request for proposal fy16-r-012
Transcription
request for proposal fy16-r-012
REQUEST FOR PROPOSAL FY16-R-012 for TRANSIT ADVERTISING SALES PRODUCTION, INSTALLATION, AND REMOVAL for DES MOINES AREA REGIONAL TRANSIT AUTHORITY Service Requested: Transit Advertising Sales, Production, Installation, and Removal Contract Type: Fixed Price – Price Redetermination Number of Contracts: One Duration: 5-Year Contract with 3-One Year Options Funding Source: Operating Budget Date Issued: January 6, 2016 Deadline for Questions Regarding this RFP: January 12, 2016 Answers to Questions Posted on Website: January 20, 2016 Proposals Due: February 5, 2016 Selection Goal Date: March 25, 2016 LEGAL NOTICE REQUEST FOR PROPOSAL FY16-R-012 Transit Advertising Sales, Production, Installation, and Removal Sealed proposals are hereby requested by the DES MOINES AREA REGIONAL TRANSIT AUTHORITY, 620 Cherry Street, Des Moines, Iowa to be received until 2:00 p.m. local time, on February 5, 2016 for Transit Advertising Sales, Production, Installation, and Removal services. Requests for clarification and/or questions concerning the issued document shall be directed to Dan Clark in the DART Procurement Department at 515-283-8116 or e-mail [email protected]. All submittal questions concerning this RFP are due on January 12, 2015. This will be the only notice rendered for this procurement. Proposal Documents can be obtained at DART Central Station, above address, during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or DART’s website http://www.ridedart.com/procurements.cfm . In accordance with Title VI of the Civil Rights Act of 1964, DART notifies all proposed vendors that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full opportunity to submit a proposal in response to this request and will not be discriminated against on the grounds of race, color, or national origin in consideration of an award. DES MOINES AREA REGIONAL TRANSIT AUTHORITY TABLE OF CONTENTS REQUEST OF PROPOSAL RFP – 16 – R – 012 TRANSIT ADVERTISING SALES, PRODUCTION, AND INSTALLATION Section 1 – Proposal Submittal Requirements 4 Section 2 – Scope of Work 7 Section 3 – Proposal Evaluation and Award Procedure 14 Section 4 – Proposal Timeline 15 Section 5 – Instructions to Proposers 16 Section 6 – Contract Provisions 23 Section 7 – Attachments 41 Exhibit A – DART Vehicle Inventory 55 Exhibit B – DART Advertising Policy and Standards 57 Exhibit C – Historical Advertising Revenues 63 All proposals are subject to the conditions specified herein. Proposals that do not comply with these conditions are subject to rejection. Proposing firms shall include the following information, at a minimum, in their proposal and shall organize their proposal in the same order as the items are listed below. 1.1. GENERAL REQUIREMENTS The proposal shall: 1.2. 1.3. Contain concise written materials that enable the reviewer to clearly understand the Proposer's capabilities and approach to the project. Specifically describe the Proposer's role in relationship to its subcontractors and shall describe the interfaces with said subcontractors. Reflect a level of understanding of the work required. GENERAL FORMAT In preparing the proposal, please duplex print all sections to reduce paper consumption and use recycled products, where feasible. Proposals shall be prepared on 8.5 x 11" paper with 1" left margins and 1" top, bottom and right margins. Typing shall be single spaced and no smaller than font size 11. Use of 11 x 17" fold out sheets for large tables, charts or diagrams is permissible, but should be limited. Promotional or Advertising information will not be accepted. COPIES 1.4. One (1) unbound original in an envelope clearly marked as “Original”. Five (5) copies, all of which shall be enclosed and sealed in envelope(s) marked as “Copies”. SUBMITTAL Mailed or delivered proposals shall be addressed to: Des Moines Area Regional Transit Authority ATTN: PROCUREMENT DEPARTMENT 620 Cherry Street Des Moines, Iowa 50309 Phone: 515-283-5034 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 4 1.5. PROPOSAL REQUIREMENTS A. PROPOSAL LETTER This letter must be completed and executed by an authorized representative of the Proposer. No other letter may replace or be included in addition to the Proposal Letter. A proposal letter transmitting the proposal must be submitted and dated. The letter must indicate that the Proposer agrees to be bound by the proposal without modifications, unless mutually agreed to by DART and the Proposer. The proposal letter shall also contain the name, title, address, e-mail address, and telephone number(s) of an individual(s) with authority to bind the Proposer during the period in which DART is evaluating proposals. The cover letter shall also identify the legal form of the firm. If the firm is a corporation, the cover letter shall identify in which state the company was incorporated. If a consortium, joint venture or team approach is being proposed, provide the above information for all participating firms. The cover letter shall be signed by a principal of the firm or other person fully authorized to act on behalf of the firm or team. B. FIRM AND STAFF QUALIFICATIONS The proposal shall include a general description of the firm and its background as it relates to this project. Specific information regarding the firm and staff