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RFP Metro Bus Transit Advertising Program Attachments 2
RFP Metro Bus Transit Advertising Program Attachments 2
Proposal Submission: Proposals will be received until 3 pm CST, on August 14, 2018.
All proposals must be clearly labeled “Metro Bus Advertising Program RFP.”
I. OBJECTIVE OF RFP
Metro Bus is seeking a qualified contractor to provide and manage bus advertising service in a manner
acceptable to Metro Bus’s advertising policy.
The Metro Bus advertising policy is posted on the Metro Bus website’s advertising page:
https://www.ridemetrobus.com/home/contact-information/advertising/
1. Solicit and procure advertisers for available advertising space on Metro Bus transit assets;
2. Produce all sales pieces (rate cards, etc.).
3. Be responsible for sales and marketing for available transit assets except as directed by Metro Bus.
Metro Bus reserves the right to use a set amount of advertising space for its exclusive use for any
purpose as deemed to be in the best interest of the agency. SEE ATTACHMENT F.
4. Provide account management, including billings and collections;
5. Production, supply, installation and maintenance of advertisements. All advertising materials displayed
on Metro Bus’s available assets shall be of a quality so as to maintain an attractive appearance and to
withstand the elements and general asset maintenance (e.g. cleaning);
6. The installation and future removal of bus interior and exterior ads shall be performed on-site at an
indoor facility area at the Metro Bus Operations Center, 665 Franklin Ave NE, St. Cloud, MN 56304. For
bus wraps, Metro Bus will run the vehicle through the bus wash and remove all lights and fixtures. The
selected vendor is responsible for any additional prep required for installation or removal. Vendor to
schedule installation and removal of ads in advance with Metro Bus.
7. Specific to exterior bus wraps: Windows to use 50/50 perforated vinyl suitable for vehicle windows.
On the curbside the first window after the entrance door to be left clear of any vinyl.
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8. Advertisements shall comply with Metro Bus advertising policy.
9. Restoration of artwork, production and painting of vehicles and other assets used in the advertising
program at the end of each ad campaign contract, including placement of reflective vinyl of fleet
numbers and yield signs over any vinyl wrap should they cover this information.
10. Preparation of reports pertaining to the provision of the service on a monthly basis, including copies of
all contracts with advertisers; and
11. Other work as may be necessary to comply with the requirements contained in the agreement
12. Metro Bus shall not incur any costs relating to the services identified above. Proposer must furnish all
equipment, labor, supervision, any/and all required materials and services.
13. Geographic advertising sales will not be permitted. The fleet is assigned based on a variety of
considerations and assigning vehicles to keep certain signs in certain parts of the service area will not
be permitted.
Contact Length:
The initial term of the contract shall be a three (3) year period beginning on the date of contract execution
with the possibility of (1) two (2) year option, for a total of five (5) years. The option years may be exercised
by mutual agreement.
Metro Bus reserves the right to waive any minor proposal informalities or irregularities that do not affect the
substance of the proposal or prejudice other proposers. Metro Bus reserves the right to accept any
proposal or any part or parts thereof or to reject any and all proposals submitted. Conditional proposals, or
those that have taken exception to the specifications, will be considered nonresponsive and will be
rejected. Any unapproved deviations, exceptions, substitutions, alternates or conditional qualifications
contained in a proposal submission may be cause for its rejection. Proposal packets should be single-sided
and no more than 20 pages in length— cover pages do not count under this limit.
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2. Company Profile: Proposers should include:
a. The firm’s name, business address, and telephone number as well as a brief description of the
firm’s presence nationally and locally.
b. Date of establishment, type of organization and local organizational structure.
c. A discussion of the firm’s advertising capabilities and resources.
d. Computer systems and software used, in-house or outsourced printing, staff size, local and
national expertise.
e. A brief history of the firm, describing experience, size, headquarters location, key
principals/officers and length of time in business.
3. Payment: Each proposer should clearly state a payment proposal/revenue share for Metro Bus.
This should include:
a. Minimum guaranteed payment for compensation to Metro Bus for each year of the proposed
contract.
b. Percentage rate on sales revenue to be paid to Metro Bus. Specifying the basis on which the
percentage rate will be applied (gross or net revenue and what expenses are deducted to
determine net revenue).
c. Method of payment to be used (i.e., monthly, quarterly, semiannually or annually).
d. Compensation structures must be outlined for Metro Bus with corresponding rational.
Proposers must submit a table showing gross revenue, expenses, and their calculation of the
net revenue broken down by advertising type anticipated to be paid to Metro Bus during the
first three years, plus one optional two-year timeframe of the agreement.
4. Experience and References:
a. Provide a list of three (3) current and/or former clients as references. Include the name, telephone
number and email address of a contact person for each current and former client listed.
b. Indicate the dates and length of time the firm has served each client, the size of the operation, the
creative methods used by the firm to increase revenue and the ways in which the firm increased
revenue for each client. Examples of advertising artwork designs used should be submitted.
c. Provide a list of major accounts added within the past 24 months.
