely manner
The City reserves the right, at is sole discretion, to request clarifications of proposals or to
conduct discussions for the purpose of clarifications with any or all vendors. The purpose of
6.1 Collusion
By submitting a response to the RFP, each vendor represents and warrants that its response is
genuine and is not made in the interest of or on behalf of any person not named therein; that
the vendor has not directly induced or solicited any other person to submit a sham response or
any other person to refrain from submitting a response; and that the vendor has not in any
manner colluded to secure any improper advantage over any other person submitting a
response.
6.2 Gratuities
No person will offer, give or agree to give any City employee or its representatives any gratuity,
discount, offer of employment, or other financial advantage in connection with the award of
contract by the City. No City employee or its representatives will solicit, demand, accept or
agree to accept from any other person a gratuity, discount, offer of employment, or other
financial advantage in connection with a City contract.
Vendors should carefully review this RFP and all attachments, including but not limited to the
Standard Master Services Agreement, for comments, questions, defects, objections, or any
other matter requiring clarification or correction (collectively called “comments”). Comments
concerning RFP objections must be made in writing and received by the City no later than the
"Deadline for Written Questions and Comments" detailed in the Table 1, RFP Schedule of
Events. This will allow issuance of any necessary amendments and help prevent the opening of
defective proposals upon which contract award could not be made.
Protests based on any objection will be considered waived and invalid if these faults have not
been brought to the attention of the City, in writing, by the Deadline for Written Questions and
Comments.
Vendors are liable for all errors or omissions contained in their proposals. Vendors will not be
allowed to alter proposal documents after the deadline for submitting a proposal.
If the City determines that a vendor has provided, for consideration in the evaluation process or
contract negotiations, incorrect information which the vendor knew or reasonably should have
known was materially incorrect, that proposal will be determined non-responsive, and the
proposal will be rejected.
The City reserves the right to refuse, at its sole discretion, any subcontractors or any personnel
provided by the prime contractor or its subcontractors. The City reserves the right to interview
and approve vendor’s key staff. Vendor’s staff may be subject to the City’s background and
drug testing processes at any time.
If a vendor indicates an offer of services in addition to those required by and described in this
RFP, these additional services may be added to the contract before contract signing at the sole
discretion of the City.
6.9 Licensure
Before a contract pursuant to this RFP is signed, the vendor must hold all necessary, applicable
business and professional licenses, including, but not limited to, a City of Walnut Creek Business
License. The City may require any or all vendors to submit evidence of proper licensure.
By submitting a response to the RFP, the vendor certifies that no amount will be paid directly or
indirectly to an employee or official of the City as wages, compensation, gifts, or other
compensation in exchange for acting as an officer, agent, employee, subcontractor, or
consultant to the vendor in connection with the procurement under this RFP.
Any individual, company, or other entity involved in assisting the City in the development,
formulation, or drafting of this RFP or its scope of services will be considered to have been
given information that would afford an unfair advantage over other vendors, and said
individual, company, or other entity may not submit a proposal in response to this RFP.
After a review of the proposals and completion of the reference checks, interviews, and
demonstration, the City intends to enter into contract negotiations with the selected vendor.
These negotiations could include all aspects of services and fees. If a contract is not finalized in
a reasonable period of time, the City may open negotiations with the next ranked vendor or
reject all proposals and reissue the RFP.
The City reserves the right, at its sole discretion, to reject any and all proposals or to cancel this
RFP in its entirety.
Any proposal received which does not meet the requirements of this RFP may be considered to
be nonresponsive, and the proposal may be rejected. Vendors must comply with all of the
terms of this RFP and all applicable State laws and regulations.
Vendors may not restrict the rights of the City or otherwise qualify their proposals. If a vendor
does so, the City may determine the proposal to be a nonresponsive counteroffer, and the
proposal may be rejected.
The City reserves the right, at its sole discretion, to waive variances in technical proposals
provided such action is in the best interest of the City. Where the City waives minor variances in
proposals, such waiver does not modify the RFP requirements or excuse the vendor from full
compliance with the RFP. Notwithstanding any minor variance, the City may hold any vendor to
strict compliance with the RFP.