shall be submitted and include: Information regarding the firm’s previous experience with similar or related projects. It should contain a brief description of these projects and project staffing. Information demonstrating the firm and staff capabilities to perform all aspects of this particular project. Information regarding the expertise and experience of staff person(s) to be assigned to work on the project. It should also contain specific proposed responsibilities of the project staff person(s), coordination activities with DART staff and estimated workdays of participation. Information on the current and projected workload of key staff to be assigned to this project; including level and magnitude of involvement, and start and completion dates. References including client name, address, contact person, telephone number, email, project start and end date as well as a project description. References should be for similar or related projects that proposed key staff members for this project have worked. If any work is to be subcontracted to another firm(s), the proposal must include the above firm and staff qualification information for each subcontractor, a description of the services the firm performs as well as related projects and references. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 5 C. TECHNICAL APPROACH Description of the firm’s proposed approach to the sales of transit advertising including, but not limited to the following: Familiarity, experience, and past performance on similar projects. Ability to provide the required service The Service Delivery Plan for DART Revenue D. MANAGEMENT PLAN AND SCHEDULE The Management Plan should demonstrate how the firm will manage their responsibilities, schedule the work to be performed and work with DART personnel. E. FINANCIAL PROPOSAL Proposers need to include a revenue sharing plan that details a annual revenue guarantee which would be paid to DART during each contract year (hereinafter referred to as a “Minimum Guaranteed Payment”) and a proposed percentage of net revenues due to DART once the Minimum Guaranteed Payment has been exceeded (hereinafter referred to as a “Revenue Share”) F. PROFESSIONAL SERVICES CONTRACT Indicate your willingness to accept the terms and conditions in the Contract Provisions (Section 6) or list those to which you take exception, and, as appropriate, provide proposed alternate wording. It is not DART’s intent to make substantial changes to the outlined Contract Provisions. G. FORMS Compliance with these requirements is mandatory for contract award. ATTACHMENT 1 – Acknowledgement of Addenda ATTACHMENT 2 – Required Proposer Information Form ATTACHMENT 3 – Proposal Pricing Form ATTACHMENT 4 – Non-Collusion Affidavit ATTACHMENT 5 – Certification of Primary Contractor Regarding Debarment, Suspension, and Other Responsibility Matters ATTACHMENT 6 – Certification of Lower-Tier Participants (Subcontractors) Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion ATTACHMENT 7 - Contractor’s Statement On Sub-Contractors ATTACHMENT 8 - DBE Participation Form ATTACHMENT 9 - DBE Good Faith Efforts Documentation Form ATTACHMENT 10 – Certification of Restrictions on Lobbying FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 6 2.1. BACKGROUND DART-Des Moines Area Regional Transit Authority is the regional transit authority governed by an independent commission. DART's service area includes the following communities: Alleman, Altoona, Ankeny, Bondurant, Carlisle, Clive, Des Moines, Elkhart, Granger, Grimes, Johnston, Mitchellville, Pleasant Hill, Polk City, Unincorporated Polk County, Runnells, Urbandale, West Des Moines and Windsor Heights. DART has 17 local fixed routes, 8 express routes, 3 flex routes and 5 On Call zones. DART Paratransit provides both general public demand response transportation services well as ADA complimentary service. DART also has an extensive RideShare program that operates approximately 100 vans throughout the region. Information on DART’s fleet is included at Exhibit A. The population of Des Moines is approximately 200,000 and the regional metro service area has a population of approximately 580,000. Approximately 4.8 million unlinked trips are provided annually on DART services. DART’s two main facilities are: Operations and Maintenance Facility (1100 DART Way, Des Moines) – This building was built in 1976 and comprises an office building for DART’s operations and maintenance personnel, two bus storage garages, a fueling station, a bus wash and a eight bay maintenance garage. The facility has had several additions over the years as well as being renovated due to the flood in 1993. DART Central Station (620 Cherry Street, Des Moines) – This facility opened in November 2012 and serves as DART’s primary bus transfer facility as well as housing several administrative personnel. It was designed and certified to LEED Platinum standards. 