REQUEST FOR PROPOSAL ADVERTISING
Transcription
REQUEST FOR PROPOSAL ADVERTISING
REQUEST FOR PROPOSAL ADVERTISING SERVICES FOR PUBLIC TRANSIT PROVIDER STARMETRO MAY 17, 2010 The City of Tallahassee, Florida requests proposals for advertising services to StarMetro, the City of Tallahassee’s public transit department. SECTION 1.0 GENERAL INFORMATION StarMetro (‘The City’ or ‘transit agency’), the transit department for the City of Tallahassee, operates twenty-five (25) ‘day’ routes, six (6) ‘night’ routes, and one (1) ‘express’ route. The day routes operate Monday through Sunday between 6 a.m. and 7 p.m.; the night routes operate Monday through Friday from 7 p.m. to 10 p.m.; and, the express route operates Monday through Friday from 6 a.m. to 7 p.m. In addition, StarMetro operates ten (10) ‘university’ routes for Florida State University (FSU) and Florida Agricultural and Mechanical University (FAMU). StarMetro provides all of these services with seventy-one (71) buses, which travel approximately 2.1 million miles per year mostly in the city limits. Of these buses, sixteen (16) are reserved for providing service to FSU; these buses are fully wrapped with FSU branding. Similarly, three (3) of StarMetro’s buses are reserved for the FAMU service and as such are fully wrapped with FAMU branding. In 2009, StarMetro provided 4.2 million trips to Tallahassee residents. In compliance with the American’s with Disabilities Act, StarMetro operates a paratransit service called ‘Dial-A-Ride.’ Dial-A-Ride provides curb-to-curb services for elderly and disabled citizens. StarMetro employs seventeen (17) Dial-A-Ride buses, which travel 497,700 miles a year. StarMetro promotes the above routes via the ‘Ride Guide,’ which is StarMetro’s version of a system wide map and schedule. The Ride Guide is eighteen (18) inches by twentyfour (24) inches flat and folds into a four (4) inch by six (6) inch pocket guide. StarMero prints an average of twenty thousand (20,000) copies, three times a year. The total amount of Ride Guides printed per year hovers around eighty thousand (80,000) copies. The Ride Guides are distributed through the main bus terminal, bus brochure holders and major partners, such as FSU, FAMU, TCC and city departments. In the next year, StarMetro hopes to redesign its Ride Guide. With the new redesign, StarMetro intends to open twenty (20) percent of the content for advertising. 1 The Ride Guide features complete list of StarMetro’s fares. StarMetro offers a regular fare of one dollar and twenty-five cents ($1.25), a one-day unlimited fare, a seven-day fare and a thirty-one (31) day pass. These fares are sold on magnetic strip cards and hard cards or ‘smart cards.’ These fares can be purchased on the bus, the main transfer terminal, C.K. Steele Plaza, and the StarMetro Offices on Appleyard Drive. StarMetro intends to allow advertising on this medium. In 2009, StarMetro sold over twenty two thousand and nine hundred (22,900) fare cards. Ten (10) of the above buses feature wireless internet technology or ‘Wi-Fi.’ With this capability, customers may access the internet while riding a StarMetro bus. In cooperation with the Parvus Corporation, StarMetro maintains an internet splash page, which currently features StarMetro’s logo and a disclaimer about surfing the internet via StarMetro’s Wi-Fi portal. StarMetro intends to open spaces on the internet splash page for advertising. For thirty (30) days beginning March 30, 2010, RiderNet tallied two thousand six hundred and sixteen (2,616) unique log-ins to the StarMetro Wi-Fi system. Because two of the buses were down for major repairs, the above numbers only reflect the data received from eight (8) buses, instead of the full ten (10) Wi-Fi fleet. For the next few years until the entire fleet is Wi-Fi accessible, StarMetro hopes to expand the Wi-Fi fleet by ten (10) buses per year. During the first year of the proposed advertising contract, a major reorganization of StarMetro’s route structure is set to take place. The current radial, or hub-and-spoke system, will be completely reorganized to reflect a more grid-like system. In the current radial system, all routes travel downtown to the C.K. Steele Plaza, which is where all bus transfers take place. The new grid-like system would have routes running east to west and north to south with many routes bypassing downtown. In this system, transfers will take place anywhere two routes or more intersect. The new system is projected to have 41-43 transfer points across the city. This grid-like system will focus routes on major thoroughfares, which is where most employment centers are located. This new system will open up new advertising markets, which include major commercial corridors such as Capital Circle NE and SW (aka U.S. 319) and Orange Avenue. Pending a change in the current City sign code, StarMetro hopes to expand the advertising program in the near future to include bus shelter advertising. The purpose of the Request for Proposal (RFP) is to enter into a three (3) year Agreement with the option to two (2) one (1) year extensions with a qualified contractor to manage the sale and placement of advertising space on StarMetro’s resources, which include: - interior/exterior bus advertising; - print media advertising; - web and other media advertising; and, - bus shelter advertising. The goal is to provide professional advertising for the purpose of generating revenue for the City of Tallahassee, while informing the general public of StarMetro’s programs/services and overall benefits to the City. 2 Each of the above advertising media will be considered as separate and proposals will be evaluated as such. . Proposers can bid on one, two or all, but each must be submitted separately. Preference will be given to a contractor that can manage all four mediums. The selected contractor will pay a percentage of its gross income to StarMetro. Proposers will be evaluated on revenue sharing proposals and projections, which may include, but is not limited to, a minimum guaranteed fee to StarMetro. SECTION 2.0 STATEMENTS OF WORK/SPECIFICATIONS 2.1 GENERAL PROVISIONS 2.1.1 Marketing and Sales • The successful contractor will be required to perform complete advertising services and sales functions including, but not limited to: • The contractor must explain how it will establish and maintain a physical office in the city providing a continuous sales effort within the service area conducted by a professional staff of sufficient size to assure adequate service to all advertising clients. • The contractor must submit an explanation of marketing strategies and literature it will use to promote transit advertising. • The contractor must state what printing services will be provided to potential customers 2.1.2 Advertising Content and Control • The contractor must ensure that only displays of high quality artwork, and advertising content will be shown. Contractors must ensure the following: o Advertisements shall be of a reputable character, shall conform to recognized business standards and shall not conflict with any federal, state, or local laws and regulations. o Graphics, artwork, and copy of advertisements are expected to be of high quality and good taste. o Vulgar, disreputable or other advertisements that may be offensive to the public shall not be acceptable. o All advertising shall be displayed in a neat and workmanlike manner. o The successful contractor shall maintain all displayed advertising so as to ensure its neat appearance and promptly remove all advertising, which is torn or otherwise unsightly in appearance. The successful contractor shall also promptly remove and replace all advertising, which is expired. o StarMetro, the transit system, reserves the right to require the successful contractor to promptly remove, at the contractor’s own expense, any advertising which in the opinion of the transit system is unsightly in appearance or for any other reason. 2.1.3 Public, Charitable, or Educational Advertisements The successful contractor shall display public, charitable, or educational 3 advertisements in spaces not in use for commercial advertising. Such advertisements shall be deemed by both the successful contractor and StarMetro to be proper for the purpose of avoiding unfilled spaces and for promotion of public good will. Such non-commercial advertising will be charged at customary reduced rates. Contracts between the successful contractor and the public, charitable, or educational advertising clients must be executed and processed in the same manner as for-profit advertising clients. StarMetro reserves the right to offer interior ad space to certain public, charitable or educational entities free of charge. Such clients are responsible for the production costs for said signs. 