5. Project Approach: Proposers should provide a concise description of the marketing plan, including
but not limited to, staffing levels, marketing the ads sales, etc., based on the Metro Bus’s available
space, and aimed at securing business from national as well as local and regional advertisers for this
project.
6. Litigation: List and briefly describe the circumstances and status of any litigation involving the firm
that was initiated from January 1, 2013 to the present.
7. Statement of Qualification: Provide a statement regarding why the firm would be most qualified to
handle this account, including past experience in serving transit companies and other public agencies.
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8. Statement of financial stability and solvency: A statement of financial condition of the company
including at least one bank reference and two supplier references.
Qualifications for Award:
Contract award shall be made only to a proposer found to be both responsive and responsible.
Responsive proposals are those complying in all material aspects of this RFP, both as to the method and
timeliness of the submission and as to the substance of the proposal. Proposals that do not comply
with all the terms of this RFP will be deemed non-responsive and rejected. Proposers will be notified
in writing (email) within thirteen (13) days following the RFP closing date if their proposal is deemed
responsive.
Responsible proposers are those prospective contractors who, at a minimum, show that the firm:
1. Has adequate financial resources, as required during performance of the Agreement.
2. Has a satisfactory record of past performance in similar projects.
3. Has the necessary organization, facilities, personnel, capability and expertise to perform the tasks
expected for this project.
4. Is not on the U.S. Comptroller General’s list of ineligible contractors.
5. Is otherwise qualified and eligible to receive an award under applicable laws and regulations.
Metro Bus shall determine whether or not the evidence submitted is satisfactory. Metro Bus will make
awards only when such evidence is deemed satisfactory, and reserves the right to reject proposals where
evidence submitted is determined to be fraudulent, or evaluation and investigation indicates inability of
the proposer to perform.
Metro Bus shall evaluate the proposers and their submitted proposals, and select the most qualified
proposer according to the process outlined below. Metro Bus is searching for the best possible candidate
for this project and will base its selection on an agency’s experience, creative and artistic skills, abilities,
reputation and ability to maximize revenues.
Initial Evaluation:
Following the RFP closing date, all proposals will be reviewed in order to determine whether the
proposals are responsive to the RFP. Proposals determined to be nonresponsive to the RFP will be
disqualified. Proposers will be notified whether their proposals were determined to be responsive within
thirteen (13) days following the RFP closing date.
Evaluation of Proposals:
All proposals determined to be responsive and responsible will be evaluated using the following criteria:
1. Project approach
2. Experience and qualifications of Firm
3. Client References
4. Price proposal (cost, rates and estimates)
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Responsive and responsible Proposers considered to be within the competitive range by the Selection
Committee, will be notified of a time and place to make oral presentations if the Selection Committee
deems it necessary. Any presentation by the Proposer shall be at the sole expense of the Proposer.
Negotiations will take place and the Proposer will be given the opportunity to revise the initial proposal
and present a best and final offer at the conclusion of negotiations.
Final Selection:
Final selection of a proposer or proposers will be made by committee based on the responses to the
Request for Proposal, supplementary information provided in response to Selection Committee requests,
presentations before the committee, and “best and final offers” upon completion of negotiations.
As a condition of a contract being awarded, Respondents must comply with the following and with each
provision of the contract:
1. Conflict of Interest Clause: No member of the governing bodies of Metro Bus or other unit of
government and no other officer, employee, or agent of Metro Bus or other government unit who
exercises any functions or responsibilities in connection with the carrying out of this transit advertising
project shall have any personal interest, direct or indirect, in the contract.
No employee, officer, agent, immediate family member, or Board member of the grantee shall
participate in the selection, award, or administration of a contract supported by FTA funds if a conflict
of interest, real or apparent, would be involved.
Such a conflict would arise when any of the following has a financial or other interest in the firm
selected for award:
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• The employee, officer, agent, or Board member,
• Any member of his/her immediate family,
• His or her partner, or
• An organization that employs, or is about to employ, any of the above.
The grantee's officers, employees, agents, or Board members will neither solicit nor accept gifts,
gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-
agreements. To the extent permitted by state or local law or regulations, such standards of conduct will
provide for penalties, sanctions, or other disciplinary action for violation of such standards by the
grantee’s officers, employees, or agents, or by contractors or their agents.
The Respondent covenants that he/she presently has no interest, and shall not acquire any interest,
direct, or indirect, in the project to which the contract pertains which would conflict in any manner or
degree with the performance of his/her work hereunder. The Respondent further covenants that in the
performance of the contract no person having any such interest shall be employed.
2. Selected Respondents shall establish procedures and policies to promote a Drug-free Workplace. The
selected Respondent shall notify employees of its policy for maintaining a drug-free workplace, and the
penalties that may be imposed for drug abuse violations occurring in the workplace. The selected
Respondent shall notify Partner Agencies if any of its employees are convicted of a criminal offense in the
workplace no later than ten days after such conviction.
3. Compliance with Federal, State of Minnesota and various city and county regulations, ordinances,
policies, procedures, rules, executive orders and requirements.