2.2. ADVERTISING SALES DART is soliciting bids for Print Advertising and Audio Advertising sales. Proposers may submit bids for one or both parts. DART may award both parts to one Contractor or DART may award each part to separate Contractors. The successful bidder for Print Advertising shall be given the exclusive right and privilege to solicit and sell advertising meant to be displayed on the interior or exterior of transit vehicles operated by DART or at bus stop shelters maintained by DART. The Contractor shall operate to maximize the revenue generated from such advertising. The successful bidder will develop and maintain current advertisement specification sheets that list the application and pricing for each of the types of advertising products listed in section 2.5 below. The successful bidder for Audio Advertising shall be given the exclusive right and privilege to solicit and sell advertising meant to be announced over the on-board audio system. The Contractor shall operate to maximize the revenue generated from such advertising. The successful bidder will perform all duties necessary to sell audio advertising on DART buses in accordance with the audio scope of work at section 2.7 below. 2.3. REVENUE The successful bidder for Print Adverting shall provide DART with a monthly Guaranteed Minimum Payment for transit advertising sales. The successful bidder shall also provide DART with a Revenue Share percentage that shall be paid to DART should transit advertising sales exceed the Guaranteed Minimum FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 7 Payment. Additional information regarding the Guaranteed Minimum Payment and the Revenue Share are contained in Section 6, Contract Provisions. The successful bidder for Audio Advertising shall provide DART with a monthly Revenue Share percentage that shall be paid to DART for all audio advertisement sales. 2.4. ADVERTISING STANDARDS Advertising to be displayed or played under the terms of this contract shall be of a reputable character, shall conform to recognized business standards and shall not conflict with the laws or regulations of the United States, State of Iowa or political subdivision thereof having jurisdiction over DART, and shall comply with DART Advertising Policies outlined in Exhibit B. DART reserves the right to screen and approve any advertisement prior to its production and installation. DART shall specifically review and approve (i) PSAs, (ii) political advertising, and (iii) donated advertising. DART shall have the right to require the removal of any advertising which brings disrepute upon DART. The Contractor shall remove such advertising within a reasonable time of receiving notice from DART. SPECIAL ADVERTISING SITUATIONS Special advertising situations are those situations where DART is displaying advertising that does not generate revenue for DART, but meets other objectives and goals of DART. Special advertising situations may be placed as a Print Advertisement, Audio Advertisement or both. Special advertising situations, unless otherwise noted, are performed at no cost to DART and do not entitle the successful bidder to any revenue share or payment under this agreement. Generally, these special advertising situations shall be displayed or played in available advertising space. In the event that available advertising space becomes limited, DART reserves the right to set aside up to fifteen percent (15%) of available print advertising space for displaying special advertising situation ads. All forms of advertising which fall under special advertising situations may be removed if space is needed to place paid advertisements. The following are the permitted forms of special advertising situations allowed under this agreement: In-House Messaging. In-House Messaging is any advertising that DART places to communicate messages from DART to passengers and the general public. DART shall be responsible to pay production, installation, and removal costs. In-House Messaging may be removed to place paid advertisements. Co-Promotions. Co-Promotions are ads with local attraction such as museums, zoos, sports teams, and special events. The purpose of the co-promotion is often to encourage the public to take public transportation to the attraction or event. Co-promotions may be removed to place paid advertisements. DART and the Co-promoter shall jointly be responsible for the production, installation, and removal costs. Donated Space. From time-to-time DART will donate advertising space. Donated space may be made for advertising that serves the public interest, but may not meet the criteria for a Public Service Announcement. Donated advertisements shall be reviewed and approved in accordance with DART policies and procedures. The organization placing the donated advertising is responsible for any production, installation, and removal costs. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 8 Public Service Announcements. DART may allow Public Service Announcements (hereinafter referred to as PSAs) to be displayed on our transit vehicles and bus stop shelters or played as audio ads on our annunciator system. Organizations wishing to display or play PSAs shall submit their proposed advertisement for approval by the Chief Engagement and Communication Officer. All PSAs will follow the guidelines in DART’s Advertising Policies at Exhibit B. The organization placing the PSA will be responsible for any production, printing, installation, and removal costs. Media Trades. Media Trades are where DART allows the trade or barter of advertising on our buses or bus shelters for advertising in another media such as radio, cable television, television, newspaper, or billboards. Media trades will be valued at rate card cost for DART advertising on the other Media. Media trades may be coordinated by DART or the Contractor. The successful bidder shall ensure that DART advertising obtains priority for the space and timing of advertising to ensure maximum exposure of ads placed in other media. The organization who is placing the advertisement on DART will be responsible for any production, installation costs, and removal. 