2.1.4 Trade for Advertising StarMetro must give prior approval for any trades of advertising space for media time or space (newspaper, billboard, radio or television). It must be guaranteed that any trade time negotiated will not be pre-empted by paid advertising contracted by said media. Certified logs are required to verify the placements made of advertisements. StarMetro may cancel the provisions of this paragraph at any time, except for previously approved contracts. StarMetro reserves the right to use up to five (5) percent of the advertising space available to make its own deals for the trade of advertising space for promotional purposes. The contracting advertiser shall utilize the successful contractor for the production of signs or wrapped buses and the successful contractor will be responsible for posting signs, etc. 2.1.5 Use of StarMetro Resources Where applicable, the successful contractor will make an effort to make use of StarMetro’s in-house resources, which include but are not limited to the Marketing Specialists graphic design skills and StarMetro’s vinyl machine. For instance, the successful contractor may utilize StarMetro’s Marketing Specialist in order to design the advertisement(s); afterwards, said advertisement could be printed on StarMetro’s vinyl machine. The vinyl machine may be used as a cost saving measure for purposes outside of the parameters listed in this Request for Proposal. This includes, but is not limited to: printing signs, banners, advertisements for other media, such as billboards, etc. The successful contractor will supply a business model to StarMetro outlining the incorporation of these resources. 2.1.6 Subcontracting The successful contractor may enter into subcontracts with qualified vendors and suppliers to provide services required or set forth by this Request for Proposal; for instance, the successful contractor may subcontract with a vendor to provide additional advertising sales and services on other advertising mediums not being covered by the successful contractor. The successful contractor will remain responsible to StarMetro for ensuring that the performance of subcontractors complies with requirements and that the subcontractor is acceptable to the City. The 4 successful contractor must pay subcontractor invoices when due, unless otherwise agreed by the City. The subcontract specifications, terms and conditions of any proposed subcontract agreement must be approved by the Marketing Specialist in writing prior to execution of said subcontract. • The successful contractor will be responsible for developing the specifications of it subcontract. The successful contractor must make its best effort to obtain a minimum of three (3) bids for each subcontract with a value of $1,000 or greater, or as otherwise required and approved in writing by the City. The successful contractor shall document its competitive biding process, and shall provide these documents to the City upon request. • Subcontract terms must not extend beyond the Terms of Agreement. Upon termination of Agreement, the successful contractor shall bear the sole responsibility for any subcontract obligations that extend beyond the Agreement’s termination or expiration date. City shall have no liability or obligation to subcontractors at any time under the Agreement. • The successful contractor must provide StarMetro with a copy of all fully executed subcontracts within thirty (30) days of execution. StarMetro has the right to approved or reject any subcontract agreements. 2.1.7 Monthly Remittance and Report The successful contractor is required to remit revenues earned each month within in twenty (20) calendar days after the end of the month in which they are earned. The revenue must be accompanied by a report that includes details of: • All contracts in effect • Billings for the month • Collections for the month • Past due amounts • Total remaining balances on accounts • Contract expiration dates The monthly payments and report is to be mailed to: Heather Teter, Marketing Specialist StarMetro, City of Tallahassee, FL 555 Appleyard Drive Tallahassee, FL 32304 The successful contractor shall furnish StarMetro with copies of all signed contracts and correspondence (including changes in prices, lengths of contracts and cancellation notices) within a month of their execution. The successful contractor shall maintain all required records for two (2) years after final payment by the successful contractor to StarMetro under the terms of the operating contract. However, if any audit, claim, or litigation is started before the expiration of the two (2) year period, the records shall be retained until all litigation, claims, or audit finding involving the records have been resolved. 5 The successful contractor will permit StarMetro to inspect/audit all records and financial data involved in the operations of the concession during the regular business hours maintained by the successful contractor, and at such other times upon one (1) day’s written notice. 2.2 INTERIOR/EXTERIOR BUS ADVERTISING The successful contractor, at its own expense, will be responsible for posting advertising signs, removing outdated signs rejected by StarMetro. StarMetro reserves the right to reject any advertising it finds to be offensive, objectionable or in poor taste. Installation and ongoing maintenance of signs and other necessary activities of the successful contractor must not interfere with StarMetro operations. Access to vehicles will be provided only at times consistent with the operational hours of the operating facilities. Vehicles will not be removed from service for the purpose of installing or removing advertising signs. Please review the fleet profile below. Bus Number 2011 2018 2020 0101 0102 0103 0104 0105 0106 0107 0108 0109 0301 0302 0501 0502 0503 0503 0504 0505 0506 0507 0508 0509 0601 0602 0603 Manufacturer ABI ABI ABI Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Length 29’ 29’ 29’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 29’ 29’ 29’ Year 2000 2000 2000 2001 2001 2001 2001 2001 2001 2001 2001 2001 2003 2003 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2006 2006 2006 Type Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular FAMU Regular Regular Regular FAMU Regular Regular FSU FSU 6 0604 0605 0701 0702 0703 0704 0705 0706 0707 0708 0709 0710 0801 0802 0803 0804 0805 0901 0902 0903 0904 0905 0906 0907 0908 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Champion Champion Champion Champion Champion Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig Gillig 29’ 29’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 28’ 28’ 28’ 28’ 28’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 35’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 2006 2006 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2008 2008 2008 2008 2008 2009 2009 2009 2009 2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 FSU FSU FSU Regular Regular Regular Regular Regular Regular Regular Regular Regular FSU FSU FSU FSU FSU FSU FSU FSU FSU Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular Regular In addition, StarMetro employs 17 Dial-A-Ride buses, which are made by Champion and are twenty-three (23) feet in length. 2.2.2 Methods of Posting Advertisements The successful contractor, will be responsible for any paint damage on buses when directly applied signs are removed and shall compensate StarMetro for the expense incurred to repaint the damaged sections. 2.2.3 Interior Advertising 7 The advertising space available in the interior of StarMetro’s buses consists of slates for standard car cards and ceiling advertisements or ‘Michelangelo’s.’ Car cards typically measure eleven (11) inches in height and twenty-eight (28) inches in length. StarMetro buses have roughly fourteen (14) spaces available for interior advertising per bus. Michelangelo displays typically measure twenty-four (24) inches wide and forty-eight (48) tall. The number of spaces for ceiling advertisements depends on the length of the bus. There is no interior advertising pace in the Dial-A-Ride buses. The selling of interior space is included as part of the Request for Proposal package. The successful contractor is solely responsible for installing, maintaining, and removing all interior advertisements in a timely fashion. 2.2.4 Exterior Advertising The advertising space available on the buses will be required to be a vinyl stick on to avoid damage to the bus’ exteriors. These exterior advertising spaces include: 8 9 Full wraps are also acceptable, as long as the bus is completely wrapped and a StarMetro logo is visible. Partial full-wraps are not acceptable. The contractor will be responsible for the applications of the advertisement and complete restorations of buses to their original paint/graphic scheme and 10 condition at the conclusion of this contract. If damage occurs, the contractor will also be responsible for complete restorations of buses to their original paint/graphic scheme and condition whenever advertising on a particular bus is removed. 2.2.5 StarMetro Advertising On/In Buses StarMetro reserves the right to use, without charge, unsold available advertising space for the promotion of its transit services. StarMetro may use a minimum of one (1) interior bus sign per bus for its own use. StarMetro will be responsible for the production costs of any advertising signs used for StarMetro. 