The Contractor will maintain “all risk” insurance, on a replacement cost basis, covering loss or damage to
personal property (for which it has title and/or risk of loss) which is to become a final part of the project,
during any time such personal property is in transit and while stored or worked upon away from the
project site. Metro Bus shall be named as additional insured under such insurance.
I. AGREEMENT OF TERMS
1. Agreement of Terms: By submitting a proposal, the Proposer agrees to all the terms and conditions of
this RFP. Proposers must not alter any portion of the RFP document, with the exception of adding the
information requested. The Proposer will not change the wording of its proposal after closing and no
words or comments will be added to the proposal unless requested by Metro Bus for purposes of
clarification.
2. Modification of Terms: Metro Bus reserves the right to modify the terms of this RFP at any time at its
sole discretion prior to opening.
3. Acceptance of Proposals: This Request for Proposal should not be construed as an agreement to
provide goods or services. Metro Bus is not bound to accept the lowest price proposal, or any of those
submitted. Proposals will be assessed in light of the evaluation criteria. Metro Bus will be under no
obligation to receive further information, whether written or oral, from any Proposer after the final
submission date.
2. Performance during Dispute: Unless otherwise directed by Metro Bus, Proposer shall continue
performance under this Contract while matters in dispute are being resolved.
3. Claims for Damages: Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such
other party within a reasonable time after the first observance of such injury or damage, but not
later than the expiration of applicable limitation periods as defined by Federal standards.
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4. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between Metro Bus and the Proposer arising out of or relating to this agreement
or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent
jurisdiction within the State in which the Metro Bus is located.
5. Rights and Remedies: The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by
Metro Bus shall constitute a waiver of any right or duty afforded under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any breach thereunder,
except as may be specifically agreed in writing.
Notwithstanding any provision to the contrary contained herein, Proposer may terminate this Agreement
for any other reason one hundred and twenty (120) days after providing Metro Bus written notice thereof.
The successful Proposer will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner of performance set forth in the contract including the
remaining value of tread on leased tires mounted on buses and in spare stock in accordance with 6.1
Termination for Default.
If it is later determined by Metro Bus that the successful Proposer had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of
the successful Proposer, Metro Bus after setting up a new delivery or performance schedule, may allow
the successful Proposer to continue work, or treat the termination as a termination for convenience.
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ATTACHMENT B
The following potential contractor for a FTA major third party contract, ____________________, certifies to the
best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification;
and
(4) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, local) terminated for cause or default.
(If the potential third party contractor is unable to certify to any of the statements in this certification, the contractor
shall attach an explanation to this certification.)
The following potential contractor for a Federal Transit Administration major third party contract,
_______________, certifies or affirms the truthfulness and accuracy of the contents of the statements submitted
on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et seq. are applicable
thereto.
The undersigned chief legal counsel for the hereby certifies that the
(entity)
has authority under State and local law to comply with the subject
(entity)
assurances and that the certification above has been legally made.
ATTACHMENT C
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts
under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
By: _____________________________
Title: _____________________________
Company: ___________________________
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
the company submitting this proposal; that such proposal was not made in the interest of or on
behalf of any undisclosed person, partnership, company, organization, or corporation; that such
proposal is genuine and not collusive or sham, and that said company has not been a party to any
agreement or collusion among Suppliers or prospective Suppliers in restraint of freedom of
competition by agreement to propose a fixed price, or otherwise, or to refrain proposing and has
not, directly or indirectly, by agreement, communication or conference with anyone attempted to
induce action prejudicial to the interest of the St. Cloud Metropolitan Transit Commission or of
any Supplier or anyone else interested in the proposed contract.
___________________________________________________
(Signature of Company Official)
__________________________________________________
(Notary Public)
ATTACHMENT E
DBE LETTER OF INTENT TO PERFORM AS
A CONTRACTOR OR SUBCONTRACTOR
(Must be submitted with proposal)
_____________________________
Name of Prime or General Proposer Name of Project
The undersigned intends to perform work in connection with the above project as (Check one):
The Disadvantaged Business Enterprise status of the undersigned is confirmed and current in the
Minnesota Unified Certification Program Directory of DBE=s (Check one):
____Yes ____No
The undersigned is prepared to perform the following described work in connection with the above
project. Use additional paper if necessary.
Agreements in which a DBE promises to provide bids, work estimates, team membership, etc. to only one
bidder/proposer on a project are prohibited.
The undersigned agrees not to sublet or award a significantly greater portion of the work of this contract
than would be expected on the basis of normal industry practices. The undersigned will be directly
responsible for the execution of the work elements included in this contract agreement or any
subcontract agreement and will carry out this responsibility by actually performing, managing and
supervising the work involved in the contract or subcontract.
The undersigned will enter into a formal agreement for the above work as a prime bidder or as a
subcontractor to the above named bidder/proposer conditioned upon execution of a contract for this
project with Metro Bus.
By: ________________________________
(Name of Disadvantaged Business Enterprise) (Name)
________________________________
(Address) (Signature)
________________________________
(Date) (Title)