2.5. TYPES OF PRINT ADVERTISING PRODUCTS The successful bidder shall provide a direct application bid and mounting on Coroplast bid for the following advertising products described in this section. These categories of advertising products are representative of current applications used. Additional products, as approved by DART, may be added as the successful bidder’s advertising program develops and expands. 1. Full Wrap (35’ and 40’)- covers entire bus and windows; is an exterior display appearing on the entire bus. The bus is fully wrapped with full-color graphics produced on two kinds of bus wrap, one for the body of the bus and another for the windows. 2. King Kong Wrap (20’ x 96”)- covers top to bottom between wheel wells. 3. Full Back Wrap (99” x 96.5”)- covers entire back of bus. 4. Half Back Wrap (99” x 38”)- covers entire bottom half the bus back. 5. King (144” x 30”)- covers portion of driver side of the bus between the windows and wheel wells. 6. Queen (108” x 30”)- covers portion of passenger side of the bus between the windows and wheel wells. 7. Taillight Small (72” x 18”)- covers a portion of the bottom half of the bus back. 8. Taillight Large (70” x 21”)- covers a portion of the bottom half of the bus back. 9. Headlights (44” x 16”)- Coroplast Mounted Only- covers a portion of the bike rack on the front of the bus. 10. Interior Small (11” x 17”)- overhead ad in bus interior. 11. Interior Large (11” x 26”)- overhead ad in bus interior. 12. Direct Ceiling Application (24” x 48”) – direct application to the bus ceiling 13. Downtown Trolley Interior, Small (10.75” x 17”) 14. Downtown Trolley Interior, Large (10.75” x 26”) FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 9 15. Paratransit Streetside /Curbside (55”x 18”) – covers a portion of the side of the bus from the rear wheel to the end of the bus, below the windows. 16. Paratransit Back Window (55’ x 18”) – covers the back window of the bus, printed on a window screen material. 17. Shelter (4’ x 6’) - bus shelters consist of two ads, an interior and exterior placement. There are currently fourteen (14) shelter locations. 2.6. PRINT ADVERTISING SCOPE OF WORK The purpose of this request for proposal is to obtain formal bids from qualified vendors who can provide Des Moines Area Regional Transit Authority with the sales, production, design, installation, removal of transit advertising for our agency. Upon DART’s request, the successful bidder shall sell, produce, install and remove advertisements on all transit buses and bus shelters. All work shall be performed at the direction of DART staff and shall be completed in a timely manner. The successful bidder shall produce ad products using only DART pre-approved materials at the start of the contract. During the contract period, contractor shall inform and suggest to DART for consideration and/or approval of materials that have been newly introduced to the market that allow the best visibility, as applicable. DART will specify the type of advertising product being requested and work with the successful bidder to establish a project deadline. The successful bidder will be required to meet project deadlines. A. PRODUCTION SERVICES Any costs incurred for Production Services shall be borne by the Contractor. No production services shall commence without prior approval of the proof by DART staff. B. DESIGN SERVICES Any costs incurred for Design Services shall be borne by the Contractor. The successful bidder is responsible for securing from the advertiser or designing for the advertiser print ready proofs for all paid advertising. The successful bidder shall provide proofs to DART staff. The successful bidder must obtain approval of the proof prior to beginning production services. Printed products must provide a vibrant, colorful, a high quality and high resolution image to pedestrians, car drivers, etc. Template: The successful bidder will initially need to individually measure the exterior of the bus to create a design template for each wrap type and size. The template will be used by the successful bidder for future use on that particular bus. Measurements and design templates are FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 10 to account for variances in windows, window spacing, ventilation grills, and signal lights, access panels, safety signage, etc., that may vary from bus to bus. Note: Each template may vary by bus type. Design should account for variances in body surface and template should be used to ensure important elements of image or advertising copy is not cut off or otherwise interrupted because it was installed over an access panel, window, ventilation grill, or signal light. Design must also ensure that identifying labels on the bus; for instance, vehicle numbers and/or the safety signage are left uncovered and/or are worked into the overall design of the bus. No work shall commence without prior approval of the DART staff. C. INSTALLATION AND REMOVAL OF