2.3 PRINT MEDIA ADVERTISING 2.3.1 StarMetro’s Ride Guide As mentioned, StarMetro intends to redesign the current configuration of the ‘Ride Guide,’ the successful contractor will provide input and advice into the design of this new Ride Guide to StarMetro’s Marketing Specialist, who will ultimately oversee the redesign of the piece. Furthermore, the successful contractor will work with the Marketing Specialist to develop of comprehensive list of advertisement sizes, specifications and prices available to advertisers in the new redesign. The successful contractor will then sell those spaces, design the advertisements, and see that all design files for these advertisements are turned in to StarMetro’s Marketing Specialist in a timely manner. The successful contractor and Marketing Specialist will work together to identify the project timeline, benchmarks, and due dates. Files turned over to the Marketing Specialist from the successful contractor must be final, advertiser-approved designs and must be compatible with exiting design files. In most cases, design files will need to be compatible with Adobe InDesign and Adobe Illustrator. After printing is complete, the successful contractor and Marketing Specialist will work together to distribute the printed project. In the case that the successful contractor cannot design the advertisements, the successful contractor and StarMetro’s Marketing Specialist may negotiate to have the Marketing Specialist take over these duties. In this case, the successful contractor would only sell the advertising space and the Marketing Specialist would then design the advertisement. StarMetro reserves the right to reject any advertising it finds to be offensive, objectionable or in poor taste. StarMetro reserves the right to use, without charge, unsold available advertising space for the promotion of its transit service and/or programs. StarMero may use a minimum of one (1) advertising space, negotiated by the Marketing Specialist and successful contractor, for its own use. StarMetro will be responsible for designing this advertisement. 11 2.3.2 StarMetro’s Fare Cards StarMetro intends to allow advertising on its fare cards. The successful contractor will work with the Marketing Specialist to develop of comprehensive list of advertisement sizes, specifications and prices available to advertisers. The successful contractor will then sell those spaces, design the advertisements, and see that all design files for these advertisements are turned in to StarMetro’s Marketing Specialist in a timely manner. The successful contractor and Marketing Specialist will work together to identify the project timeline, benchmarks, and due dates. Files turned over to the Marketing Specialist from the successful contractor must be final, advertiserapproved designs and must be compatible with exiting design files. In most cases, design files will need to be compatible with Adobe InDesign and Adobe Illustrator. After printing is complete, the successful contractor and Marketing Specialist will work together to distribute the printed project. In the case that the successful contractor cannot design the advertisements, the successful contractor and StarMetro’s Marketing Specialist may negotiate to have the Marketing Specialist take over these duties. In this case, the successful contractor would only sell the advertising space and the Marketing Specialist would then design the advertisement. StarMetro reserves the right to reject any advertising it finds to be offensive, objectionable or in poor taste. 2.4 WEB AND OTHER MEDIA ADVERTISING 2.4.1 StarMetro’s Wi-Fi Splash Page StarMetro intends to offer advertising space through its webpage. The successful contractor will work with the Marketing Specialist to develop a comprehensive list of advertisement sizes, specifications and prices available to advertisers. The successful contractor will then sell those spaces, design the advertisements, and see that all design files for these advertisements are turned in to StarMetro’s Marketing Specialist in a timely manner. The successful contractor and Marketing Specialist will work together to identify the project timeline, benchmarks, and due dates. Files turned over to the Marketing Specialist from the successful contractor must be final, advertiserapproved designs and must be compatible with exiting design files. After upload, the Marketing Specialist will report monthly numbers to the successful contractor of successful log-ins into the StarMetro Wi-Fi system. 2.5.2 Other Media The use of radio, television, etc. into StarMetro’s service, programs, and/or resources is encouraged and negotiable. 2.5 BUS SHELTER ADVERTISING Pending a change in the current City sign code in Chapter 7 of the Tallahassee Land Development Code, StarMetro expects to expand the advertising program during the first year of the Contract to include bus shelter advertising. Current discussions regarding sign code changes consist of tailoring the design of the 12 shelter to the surrounding environment and identifying where bus shelters with advertising can be located within the City of Tallahassee. As one approaches downtown, the proposed shelters would become more urban in nature with the amount of space dedicated to advertising decreasing with no advertising allowed in the central core. In addition, the successful contractor may be required to construct some shelters and benches without advertising at no charge in exchange for constructing shelter with advertising. This ratio is yet to be determined. The successful contractor will cooperate with StarMetro’s Planning Director and other City Departments on proposed revisions to the sign code. In addition, the successful contractor may be required to assist with presentations to the Tallahassee/Leon County Planning Commission, Urban Design Commission, and the City Commission as part of the process to change the sign code. SECTION 3.0 PROPOSAL RESPONSE REQUIREMENTS 3.1 A prospective Respondent’s response to this RFP should include the following information at a minimum. Please note that the proposal should address the requirements in a clear and concise manner in the order stated herein. Proposals must be tabbed as follows and must include the information/documents specified in the applicable tab. Proposals that do not adhere to the following format or include the requested information/documents may be considered incomplete and therefore unresponsive by the City. 3.2 The City reserves the right to seek additional/supplemental representation on specific issues as needed. 3.3 Respondent’s shall construct their proposal(s) in the following format and a tab must separate each section. Since each advertising program is treated as separate, Proposers must submit appropriate number of binders for each advertising program proposal. BINDER - PROPOSAL TAB 1 - EXECUTIVE SUMMARY (0 POINTS) Present in brief, concise terms, a summary level description of the contents of the proposal and your company and its capabilities. Give the names of the person(s) who will be authorized to make representations for the Respondent, their title(s), address(es), and telephone and fax number(s). The summary must be limited to a maximum of two pages and the signer of the proposal must declare that the proposal is in all respects fair and in good faith without collusion or fraud and that the signer of the proposal has the authority to bind the principal proponent. TAB 2 – ABILITY TO EXECUTE SCOPE (20 POINTS) Each respondent must provide an advertising program(s) based on available advertising space(s), medium(s), and provisions previously mentioned. Submittals must be concise and, where applicable, include narratives, plans, 13 drawings, photographs, technology, and other specifications proposed for advertising. TAB 3 – PRIOR EXPERIENCE (15 POINTS) Each respondent must provide a brief outline, not to exceed eight (8) pages, of the respondent’s organizational structure, history in the advertising business, key managers and employees, marketing and sales organization, and other information that the respondent deems pertinent to an evaluation of its ability to provide exemplary advertising services to StarMetro. The respondent must provide sufficient evidence of continuous experience in advertising sales and services, preferably in the transit industry. In addition to providing evidence of prior experience, the respondent must submit samples of work. To prove prior experience, the respondent must provide the names of previous entities in which the respondent provided advertising sales and services. In addition, the respondent must provide the address, phone number, and point of contact for that entity. The respondent will also need to provide the number of years engaged in advertising with that entity, the gross revenues attributable to the advertising operation, as well as general information about said entity. TAB 4 – EXPERIENCE OF SALES STAFF ASSIGNED TO CONTRACT (10 POINTS) Each respondent must provide resume′(s) of the local manger(s) and representative(s) responsible for sales and advertising services. TAB 5 – REVNUE SHARING (20 POINTS) The respondent must provide an estimate of needed capital investment, where applicable, and an estimate of anticipated annual gross revenues to be derived from the advertising program. TAB 6 – BUSINESS MODEL FOR STARMETRO RESOURCES (10 POINTS) As mentioned in 2.1.5, the respondent must provide a business model outlining a concerned effort to incorporate StarMetro’s in-house resources, which include but is not limited to the design skills of the Marketing Specialist and the vinyl machine, into the operation of the advertising program. In light of providing a business model incorporating StarMetro resources, the respondent will need to reevaluate cost models and revenue share based in the proposed arrangement. 