All proposals and other materials submitted in response to this RFP procurement process
become the property of the City. Selection or rejection of a proposal does not affect this right.
All proposal information, including detailed price and cost information, will be held in
confidence during the evaluation process. Upon the completion of the evaluation of proposals,
Each vendor should be aware that although the California Public Records Act recognizes that
certain confidential trade secret information may be protected from disclosure, the City might
not be in a position to establish that the information, which a vendor submits, is a trade secret.
If a request is made for information marked “confidential”, the City will provide the vendor who
submitted such information with reasonable notice to allow the vendor to independently seek
protection from disclosure by a court of competent jurisdiction.
6.14 Severability
If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the
validity of the remaining terms and provisions will not be affected; and, the rights and
obligations of the City and vendors will be construed and enforced as if the RFP did not contain
the particular provision held to be invalid.
This RFP and the successful proposal will be incorporated into the final contract.
The City will not accept any amendments, revisions, or alterations to proposals after the
deadline for proposal submittal unless such is formally requested, in writing, by the City.
The City reserves the right to share with any consultant of its choosing this RFP and proposal
responses in order to secure a second option. The City may also invite said consultant to
participate in the Proposal Evaluation process.
6.18 Warranty
The selected vendor will warrant that the proposed solution will conform in all material
respects to the requirements and specifications as stated in this RFP and as demonstrated
during the evaluation process. In addition, the requirements as stated in this RFP will become
part of the subsequent agreements.
Appendix
It is recognized that the formal basis of any agreement between the City and the vendor is a
contract rather than a proposal. In submitting proposals, Vendors must indicate that they are
prepared to complete the City’s Agreement for Services as presented on the following pages.
The RFP, vendor’s proposal, and interview/demonstration results will become part of the
agreement between the City and the successful vendor.
The selected vendor will be expected to accept these terms and conditions unless they otherwise
take exception in their proposal.
THIS AGREEMENT is entered into as of _________________, 201_, by and between the City of
Walnut Creek, a California municipal corporation (“City”), and _________________ (“Contractor”).
RECITALS
A. The City wishes to contract for the provision of services, as further described in this
Agreement.
B. Contractor has submitted a proposal for said services which City staff has reviewed and found
acceptable.
NOW, THEREFORE, in consideration of the terms and conditions contained in this Agreement,
the City and Contractor agree as follows:
AGREEMENT
1. Services. Subject to the terms and conditions set forth in this Agreement (“Agreement”),
Contractor shall provide all services described in the City’s Request for Proposal # 2018-631-AR,
including any amendments or addendums thereto, and in Contractor’s proposal dated _______________,
201_, including any amendments or addendums thereto. All of the above-mentioned documents are
intended to complement each other such that any work called for in one document, and not mentioned in
the other documents, or vice versa, is to be executed the same as if mentioned in all of said documents.
The time of performance of the services under this Agreement is important to the City, and all time
deadlines identified in this Agreement shall be strictly construed.
3. Term; Termination.
b. Termination. Should Contractor fail to perform any of its obligations hereunder, within
the time and in the manner provided or otherwise violate any of the terms of this Agreement, the
City may provide written notice of such default and, in the event Contractor fails to cure such
default to the reasonable satisfaction of the City within seven (7) days, City may immediately
terminated this Agreement. Notwithstanding the foregoing, City may terminate this Agreement at
any time for any reason whatsoever upon thirty (30) days written notice to the Contractor. Upon
any termination of this Agreement, Contractor shall stop work at the stage directed by City and
shall deliver all drawings, specifications and documentation developed as of said stage.
Contractor shall accept as full payment for services rendered to the date of termination a pro rata
share of the total Agreement payment based on the portion of work actually performed.
Contractor represents that it and its employees are fully qualified to perform the services under
this Agreement. Contractor represents and warrants to the City that Contractor has, and at all times during
the performance of this Agreement shall, maintain all licenses, permits, qualifications, and approvals that
are required for Contractor to practice Contractor’s’ profession. Contractor shall assign only competent
personnel to perform services under this Agreement. If the City, in its sole discretion, at any time, desires
the removal of any person or persons assigned by Contractor to perform services under this Agreement,
Contractor shall remove any such person immediately upon receiving notice from the City.