ADVERTISING All installations shall be performed by certified 3M, or equivalent, installer(s) for the particular type of material used. Installation and/or removal of advertising shall generally take place between the hours of 11:00 p.m. and 3:00 a.m. on weekdays, unless otherwise coordinated with DART. The Contractor shall provide the DART Maintenance Manager with a list of buses for which advertising needs to be installed and/or removed. This list shall be provided to the DART Maintenance Manager at least 24 hours in advance of the desired day when installation and/or removal is to be performed. The successful bidder shall deliver, install, and remove materials within the DART garage in the advertising area (lanes 35-40, specific lane assignment to be given the day of each installation and/or removal), located at 1100 DART Way, Des Moines, IA 50309 The successful bidder shall make contact with the Maintenance Supervisor-on-Duty whenever entering or exiting the facility. DART garage area must be kept clean. Waste materials from installation must be collected and removed by the contractor. While within the DART facility, the successful bidder shall follow the instructions of DART personnel. Inspection of installed/removed advertising will be done, by DART staff, within 3-5 business days. Any work that does not pass inspection must be corrected, by the contractor, with seven (7) calendar days. Work shall be coordinated with DART staff. Bus number, safety stickers, exterior signage and labels, and various sections of the bus (e.g., front curbside/driver’s window, emergency exits, etc.) must be clearly visible from the outside and unobstructed by the wrap ads. DART will provide direction to contractors about the placement of the wrap ads. The successful bidder should direct questions about installation/removal to DART Maintenance Manager and/or the Maintenance Supervisor-on-Duty. The successful bidder shall take a picture of the completed installation/removal. The successful bidder is responsible for returning bus to its original condition, with reasonable wear and tear exempted, when any display advertisements are removed. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 11 Damage to the paint surface caused by the application or removal of advertisements is not considered reasonable wear and tear. The successful bidder is responsible for the cost of any damages to the transit bus, resulting from their installation and/or removal work. Payment for paint and/or body damage will be invoiced, due and payable net 30 days from receipt of invoice or may be deducted from any balances owed. Hiding paint damage will be grounds for termination of services. 2.7. AUDIO ADVERTISING SCOPE OF WORK A. PROJECT SCOPE DART is soliciting written proposals from interested parties to act as the exclusive agent for DART for the sale of on-board audio advertising on DART buses. The advertisements should be played utilizing the annunciator system inside DART buses. Location-based advertisements should be based on location provided by the vehicles on board Automated Vehicle Locator system. DART’s annunciator system and Automated Vehicle Locater system are provided by Trapeze Group. B C SCOPE OF WORK Location-based and time-based advertising shall be offered for sale to organizations who are interested in placing audio advertising on DART buses. The contractor shall perform all duties necessary to sell location-based or time-based advertising to organizations who are interested in placing audio advertisements on DART buses. The contractor shall, at its expense, provide for all production, recording, formatting, testing, and delivery of audio advertising files to DART for upload to its on-board annunciator system. The contractor shall make inventory available for DART's use for in-house messaging and public service announcements according to terms proposed and accepted as part of this procurement process. The Contractor, if they are not the successful bidder for Print Advertising, shall cooperate and coordinate marketing with the contractor for Print Advertising. Contractor shall coordinate all marketing and sales activities with the Print Advertising contractor to the fullest extent possible to as to not negatively impact operations or DART’s overall transit advertising revenue. The Contractor shall comply with DART’s Advertising Policy attached as Exhibit B. The Contractor shall pay DART the agreed upon Revenue Percentage share according to the terms in Section 6 – Contract Provisions. RESEARCH AND TESTING FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 12 The Contractor shall propose a process during which on board audio advertising will be tested on a limited basis to determine the following: D Customer and operator attitudes and acceptance Technical performance of recorded messages Accuracy of location-based playback relative to GPS locations INTEGRATION WITH CURRENT ANNOUNCEMENTS The location-based and time-based announcements may not interfere with current pre-programmed announcements. These currently include: Location of major intersections and bus stop location. Driver announcement of specific stops, when requested. DART in-house messaging. DART approved audio PSA’s. The cessation of audio messaging when a stop is requested. E ADDITIONAL REQUIREMENTS AND RESTRICTIONS 2.8. DART