14 TAB 7 – LOCATION (10 points) Provide a description of the firm’s local (Florida) presence, including local offices, personnel, clients, etc. Location Within Leon, Wakulla, Gadsden, or Jefferson County - Firm’s Home Office or Branch Office that will complete at least sixty percent (60%) of the work by total fees. Within Leon, Wakulla, Gadsden or Jefferson County - Branch Office/Joint Venture with Local Firm with a least twenty-five percent (25%) of the work by total fees. Rating Points 10 8 TAB 8 – MBE PLAN & MBE CERTIFICATION (10 POINTS) a. Present a narrative description /Plan of how the MBE goal of 12.5% fee participation will be met or exceeded during the course of this project. This Plan should explain the work scope designated for each MBE firm, the duration of and phases in which the assignments occur and how the assignments coordinate within the overall project plan (2 Pages Maximum for Plan). b. For each MBE firm on your team, include Attachment B (MBE Utilization Form) along with their Certification documents. c. If there are no MBE firms on your team, complete the Determination of Good Faith Effort (Attachment C) and include in TAB 8. The MBE submission requirements are detailed in Section 9.12 of this RFP. TAB 9 CITY OF TALLAHASSEE DOCUMENTS Complete and attach the forms contained in the attachments: • Attachment A – Representations/Certifications • Attachment B – MBE Utilization Form • Attachment C – Statement of Good Faith Efforts • Attachment D – Charitable Contributions Form • Federal IRS Form W-9 3.4 Proposals shall be Submitted as follows. 3.4.1 All proposals must be delivered to the City of Tallahassee at the address below no later than 4:30 P.M. ET on July 9, 2010. Late proposals will be rejected. Failure to comply with this, or any other paragraph of the Request for Proposals shall be sufficient reason for rejection of the proposal. 15 Please mark eight (8) copies of the written proposal envelope(s) as follows: TRANSIT ADVERTISING SERVICES OF INTERIOR/EXTERIOR BUSES TRANSIT ADVERTISING SERVICES FOR PRINT MEDIA TRANSIT ADVERTISING SERVICES FOR WEB AND OTHER MEDIA TRANSIT ADVERTISING SERVICES FOR BUS SHELTER (Name of Project) Written Proposal Do Not open Until 4:30 P.M. ET, July 9, 2010 Request for Proposal No. ____________ Please address the mailing envelope(s) as follows: City of Tallahassee Procurement Services Division City Hall, 300 South Adams Street Tallahassee, FL 32301 3.4.2 The front of each proposal envelope/container shall contain the following information for proper identification: • the title of the advertising program • • • • the name and address of the Respondent the word ‘Proposal’ and the RFP number the time/date specified for receipt of proposals the number of each envelope/container submitted (i.e. ‘1 of 3, ‘2 of 3’, ‘3 of 3’) 3.4.3 ALL PROPOSALS MUST BE RECORDED (CLOCKED-IN) IN THE PURCHASING DIVISION ON OR BEFORE THE TIME AND DATE INDICATED ON THE RFP DOCUMENT. The responsibility for submitting the proposal to the Procurement Services Division on or before the above stated time and date is solely that of the Respondent. The City of Tallahassee will in no way be responsible for delays in mail delivery or delays caused by any other occurrence. LATE PROPOSALS WILL NOT BE ACCEPTED. 3.4.4 All proposals must be in writing. Non-responsive proposals may not be considered. The signer of the proposal must declare that the proposal is in all respects fair and in good faith without collusion or fraud and that the signer of the proposal has the authority to bind the principal Respondent. 3.4.5 The City shall not be liable for any costs incurred by a Respondent prior to entering into a contract. Therefore, all Respondent’s are encouraged to provide a simple, straightforward, and concise description of their ability to meet the project requirements. 16 SECTION 4.0 SCHEDULE The proposed time schedule as related to this procurement is as follows: Release of RFP .............................................................. May 17, 2010 Mandatory Pre-Bid Meeting ............................................ June 15, 2010 Deadline for submission of proposal............................... July 9, 2010 Presentations from Shortlisted Firms.............................. July 26-30, 2010 Anticipated Contract Award ............................................ August 25, 2010 SECTION 5.0 EVALUATION OF PROPOSALS Evaluation of proposals will be performed consistent with the City's Procedures Manual using the following criteria and weighted values: Criteria Rating Points ABILITY TO EXECUTE SCOPE 20 PRIOR EXPERIENCE 15 EXPERIENCE CONTRACT OF SALES STAFF ASSIGNED TO 10 REVNUE SHARING 20 BUSINESS MODEL FOR STARMETRO RESOURCES 10 Location 10 Minority Business Enterprise Participation 10 Charitable Contributions Subtotal NUMBER OF PROPOSALS SUBMITTED (BONUS)* Maximum Points Allowed 5 100 UP TO 10* 110 *Up to ten points will be added as bonus points to final scores for respondents who submit multiple proposals. As part of the evaluation process, shortlisted firms will be required to make oral presentations during the week of July 26, 2010. During the oral presentations, respondents will be evaluated on creativity. A total of twenty-five (25) points will be weighted for this criterion. Prior to the oral presentation, the shortlist of firms will be notified and sent questions in order to prepare. 17 SECTION 6.0 CONTRACT AWARD 6.1 The City reserves the right to incorporate the successful firm's proposal into a contract. Failure of a firm to accept this obligation may result in the cancellation of any award. 6.2 The selected firm will be required to assume responsibility for all services offered in the proposal. The City will consider the selected firm to be the sole point of contact with regard to contractual matters, including payment of any or all charges. 6.3 A copy of the recommended ranking and award will be available for review in the Purchasing Division upon completion of the evaluation by the committee. Vendors may obtain a copy of the final ranking from the City’s web site at http://talgov.com/citytlh/service.html. Select Business Services, Bid Information. 6.4 As mentioned, each proposal for the four advertising mediums will be submitted and evaluated separately. It is encouraged that vendors submit multiple proposals for two or more of the advertising mediums. In light of vendors submitting multiple proposals, StarMetro reserves the right to ‘pick and choose’ which vendors fulfill which specific advertising mediums sales and services. In essence, StarMetro may choose vendor A to fulfill advertising sales and services for interior/exterior bus advertising and vendor B to fulfill advertising sales and services for print media, even though vendor A submitted proposals for both advertising mediums. SECTION 7.0 RIGHT OF REJECTION: The City of Tallahassee reserves the right to waive any informality in any proposal, to reject any or all proposals in whole or in part, with or without cause, and/or to accept the proposal that in its judgment will be in the best interest of the City of Tallahassee and its citizens. SECTION 8.0 REQUESTS FOR CLARIFICATIONS. INTERPRETATIONS & ASSISTANCE All questions concerning this Request for Proposals must be directed through: Billie Mack, Purchasing Agent TELEPHONE: (850) 891-8665 OR (850) 891-8397 (Central Desk) E-MAIL: [email protected] FACSIMILE: (850) 891-0912 PROCUREMENT SERVICES DIVISION, CITY HALL 300 SOUTH ADAMS STREET, TALLAHASSEE, FL 32301-1731 All telephone conversations are to be considered unofficial responses and will not be binding. Questions, verifying the Request For Proposals' content, if appropriate, will be responded to in writing. The written response will be the City's official response and will be mailed to all Respondents that requested the Request For Proposals. 18 SECTION 9.0 GENERAL TERMS AND CONDITIONS 9.1 EQUAL OPPORTUNITY AGREEMENT 9.1.1 In connection with work performed under a City of Tallahassee contract, the Respondent agrees, upon receipt of a written award or acceptance of a contract, to support and abide by the City’s Equal Opportunity Pledge. 9.1.2 By submitting a proposal in response to this solicitation, the Respondent agrees to – • Not discriminate against any employee or job applicant because of their race, creed, color, sex, marital status or national origin; • Post a copy of this pledge in a conspicuous place, available to all employees and job applicants. • Place or cause to be placed a statement in all solicitations or advertisement for job applicants, including subcontracts, that the Respondent is an ‘Equal Opportunity Employer.’ 9.2 PUBLIC ENTITY CRIMES As required by Florida State Statute 287.133, (2 (a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the City within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. 9.3 INDEMNIFICATION The consultant shall indemnify and save harmless the City, its officials and employees, from all losses, damages, costs, expenses, liability, claims, actions, and judgments of any kind whatsoever brought or asserted against, or incurred by, the City, including without limitation attorney’s fees and costs of litigation, to the extent that the same arise out of or are caused by any act or omission of the consultant, its subconsultants or subcontractors, or by the employees, officers, directors, or agents of the consultant, or its subcontractors. 9.4 ISSUANCE OF ADDENDA 9.4.1 If this solicitation is amended, the City will issue an appropriate addendum to the solicitation. If an addendum is issued, all terms and 19 conditions that are not specifically modified shall remain unchanged. 9.4.2 Proponents shall acknowledge receipt of each addendum to this solicitation using one of the following methods: • By signing and returning the addendum; • By signed letter; • By signed facsimile (subject to the conditions specified in the provision entitled ‘FACSIMILE DOCUMENTS’.) 9.4.3 The City must receive the acknowledgment by the time and date, and at the location specified for receipt of proposals. 