Contractor shall, at its sole cost, expense, and liability; furnish all facilities and equipment that
may be required for furnishing services under this Agreement.
5. Independent Contractor. Contractor, its agents, employees and independent contractors are
and shall at all times remain as to the City wholly independent contractors. Neither the City nor any of its
officers or employees shall have any control over the manner by which the Contractor performs this
Agreement and shall only dictate the results of the performance. Contractor shall not represent that
Contractor or its agents, employees or independent contractors are agents or employees of the City.
Contractor is responsible for the payment of all taxes, workers’ compensation insurance and
unemployment insurance. Contractor shall obtain no rights to retirement benefits or other benefits that
accrue to City’s employees, and Contractor hereby waives any claim it may have to any such rights.
Except as the City may specify in writing, Contractor shall have no authority, express or implied,
to act on behalf of the City or to bind the City to any obligation.
7. Accounting Records. Contractor agrees to maintain all records and other evidence pertaining
to costs incurred and work performed under this Agreement, and shall make them available at the
Contractor’s office during the Agreement period and thereafter for a period of three (3) years from the
date of receipt of final payment.
8. Ownership of Documents and Data. All data, maps, photographs, and other material
collected or prepared under this Agreement, and all documents of any type developed or obtained by
Contractor in the performance of this Agreement, shall become the property of the City. Any re-use of
designs without Contractor’s written authorization will be at the City's risk.
9. Indemnification. Contractor shall, to the fullest extent permitted by law, indemnify, defend
(with independent counsel approved by the City), and hold harmless the City from and against any claims
arising out of Contractor’s performance of or failure to comply with any of its obligations under this
Agreement, except to the extent caused by the sole negligence or willful misconduct of the City.
In this section, “City” means the City, its officials, officers, agents, employees and volunteers;
“Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related
costs and expenses in connection therein) and any allegations of these; and “Arising out of” includes
“pertaining to” and “relating to”.
The provisions of this section survive completion of the services or the termination of this
contract, and are not limited by the provisions of Section 10 relating to insurance.
10. Insurance. Contractor shall procure and maintain at its sole cost for the duration of this
Agreement the following insurance:
(1) General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, the
(2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(a) The City, its officers, officials, employees, agents and volunteers
are to be covered as additional insured as respects: liability arising out of
activities performed by or on behalf of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased or borrowed by Contractor. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees, agents or volunteers.
a. Notice. Any notice to be given under this Agreement shall be given by enclosing
it in a sealed envelope, first-class postage prepaid, and depositing it in the United States mail,
addressed to the party at the following address. Notice shall be deemed received three business
days after mailing, or upon personal delivery.
CONTRACTOR: _________________________
_________________________
_________________________
d. Prohibited Interests. No officer or employee of the City shall have any direct
financial interest in this Agreement. This Agreement shall be voidable at the option of the City if
this provision is violated.
e. Governing Law; Venue. California law shall govern this Agreement. Any action
to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the
County of Contra Costa, California.
h. Authority. All parties executing this Agreement represent and warrant that they
are authorized to do so.
12. Signatures.
By: __________________________
ARCS Director Date: _________________________
Approved as to form:
______________________________
City Attorney City business license # _______________
Ticket Sales
The Department of Justice published revised final regulations implementing the Americans with
Disabilities Act (ADA) for title II (State and local government services) and title III (public
accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These
requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new,
and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Overview
Providing equal opportunity to people with disabilities is the fundamental principle of the Americans
with Disabilities Act (ADA). This publication provides guidance on the
Department's new nondiscrimination requirements that apply to selling tickets for assigned seats at
events such as concerts, plays, and sporting events. The requirements, which are identical for title II and
title III entities, apply to tickets sold for single events and those sold for a series of events (e.g.,
subscriptions or season tickets).