has approximately 1,450 bus stops available for location-based advertising Audio advertising may only be done on DART’s fixed route vehicles. Availability for time-based advertising is as follows: o Morning prime time: 6:00 a.m. to 9:00 a.m. o Evening prime time 4:00 p.m. to 7:00 p.m. The number of ads that can be played on DART vehicles and spacing of those ads shall be determined in consultation with DART’s Chief Engagement and Communications Officer. INTELLECTUAL PROPERTY Any artwork, designs, written reports, templates, advertising, or other works made by the contractor(s) under this contract shall be considered works for hire and become the property of Des Moines Area Regional Transit Authority. Any such works shall not be stamped with the bidder’s proprietary markings. All works produced shall be turned over in their original formats, if requested, to DART, and/or shall be furnished to DART immediately at the end of the final contract period. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 13 3.1. GENERAL GUIDANCE DART reserves the right to accept or reject any or all proposals and may select, and negotiate with one or more Proposers concurrently should they both be deemed equal, and enter into a Contract with such Proposer who is determined, by the DART, to provide the services which are in the best interest of DART. DART may agree to such terms and conditions as it may determine to be in its interest. DART’s Selection Committee reserves the right to request additional information from Proposers, to negotiate terms and conditions of the Contract, request or oral presentations, or ask Proposers to appear before the Selection Committee to clarify points of their proposal. DART does plan to include oral presentations at this time. 3.2. EVALUATION CRITERIA The evaluation criteria for this procurement are: A. FAMILIARITY, EXPERIENCE, AND PAST PERFORMANCE (25 PERCENT) Print and Audio Advertising: The evaluation will be based upon the firms past experience on similar projects. This also includes the technical qualifications and work experience of key personnel assigned to work with DART staff. B. ABILITY TO PROVIDE REQUIRED SERVICE (20 PERCENT) Print Advertising: The proposal should provide information that represents the firm’s ability to meet the varied advertising sales, production, installation, and removal requirements. Audio Advertising: The proposal should provide information that represents the firm’s ability to meet the varied advertising, research and testing, production, and delivery of audio advertisements. C. THE SERVICE DELIVERY PLAN FOR DART (20 PERCENT) Print and Audio Advertising: The evaluation will be based upon how the firm will manage their responsibilities, schedule the work to be performed and work with DART personnel. D. REVENUE (35 PERCENT) Print Advertising: The evaluation will be based upon the proposed Guaranteed Minimum Payment and Revenue Share. Audio Advertising: The evaluation will be based on the Revenue Share. All Respondents will be notified after the Selection Committee has selected the most qualified Respondent(s). Award of this RFP shall be on the basis of the above-outlined evaluation criteria and awarded to the Proposer whose proposal is judged as providing the best value in meeting the interest of DART and the objectives of the project, in DART’s sole determination. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 14 4.1. PROPOSAL TIMELINE The following timeline has been established for this Request for Proposals: TASK DATE Date Issued: 01/06/2016 Deadline for Questions Regarding this RFP: 01/12/2016 Answers to Questions Posted on Website: 01/20/2016 Proposals Due: 02/05/2016 Selection Goal Date: 03/25/2016 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 15 5.1. INTERPRETATION OF RFP DOCUMENTS No oral interpretations will be made to any firms as to the meaning of specifications or any other contracts documents. All questions pertaining to the terms and conditions or scope of work of this RFP must be sent in writing (mail, e-mail, or fax) to the DART Purchasing Manager and received by the date specified. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the proposal. All such addenda shall become part of the contract documents. DART will not be responsible for any other explanation or interpretation of the proposed proposal made or given prior to the award of the contract. The DART Purchasing Manager will be unable to respond to questions received after the specified time frame. If no request for clarification is submitted by the Proposer all conditions and requirements contained within are accepted and understood by the Proposer. 5.2. ADDENDUM TO RFP If it becomes necessary to revise this RFP, any addendums will be posted on the DART website and to or those having expressed an interest in submitting a proposal. 5.3. TYPE OF CONTRACT DART intends to award a fixed, with a price re-determination contract. The fixed price will be based upon the Guaranteed Minimum Payment and the price re-determination will be based upon proceeds paid to DART over and above the Guaranteed Minimum Payment, based upon the Revenue Share percentage. 