9.5 PAYMENT: 9.5.1. Prompt Pay Policy It is the policy of the City of Tallahassee to fully implement the provisions of the State of Florida Prompt Payment Act. For more information, please refer to Florida State .Statute 218.7. 9.5.2. Withholding Payment In the event a contract is canceled under any provision herein, the City of Tallahassee may withhold from the Contractor any monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation. 9.6 INSURANCE REQUIREMENTS: Prior to commencing work, the Contractor shall procure and maintain at Contractors's own cost and expense for the duration of the agreement the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Contractor, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor's proposal. 9.6.1 Contractor shall maintain limits no less than: Commercial General/Umbrella Liability Insurance - $500,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its proposal whether the coverage is provided on a claimsmade or preferably on an occurrence basis. The insurance shall include coverage for the following: • • • • Premise/Operations Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project) Products/Completed Operations Contractual 20 • • • Independent Contractors Broad Form Property Damage Personal Injury Business Automobile/Umbrella Liability Insurance - $500,000 limit per accident for property damage and personal injury. • Owned/Leased Autos • Non-owned Autos • Hired Autos Workers’ Compensation and Employers’/Umbrella Liability Insurance -Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $500,000 per accident. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Contractor or Vendor is otherwise required by law to provide such coverage. 9.6.2 Other Insurance Provisions 9.6.2.1 Commercial General Liability and Automobile Liability Coverage’s • The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor or premises on which Contractor is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City of Tallahassee, members of the City Commission, boards, commissions and committees, officers, agents, employees and volunteers. • The Contractor's insurance coverage shall be primary insurance as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. • Coverage shall state that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6.2.2 Workers' Compensation and Employers’ Liability and Property Coverage’s The insurer shall agree to waive all rights of subrogation against the City 21 of Tallahassee, member of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Contractor in the performance of services under this Agreement. 9.6.2.3 All Coverage’s • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City. • If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. • Alternatively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. • City named as ‘additional insured’ as its interest may appear. 9.6.2.4 Deductibles and Self-Insured Retention’s Any deductibles or self-insured retention’s must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses. 9.6.2.5 Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M. Best's rating service. 9.6.2.6 Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. 9.6.2.7 Subcontractors Contractor shall include each of its subcontractors as insureds under the policies of insurance required herein. 22 9.7 ACCESS TO MEETINGS Persons with disabilities requiring reasonable accommodations to attend meetings, please call Billie Mack, PROCUREMENT SERVICES DIVISION, PHONE: (850) 891-8665, or through FRS TDD at 771 at least forty-eight (48) hours in advance (excluding weekends and holidays). Public notice of all Selection Committee meetings will be posted in the Procurement Services Division, City Hall, 300 S. Adams Street, Tallahassee, Florida as far in advance of the meeting as possible. 9.8 CONFIDENTIALITY 9.8.1 By submitting a proposal in response to this solicitation, a Respondent acknowledges that City is a governmental entity subject to the Florida Public Records Law (Chapter 119, Florida Statutes). The Respondent further acknowledges that any materials or documents provided to City may be ‘public records’ and, as such, may be subject to disclosure to, and copying by, the public unless otherwise specifically exempt by statute. Should a Respondent provide City with any materials which it believes, in good faith, contain information which would be exempt from disclosure or copying under Florida law, the Respondent shall indicate that belief by typing or printing, in bold letters, the phrase ‘Proprietary Information’ on the face of each affected page of such material. The Respondent shall submit to City both a complete copy of such material and a redacted copy in which the exempt information on each affected page, and only such exempt information, has been rendered unreadable. In the event a Respondent fails to submit both copies of such material, the copy submitted will be deemed a public record subject to disclosure and copying regardless of any annotations to the contrary on the face of such document or any page(s) thereof. 9.8.2 Should any person request to examine or copy any material so designated, and provided the affected Respondent has otherwise fully complied with this provision, City, in reliance on the representations of the Respondent, will produce for that person only the redacted version of the affected material. If the person requests to examine or copy the complete version of the affected material, City shall notify the Respondent of that request, and the Respondent shall reply to such notification, in a writing that must be received by City no later than 4:00 p.m., ET, of the second City business day following Respondent’s receipt of such notification, either permitting or refusing to permit such disclosure or copying. Failure to provide a timely written reply shall be deemed consent to disclosure and copying of the complete copy of such material. If the Respondent refuses to permit disclosure or copying, the Respondent agrees to, and shall, hold harmless and indemnify City 23 for all expenses, costs, damages, and penalties of any kind whatsoever which may be incurred by City, or assessed or awarded against City, in regard to City's refusal to permit disclosure or copying of such material. If litigation is filed in relation to such request and the Respondent is not initially named as a party, the Respondent shall promptly seek to intervene as a defendant in such litigation to defend its claim regarding the confidentiality of such material. This provision shall take precedence over any provisions or conditions of any proposal submitted by a Respondent in response to the RFP and shall constitute City's sole obligation with regard to maintaining confidentiality of any document, material, or information submitted to the City. 9.9 GRIEVANCE PROCEDURE 9.9.1 Right to Protest. Any prospective bidder, or Respondent may protest the provisions of a Request for Bids (IFB) or Request for Proposals (RFP). i Protest of Specifications or Proceedings Prior to Bid Opening Any actual or prospective bidder, or contractor, who is aggrieved in connection with the solicitation of a contract or bid, may protest on the grounds or irregularities in specifications or bid procedure. ii Protest of Recommended Award Any actual bidder or Respondent, who is aggrieved in connection with the evaluation of bids, the evaluation of proposals, or the staff recommendation regarding award of a contract, provided that such bidder or Respondent would have been awarded the contract but for the aggrieved action, may protest such evaluation or award recommendation. 9.9.2 Filing a Protest. A written protest shall be considered filed, for purposes of this procedure when all related items are actually delivered to and received by the Procurement Services Division. All protest shall be directed to the attention of the Manager for Procurement Services. i For protest related to the specifications or proceeding of an IFB or RFP, a formal written protest must be filed no later than 72 hours (excluding weekends and holidays) prior to the scheduled bid opening date. Failure to timely file the written protest including the required protest bond/cashier’s check, shall constitute a waiver of such protest. ii For protest related to the evaluation of bids, evaluation of proposals, or staff recommendation regarding award of a contract, a written notice of intent to protest must be filed with Procurement Services within 72 hours (excludes weekends 24 and holidays) after posting of the intended recommendation regarding award, and a written protest, must be filed with the Procurement Services Division no later than 5:00 p.m., ET, on the seventh (7th) calendar day following the date on which the written notice of intent to protest was filed. A weekend commences at 12:00 a.m., ET, on Saturday and ends at the same time on the following Monday. A holiday begins at 12:00 a.m., ET, on the observed holiday and ends at the same time on the following day. Such written protest shall state, with particularity the facts and grounds upon which the protest is based, and shall include references to applicable laws, statutes, ordinances, policies, or other authority on which the protest is based. Failure to timely file either the notice of intent or the written protest including the protest bond/cashier’s check, shall constitute a waiver of such protest. 