The requirements, which went into effect on March 15, 2011, address:
Ticket sales;
Ticket prices;
Identification of available accessible seating;
Purchasing multiple tickets;
Ticket Transfer;
Secondary ticket market;
Hold and release of tickets for accessible seating; and
Prevention of fraud in purchase of tickets for accessible seating.
Over the past 20 years, some public and private venues, ticket sellers, and distributors have not
provided the same opportunity to purchase tickets for wheelchair-accessible seats and non-accessible
seats. The general public has been able to directly and immediately purchase tickets for non-accessible
seats, whether through a venue's Internet site or its box office, or through a third-party Internet based
vendor. However, these direct purchase options have simply been unavailable to many individuals with
disabilities because transactions frequently could not be completed. Instead the purchaser was directed
to send an e-mail or to call a separate telephone number to request tickets and wait for a response.
These burdensome policies still exist, making it difficult or impossible for those who require accessible
seats to purchase tickets, especially for popular events that sell out in minutes. As of March 15, 2011,
venues that sell tickets for assigned seats must implement policies to comply with the new ticketing
requirements.
Aisle seats with retractable or removable armrests, which are called "designated aisle seats" and can be
used by some people with disabilities, are not covered by these ticketing requirements.
People with mobility disabilities who require accessible seating because of their disability are permitted
to purchase tickets for accessible seats. This group includes people who use wheelchairs, those who use
other mobility devices, and people who cannot climb steps or walk long distances because of significant
arthritis or severe respiratory, circulatory, or cardiac conditions. Individuals who, because of their
disability, cannot sit in a straight-back chair or those whose service dogs cannot fit under a non-
accessible seat or lie safely in the aisle are also permitted to purchase accessible seats. Tickets for
accessible seats may be sold to individuals who require accessible seating themselves or to someone
purchasing on their behalf. People with disabilities who do not require the specific features of accessible
seating but merely have a preference for them are not entitled to purchase accessible seats.
Ticket Prices
Venues cannot charge higher prices for accessible seats than for non-accessible seats in the same
seating section. This concept also applies to service charges added to the cost of a ticket, whether
charged by the venue or a third-party seller. Venues must offer accessible seats in all price categories
available to the public.
Many existing facilities may not have accessible seating in all price categories because of existing
architectural barriers. Under the ADA, a venue must remove such architectural barriers where doing so
is readily achievable. What is readily achievable ("easily accomplishable and able to be carried out
without much difficulty or expense") depends on the venue's architectural structure and resources. In
those situations where it is not readily achievable to remove the barriers in a part of an arena or
auditorium, the venue must offer a proportional number of seats in an accessible location at the same
price. The ratio of the total number of seats in the non-accessible price level to the total number of seats
in the venue is used to determine the number of accessible seats that must be provided in an accessible
location.
For example, Sections 221.1 and 221.2 of the 2010 Standards require a 1000-seat venue to have 10
wheelchair-accessible seats dispersed horizontally and vertically. The venue, built in 1980, has 200 seats
in its inaccessible upper balcony where tickets are generally priced at $50. The total number of seats in
the venue divided by the total number of seats in the upper balcony (1,000 divided by 200) is 20
percent. The venue must relocate 20 percent of its required accessible seating (in this instance, two
seats) to an accessible location at the $50 price level (for individuals with disabilities and their
Venues and third-party sellers must provide the same information about accessible seats as provided
about non-accessible seats, using the same text and visual representations. Typically information about
location, price, view, and seat availability is provided. Accessible seats must be described in enough
detail to permit the purchaser to determine if a seat meets his or her needs. If a venue has detailed
maps or displays of seating configurations on its website or if it provides seating information in its
pamphlets or brochures, including information for particular events or shows, it must include
information on accessible seating in the same detail as is provided on non-accessible seating.
People purchasing a ticket for an accessible seat may purchase up to three additional seats for their
companions in the same row and these seats must be contiguous with the accessible seat. Accessible
seats may be used as companion seats. If contiguous seats have already been sold and are not available,
the venue must offer other seats as close as possible to the accessible seat. If those seats are in a
different price category, the venue is not required to modify the price and may charge the same price as
it charges others for those seats. Where a venue limits ticket sales to fewer than four tickets, those
limits also apply to tickets for accessible seats. Similarly, when a venue allows the purchase of more than
four tickets, that policy also applies to tickets for accessible seats, but only three companion seats must
be contiguous with the accessible seat.