9.9.3 Protest Bond. Any person who files a formal written protest, shall post with the Procurement Services Division, at the time of filing the formal written protest, a cashier’s check or bond payable to the City of Tallahassee in an amount equal to one (1) percent of the City’s estimate of the total volume of the contract or $5,000, whichever is less. If the decision of the Protest Committee upholds the action taken by the City, then the City shall retain the amount in payment of a portion of the cost and expense, including but not limited to, time spent by City staff in responding to the protest and in conducting the evaluation of the protest. If the decision of the Protest Committee does not uphold the action taken by the City, then the City shall return that amount, without deduction, to the person or entity filing the protest 9.9.4 Stay of Procurement During Bid Protest In the event protest is filed in accordance with the bid protest procedures herein, Procurement Services shall not proceed further with the solicitation or award of the contract until the Protest Committee has rendered a written decision regarding the protest or until the City Manager or designee makes a written determination that continuation of the process and award of a contract without delay is necessary to protect the substantial interest of the City. 9.9.5 Additional Information For additional information concerning protest procedures, vendors may request a copy of the City’s Purchasing Policy & Procedures manual Section 2.0. 25 9.10 CHARITABLE CONTRIBUTION PREFERENCE In accordance with Section 2-92, City of Tallahassee Code, Ordinance #060-47AA, Respondents may qualify for a preference under this solicitation based on contributions made to health and human services agencies, which are qualified as such by the United Partners for Human Services, or the local United Way. To qualify, the contribution(s) must have been made within the twelve-month period preceding the date proposals are due to be submitted and must be certified, on the form provided by the City, by the receiving agency. Vendors shall provide copies of all applicable contribution letters with each proposal. No preference shall be given to a Respondent that does not receive a minimum number of points for compliance with the applicable MBE policy provisions. Refer to the cited ordinance for further details. Bid Levels $10,000 $25,000 $25,001 $50,000 $50,001 $100,000 $100,001 $250,000 $250,001 $500,000 Over $500,000 Donation Value $1,000 Bid Preference 5% RFP Bonus Points 5 $800 $600 $400 $200 $2,500 4% 3% 2% 1% 5% 4 3 2 1 5 $2,000 $1,500 $1,000 $500 $5,000 4% 3% 2% 1% 5% 4 3 2 1 5 $4,000 $3,000 $2,000 $1,000 $10,000 4% 3% 2% 1% 5% 4 3 2 1 5 $8,000 $6,000 $4,000 $2,000 $25,000 4% 3% 2% 1% 3% 4 3 2 1 5 $20,000 $15,000 $50,000 2% 1% 2% 2 1 5 26 9.11 PRE-PROPOSAL CONFERENCE 9.11.1. A Mandatory Pre-Proposal Conference will be held: TUESDAY, JUNE 15, 2010 2:30 TO 4:00 P.M., LOCAL TIME STARMETRO ADMINISTRATIVE OFFICES 555 APPLEYARD DRIVE, TALLAHASSEE, FLORIDA 9.11.2 This is a mandatory meeting. Therefore, prospective respondents MUST attend this conference in order to qualify as a respondent. 9.11.3 The purpose of the pre-proposal conference is to provide Respondents with detailed information concerning this solicitation and to address questions and concerns. Representatives from the Minority Business Office, Procurement Services Division, and the StarMetro Division will be present to address questions concerning minority business participation, proposal submittal requirements, and technical scope of work, respectively. 9.11.4 9.12 Respondents are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation, or to resolve ambiguous or inconsistent terms or conditions of this solicitation or proposed contract, constitute grounds for a claim of any kind after contract award. MINORITY BUSINESS PARTICIPATION MBE participation shall be a selection criterion in the RFP evaluation /scoring process. 9.12.1 It is the goal of this Project to have a minimum 12.5% MBE participation. The Vendor shall include an MBE Participation Plan within the RFP response. Key elements of the plan will include: 9.12.1.1 An explanation / narrative of how the goal of 12.5% MBE participation shall be met for this contract. 9.12.1.2 List of the locally certified MBE firms that will be utilized on this contract including the services they are to provide. 9.12.1.3 The methodology for monitoring the MBE participation on a continuing basis. 9.12.1.4 If no suitable MBE participation can be found, the vendor must demonstrate a Good Faith Effort was made to identify a suitable MBE and Attachment C will need to be included in the RFP Response. 9.12.2 Good Faith 27 Failure to submit the MBE Plan and/or Good Faith documentation shall result in the proposal being deemed as non-responsive to the MBE portion of the proposal specifications. If MBE participation is not available or will not be used for this contract, it must be documented and justified on the Good Faith Effort form. 9.12.3 As part of the RFP Evaluation process, a total of 10 points may be awarded for MBE participation: 5 points for the MBE plan and 5 points for utilizing a certified MBE firm(s). The City’s MBE Office will evaluate the MBE plans. Failure to submit a plan will result in the SOQ not receiving the 5 points toward the evaluation score. Attachment B must be submitted for each MBE firm proposed, as supporting documentation to the MBE Certification. NOTE: When submitting the MBE Utilization Form, ensure all proposed MBE vendors are certified through the City of Tallahassee or Leon County and are located in the ‘Local Market Area’ of Leon, Wakulla, Gadsden or Jefferson counties. No other certification is acceptable. An MBE vendor will not be considered in the MBE goal of 12.5% if that vendor is not certified by the City of Tallahassee or by Leon County at the time of receipt of the Qualification Statement. 9.13 9.12.4 An MBE directory is available from the City of Tallahassee website at http://www.talgov.com/economic/pdfs/directory.pdf or Leon County's website at http://www.leoncountyfl.gov/mbe. Information found at these websites may not be up-to-date. 9.12.5 Should you have any MBE related questions, including Good Faith Efforts criteria, please contact LaTanya Raffington of the City of Tallahassee’s Minority Business Enterprise Office at (850) 8916500. BID SECURITY (a) Failure to furnish bid security in the proper form and amount, by the time set for receipt of bids, may be cause for rejection of the bid. (b) The bidder shall furnish bid security in the form of a bid bond provided by the City. The City of Tallahassee’s Contract Bond form is the only acceptable contract bond. The City Treasurer Clerk’s Office will return bid security -(1) To unsuccessful bidders after award or as soon as practicable after the opening of bids; and (2) To the successful bidder upon full and proper execution of contract documents by both parties and receipt by the City of all required bonds and all required insurance related documents, as required by the bid as accepted. (c) The amount of the bid security shall be 5% percent of the bid price. (d) If the successful bidder, upon acceptance of its bid by the City within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within ten (10) days after receipt of the forms by the bidder, the City may terminate the contract for default. 28 (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (f) Such bid security shall be in a form and issued by a surety, financial institution, or other entity acceptable to the City which meets the minimum requirements of Section 9.15. (g) The City of Tallahassee’s Bid Bond form, attached herein, is the only acceptable bid bond form. The American Institute of Architects’ version of the Bid Bond form will NOT be accepted by the City of Tallahassee for this purpose. 9.14 PERFORMANCE SECURITY (a) ‘Contract price’, as used in this clause means the total amount of the contract for the term of the contract (excluding extensions, if any) or, for requirements contracts, the price payable for the estimated quantity; or for indefinitedelivery type contracts, the price payable for the specified minimum quantity. (b) The successful respondent shall furnish security in the form of a bond provided by the City as security for the performance of the Contractor under this City contract in an amount equal to 100 percent of the contract price. (c)The City of Tallahassee’s Contract Bond form, attached herein, is the only acceptable contract bond. The American Institute of Architects’ version of the Contract Bond form will NOT be accepted by the City of Tallahassee for this purpose. (d) Such performance security shall be in a form and issued by a surety, financial institution, or other entity acceptable to the City. (e) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the City Treasurer Clerk’s Office, within ten days following receipt of notice of award. (f) The City may require the posting of additional performance security as a result of any increase in the contract price. The Contractor shall obtain and delivery such additional security to the City within ten (10) days after receipt of the City’s written request therefore. 9.15 ACCEPTABLE SURETY COMPANIES 9.15.1 For Bids under $500,000 Surety Companies shall comply with Section 287.0935 Florida Statutes. 9.15.2 Surety Companies shall fulfill each of the following provisions: A. The Surety Company is licensed to do business in the State of Florida. B. The Surety Company holds a certificate of authority authorizing it to write surety bonds in this state. C. The Surety Company has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. D. The Surety Company is otherwise in compliance with the provisions of the Florida Insurance Code. 29 E. The Surety Company holds a current valid certificate of authority issued by the United States Department of the Treasury under ss 31 U.S.C 9304-9308. 9.15.3 A. The City prefers that Surety Companies providing Bid/Performance Bonds for bids under $500,000 have a rating of B + 10 or better as established by A.M. Best or other recognized rating service. B. For bids which exceed $500,000, the Surety Company shall have a rating of B + 10 or better as established by A.M. Best or other recognized rating service. C. All Contract and Bonds Requirements by State Law should be signed by a Florida Resident Insurance Agent. 30 ATTACHMENT A REPRESENTATIONS/CERTIFICATIONS TAXPAYER IDENTIFICATION Bidder must complete Federal Form W-9 and submit it with their bid. The form may be downloaded from the Internal Revenue web site at www.irs.gov. OFFICIAL COMPANY INFORMATION AS REGISTERED (Type/Print) COMPANY NAME: ________________________________________________ MAIL ADDRESS: ________________________________________________ ________________________________________________ (City) (State) (Zip Code+4) TELEPHONE NO: (Toll-Free Preferred) VOICE: (____) ____________, EXTENSION: ____________ EMAIL ADDRESS: ________________________________________________ WEBSITE URL: ________________________________________________ OTHER: (____) ___________; FAX: (____) _____________ COMPANY CONTACT FOR CONTRACT MANAGEMENT (Type/Print) PERSON NAME: ________________________________________________ TELEPHONE NO: (Toll-Free Preferred) VOICE: (____) ____________, EXTENSION: ____________ EMAIL ADDRESS: ________________________________________________ OTHER: (____) ___________; FAX: (____) _____________ PAYMENT REMITTANCE ADDRESS (Type/Print) (if same as 2.8, enter ‘SAME 2.8’) NAME: ________________________________________________ MAIL ADDRESS: ________________________________________________ ________________________________________________ (City) (State) (Zip Code+4) TELEPHONE NO: (Toll-Free Preferred) VOICE: (____) ____________, EXTENSION: ____________ EMAIL ADDRESS: ________________________________________________ OTHER: (____) ___________; FAX: (____) _____________ CONTACT FOR INVOICE INQUIRIES NAME: ________________________________________________ TELEPHONE NO: (Toll-Free Preferred) VOICE: (____) ____________, EXTENSION: ____________ EMAIL ADDRESS: ________________________________________________ OTHER: (____) ___________; FAX: (____) _____________ WHERE TO SEND PURCHASE ORDER (IF APPLICABLE) COMPANY NAME: ________________________________________________ MAIL ADDRESS: ________________________________________________ ________________________________________________ (City) (State) (Zip Code+4) RFP No. ATTACHMENT B MBE UTILIZATION FORM _______________________________________________ Respondent:_______________ _________________________________________ _____ Address:__________________________________________________________ Phone:______-_______- _________ RFP Number _____________________________ RFP Name: ____________________________________________________________ MBE SUB CONTRACTORS INTENDED TO BE UTILIZED ON THE PROJECT Name of MBE SubContractor/Supplier:_______________________________________________________ Address:_______________________________________________________________ Phone: _____-_____- _____ Is the sub-contractor a certified MBE? ____ Yes _____ No If yes, please provide a copy of your certification letter or certificate. Dollar amount of contract with sub-contractor/supplier: ________________________% Percentage amount of contract with sub-contractor/supplier: ____________________% Description of scope of work performed under agreement with the sub-contractor for amount indicated above: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ PLEASE SUBMIT A SEPARATE FORM FOR EACH SUB-CONTRACTOR/SUPPLIER. RFP No. ATTACHMENT C STATEMENT OF GOOD FAITH EFFORTS MBE Professional Service Projects RESPONDENT: DATE: This form is to be completed if Respondent fails to achieve the MBE goals established for this project. The Respondent is allowed to use an alternate method that demonstrates the good faith efforts made to meet the goals established as long as all of the requested information is included. Failure to include all requested information may result in the proposal being determined as non-responsive to the MBE goals. The following list is not intended to be exclusive or exhaustive and the City will look not only at the different kinds of efforts the Respondent has made, but also the quality, quantity, intensity and timeliness of those efforts; it is the responsibility of the Respondent to exercise good faith efforts. Any act or omission by the City shall not relieve the Respondent of this responsibility. Criteria listed below are consistent with the intent of Section 16.5.9 of the City’s Administrative Policies & Procedures Manual, as amended. A response is required to address each cited paragraph. Additional pages may be added as necessary. 1. Attendance at Pre-Proposal conference, if held: Yes 2. No Not Held ((1100 PPO OIIN NTTSS)) Whether and when the Respondent provided written notice to certified MBE’s listed in the City of Tallahassee MBE and/or Leon County Government Program directories that perform the type of work to be subcontracted and advising the MBE’s of the specific work the Respondent intends to subcontract; that their interest in the contract is being solicited; and how to obtain information for the ((2200 PPO review and inspection of contract plans and specifications. OIIN NTTSS)) All letters from Respondent’s to prospective MBE subcontractors should be post marked a minimum of 12 calendar days or faxed recorded 7 days prior to proposal opening. A. Provide complete list of all MBE’s solicited. • • • • • B. Provide DATE letters were mailed (MBE’s will be canvassed as to who sent them letters and what date they were received.) Provide a copy of solicitation and all other letters sent to MBE’s. Recommended information in your solicitation letter can include, but not limited to, the following: Project specific information. Your willingness to assist with supply purchases. Bonding requirements of your firm. Any assistance your firm will be giving regarding bonding requirements, lines of credit and insurance requirements. Availability of specifications and plans through your office. Statement of Good Faith Effort, Page 1 of 4 RFP No. • • • 3. Best time to reach you by phone (MBE firms will be canvassed regarding your responsiveness to their calls and project information they received from your firm.) Proposal opening date and all addendum information. Your requirements/time frames/payment schedules. Whether the Respondent selected feasible portions of work to be performed by MBE’s, including, where appropriate, breaking contracts or combining elements of work into feasible units. The ability of the Respondent to perform the work with its own work force will not in itself excuse a contractor from making positive efforts ((1100 PPO to meet the established goals. OIIN NTTSS)) If appropriate, detail any subcontracting category that you have broken down to assist MBE firms and list firms that have been made aware of this reduced scope. Subcontracting Category ______________________________ 4. MBE Firm _____________________________ Whether the Respondent considered all quotations received from MBE’s and for those quotations not accepted, the Respondent should provide an explanation of why the MBE will not be used during the course of the contract. Receipt of lower quotation from non-MBE will not in itself excuse ((1155 PPOOIINNTTSS)) a Respondent’s failure to meet project goals. List all MBE firms who quoted this project; the amount quoted, and the successful subcontractor (if not the MBE firm) and their quote: Name of MBE MBE’s Quote Name of non-MBE Subcontractor Chosen Statement of Good Faith Effort, Page 2 of 4 RFP No. Subcontractor’s Quote 5. Whether the Respondent provided interested MBE’s assistance in reviewing the contract plans ((55 PPOOIINNTTSS)) and specifications. Name the MBE firms provided assistance and describe how your firm provided such assistance. 6. Whether the Respondent assisted interested MBE firms in obtaining required bonding, lines of ((55 PPOOIINNTTSS)) credit or insurance if such assistance was necessary. If the project was above $200,000 or exempt from the City of Tallahassee’s Bond Waiver Program, name the MBE’s assisted and describe the assistance provided. 