Group Sales
Many venues offer a group sales rate for groups of a pre-determined size. If a group includes one or
more individuals who need accessible seating, the entire group should be seated together in an area
that includes accessible seating. If it is not possible to seat the entire group together and the group must
be split, the tickets should be allocated so that the individuals with disabilities are not isolated from
others in their group.
Generally, tickets for accessible seats may not be sold to members of the general public who do not
need the specific features of accessible seats. However, in three specific circumstances, unsold
accessible seats may be released and sold to members of the general public:
when all non-accessible seats have been sold (excluding luxury boxes, club boxes, suites, and
seats the venue holds back when declaring a sell-out); or
when all non-accessible seats in a particular seating section have been sold, unsold accessible
seats in that section may be released; or
when all non-accessible seats in a particular price category have been sold, unsold accessible
seats in that price category may be released.
Another option may be selected for a different event. However, venues are not required to release
accessible seats and may choose to hold back all or a portion of the remaining accessible seats.
Accessible seats for a series, subscription, or season tickets may be sold to members of the general
public in the same three circumstances – in the case of a sell-out of all non-accessible seats, of all non-
accessible seats in a particular seating location, or all non-accessible seats in a particular price category.
However, in order to avoid foreclosing the availability of accessible seating for years in the future,
venues must set up a process to prevent automatic renewal of accessible seats that have been sold to
the general public. One way venues can accomplish this result is by advising an individual ticket
purchaser who is receiving accessible seating, at the time of purchase, that, whenever other patrons in
non-accessible seats fail to renew their subscriptions, the venue will only allow this particular individual
to renew by switching that individual to non-accessible seats in the same section or price level. Of
course, if no comparable non-accessible seats become available, the venue may continue to allow this
individual to renew the use of the accessible seats until comparable seats become available.
If venues permit patrons to give or sell their tickets to others, the same right must be extended to
patrons with disabilities who hold tickets for accessible seats and to persons with disabilities who intend
to buy or receive tickets on the secondary ticket market. An individual with a ticket for an accessible seat
may transfer it to anyone, including someone who does not have a disability. Venues cannot require
that accessible seats only be transferred to someone with a disability.
An individual who has purchased a non-accessible seat through the secondary market but needs an
accessible seat must be permitted to exchange the ticket for a comparable accessible seat, if one is
available. A venue may choose to move a patron to another seat in order to give that accessible seat to
a patron with a disability who requires it, but is not obligated to do so.
Venues cannot require proof of disability as a condition for purchasing tickets for accessible seats.
However, venues and third-party vendors may take steps to prevent the fraudulent sale and use of
accessible seating. For single event tickets, venues may ask purchasers to state that they require, or are
purchasing tickets for someone who requires, the features of an accessible seat. For series of events
tickets, purchasers may be asked to attest in writing that they require, or are purchasing tickets for
someone who requires, the features of an accessible seat. These steps may be used in all sales, including
those over the Internet. Venues may also mark tickets to clearly identify that they are for accessible
seats. Some venues include on tickets for accessible seats a message stating that, if the user of the ticket
does not need the specific features of the accessible seat, the venue may require the ticket holder to
move to a different, non-accessible seating location.
Staff Training
A critical and often overlooked component of ensuring successful compliance is comprehensive and
ongoing staff training. You may have established good policies, but if your staff are not aware of them or
do not know how to implement them, problems can arise. Venues of all sizes are strongly encouraged to
educate venue managers, box office staff, individuals answering phones or responding to Internet
inquiries, and any other staff involved in ticket sales about the ADA's requirements. Other paid or
volunteer staff who interact with the public (e.g., ushers, event security) should also be trained. Ticket
distributors and third-party ticket vendors are also strongly encouraged to provide ongoing training to
their staff about these requirements.
ADA Website
www.ADA.gov
To receive e-mail notifications when new ADA information is available, visit the ADA Website’s home
page and click the link near the top of the middle column.
M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)