7. Indicate whether the Respondent has utilized MBE subcontractors on City, or other local, 1100 PPOOIINNTTSS)) contracts within the past six months. Project Name 8. MBE Firms Used Dollar Value Whether the Respondent advertised in general circulation, trade association, and/or ((1100 PPOOIINNTTSS)) minority/women - focus media concerning the subcontracting opportunities. List which papers carried your ad and attach a copy of the ad. 9. Written documentation that the Respondent contacted the City of Tallahassee's MBE Office, other local M/WBE Offices or, if applicable, Federal MBE/DBE Offices, for guidance and assistance if having difficulty obtaining minority participation and unable to identify portions of work that can be ((1100 PPOOIINNTTSS)) feasibly broken down. Statement of Good Faith Effort, Page 3 of 4 RFP No. List minority/women organizations contacted. (A minimum of two organizations must be contacted.) Organization 10. Person Contacted Date Contacted Describe any additional efforts or circumstances, which may assist the City in determining your ((55 PPOOIINNTTSS)) Good Faith Efforts. A minimum score equal to 80% of the eligible points is required to achieve an acceptable good faith effort determination. Statement of Good Faith Effort, Page 4 of 4 RFP No. ATTACHMENT D CITY OF TALLAHASSEE CHARITABLE CONTRIBUTION VERIFICATION This form is offered as verification that the Vendor named below made the contribution detailed below to the non-profit Organization named below. In accordance with City Ordinance No. 06047AA, this form, once fully executed by both parties, and certified by United Partners for Human Services shall be submitted by the Vendor with their bid/proposal in order to receive consideration for charitable contribution under the ordinance. By our signatures below, we certify that ___________________________________________ Name of Vendor Made a contribution to: _________________________________________________________. Name of Organization The donation was: _________________________________________________________ Describe the Type of Donation * and was valued at $___________________ and was given on______________________ Specific Date (D/M/Y) (*) For donations of products and/or services, the Vendor is required to receive two independent quotes that value the donation. By signing below, both the Vendor and the Organization certify that: 1. The donation transaction is complete and was completed not more than 12 months prior to the date/time for receipt of bids/proposals. 2. For donations of products and/or services, the value of the donation was documented by two independent quotes provided by the Vendor and that the Organization reviewed those quotes and certifies that the value above is accurate. ______________________________________ Name of Vendor’s Representative (print) _________________________________ Signature/Date _______________________________________ Name of Organization’s Representative (print) (Not Applicable for United Way Contributions) _________________________________ Signature/Date In order for this contribution to receive consideration by the City of Tallahassee, it must be signed by a representative of United Partners for Human Services (UPHS) OR an United Way Representative. __________________________________________ Name of Representative/Title (print) ____________________________ Signature/Date FOR COT OFFICIAL USE ONLY Check One: ____ One-Time Purchase ____ Term Contract ____ Extension of Contract ____ Agent’s Initials ____ Preference given: ____ points/percent out of a total of ____ points/percent; MBE Goal Meet: ____ Yes ____ No ____ N/A Vendor awarded contract/extension: Yes or No (Circle One); Approval Level: _____________________ Date:__________ RFP No. BID SECURITY STATE OF FLORIDA COUNTY OF ________________________ KNOW ALL MEN BY THESE PRESENTS, THAT WE ____________________ __________________________________________________________________________ (hereinafter called ‘Principal’), and ______________________________________ __________________________________________________________________________ as Surety (hereinafter called ‘Surety’) are held and firmly bound unto the City of Tallahassee (hereinafter called ‘Owner’) in the sum of _____________________________________________________________ Dollars and _______________ cents ($_______________) lawful money of the United States of America, for payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: WHEREAS, the ‘Principal’ contemplates submitting or has submitted a bid to the City of Tallahassee for @ ! WHEREAS, it was a condition precedent to the submission of said bid that a certified check or bid bond in the amount of not less than five (5) percent of the base bid be submitted with the base bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written contract with the City of Tallahassee and furnish a contract surety bond in the amount equal to one hundred percent (100%) of the contract sum for the performance of said Contract within ten (10) consecutive calendar days after written notice having been given of the award of the Contract. NOW THEREFORE, the conditions of this obligation are such that if the bid of the ‘Principal’ herein be accepted and said ‘Principal’ within ten (10) consecutive calendar days after written notice being given of such acceptance, enter into a written contract with the City of Tallahassee and furnish a contract surety bond in the amount equal to one-hundred percent (100%) of the contract sum, satisfactory to the City of Tallahassee, then this obligation shall be void; otherwise, the sum herein stated shall be due and payable to the City of Tallahassee and the ‘Surety’ herein agrees to pay said sum in good and lawful money of the United States of America, as liquidated damages for failure thereto of said ‘Principal’. Bid Security, Page 1 of 2 RFP No. IN WITNESS WHEREOF, the said ______________________________________ __________________________________________________________________as ‘Principal’ herein has caused these presents to be signed and sealed and the said______________________________________________ as ‘Surety’ herein has caused these presents to be signed in its name by its__________________________________ under its corporate seal, this ______ day of ______________________, A.D., 20_______. ATTEST: PRINCIPAL: __________________________ ________________________________ __________________________ BY:___________________________(SEAL) TITLE:____________________ TITLE:___________________________ ATTEST: SURETY: __________________________ ________________________________ __________________________ BY:___________________________(SEAL) Its Attorney-in-Fact (Surety) TITLE:____________________ TITLE:___________________________ Florida Resident Insurance Agent; License No. ____________________ NOTE: Power of Attorney showing authority of Attorney-In-Fact shall be attached. Bid Security, Page 2 of 2 RFP No. CONTRACT BOND Contractor: Name: ________________________________________________________________ Principal Business Address: _______________________________________________________________ ________________________________________________________________ Telephone Number: _______________________________________________________________ Surety: _____________________________________________________________ Owner: _____________________________________________________________ Contracting Entity: ____________________________________________________ Contract Number: ___________________________________________________ Description of Project: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ BY THIS BOND, We, the above-named Contractor and the above-named Surety, a corporation duly authorized under the laws of the State of Florida to act as surety on bonds, are held and firmly bound to the CITY OF TALLAHASSEE, a Florida municipal corporation, hereinafter called the City, in the following sum: ____________________________________________________________ DOLLARS ($_________________________________), for payment of which we bind ourselves, our personal representatives, successors, and assigns, jointly and severally. RFP No. THE CONDITION OF THIS BOND is that if Contractor: 1. Shall strictly and in all respects faithfully and fully perform the terms and conditions of that certain contract between the Contractor and the City described above and dated the _____ day of _________________________, ________________, upon the terms and conditions set forth in that contract, which are made a part of this bond by reference, at the times and in the manner prescribed in the contract as they may be amended by the Contractor and City, such contract and amendments thereto hereinafter called the Contract; and, 2. Promptly makes payments to all claimants, as defined in Section 255.01, Florida Statutes, supplying Contractor with labor, services, materials, or supplies in prosecution of the work provided for in the Contract; and, 3. Promptly and fully indemnifies the City as required by the Contract; and, 4. Pays to the City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains by reason of any failure by the Contractor to fully and completely perform the Contract; and, performs the guarantee of all work, materials, and equipment furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force and effect. Any changes in, or under, the Contract; any granting of an extension of time for the performance of the Contract; any other forbearance by or on the part of the either the City or the Contractor; or any compliance or noncompliance with any formalities connected with the Contract or changes thereto shall in no way release or affect, in any way, the obligations of either the Contractor or the Surety under this bond. Notice to the Surety of any such changes, extensions, or forbearance is hereby specifically waived. RFP No. DATED this _____ day of ____________________________,______________. For the Principal: By: ____________________________ ____________________________ (Type or print name and title of signatory) For the Surety: By: _______________________________ By: _________________________(Seal) __________________________________ Attorney-in-Fact (Type or print name and title of signatory) Florida Resident Agent: ______________________________ Registration No.: ___________________________________ NOTE: POWER OF ATTORNEY SHOWING AUTHORITY OF ATTORNEY IN FACT SHALL BE ATTACHED HERETO. RFP No.
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