5.4. RIGHTS OF DART IN REQUEST FOR PROPOSAL PROCESS DART may investigate the qualifications of any Proposer under consideration. DART may require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the Services described in this RFP. DART reserves the right to: Disqualify any Proposer in accordance with Instruction to Proposers Reject any or all of the Proposals, at its discretion Remedy errors in the RFP Cancel the entire RFP Issue subsequent RFP Appoint evaluation committees to review Proposals Seek the assistance of outside technical experts to review Proposals Approve or disapprove the use of particular Subconsultants and Suppliers Establish a short list of Proposers eligible for discussions after review of written Proposals Solicit best and final offers (BAFO) from all or some of the Proposers Negotiate with any, all or none of the Proposers Award a contract to one Proposer Accept other than the lowest priced Proposal Disqualify the Proposal(s) upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer(s) FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 16 Waive any informalities or irregularities in any Proposal, to the extent permitted by law. This RFP does not commit DART to enter into a Contract. 5.5. DART PROTEST PROCEDURES A. WHO MAY PROTEST OR APPEAL. Any Proposer showing a substantial economic interest in the award of a contract under this procurement who claims to be aggrieved in connection with the solicitation or proposed award of a contract under this procurement may protest to DART in accordance with the procedures set forth herein. B. TIMING OF PROTEST. A protest must be submitted by an Interested Party no later than 7 business days prior to the date and time designated for submittal of bids or proposals or within 5 business days after the allegedly aggrieved person or party is notified of contract award. All protest must be in writing and shall contain the following: the procurement title and/or number under which the protest is made; the name and address of the allegedly aggrieved party; a detailed description of the specific grounds for the protest and all supporting documentation; the specific ruling or relief requested; and the written protest shall be addressed to DART Procurement Manager, Des Moines Area Regional Transit Authority, 620 Cherry Street, Des Moines, IA 50309. C. EVALUATION OF PROTESTS. A protest decision should ordinarily be written and published within ten (10) working days of receipt of the protest. The Procurement Manager may extend the response period if additional time is required to gather and evaluate information necessary for the decision or for other good cause. Upon receipt of a protest, the Procurement Manager shall notify parties involved in the procurement as identified above, and such DART personnel or others as may be appropriate or necessary to determine the validity of the protest. A notice of the receipt of a protest pertaining to a federally participating purchase shall be sent to the FTA regional office, per FTA Circular 4220.1F, Chapter VII, Sec. 1.a(2). Copies of the protest submittal, or portions thereof, may be provided to the notified parties as appropriate. The Procurement Manager may request additional written information from the protestor or other parties, as necessary to determine the validity of the protest. A formal or informal hearing may be held. If a formal hearing is held, testimony shall be given under oath and a transcript or electronic recording of the proceeding shall be made; the transcript or recording shall be provided to the protestor and made part of the protest record. The Procurement Manager shall redact from any submission under the protest process information which has been identified as proprietary, and which, in his/her judgment, is protected from disclosure under the FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 17 Iowa Freedom of Information Act prior to furnishing such submission to any other party, unless the person furnishing the information consents, in writing, to distribution of the information to other interested parties. The Procurement Manager will consult DART Legal Counsel prior to issuing a decision regarding the protest. D. RESPONSE TO PROTEST. Upon receipt of a timely written protest, the Procurement Manager will consider the protest in accordance with established procedures and promptly issue a written decision stating the reasons for the action taken and informing the allegedly aggrieved person of his/her right to appeal the decision to the General Manager. The decision document will contain four parts: SUMMARY – Describes briefly the protesting party, the solicitation involved, the issue(s) raised, and the decision. BACKGROUND – Describes in more detail the history of the solicitation and the procurement events leading to the protest, the date the protest was received, and the process by which it was evaluated. DISCUSSION – Identifies the issue or issues raised by the protestor, and the factors considered in reaching a decision, and the rationale for the decision. DETERMINATION – States the decision and any remedy or subsequent action, e.g. cancellation of the procurement, resulting from it. The decision made by the Procurement Manager shall be final and conclusive unless appealed in writing to the General Manager within 5 business days of receipt by the Protestor. The General Manager will consider the appeal and promptly issue a written decision, which shall be final and conclusive. A Protestor may not commence litigation prior to exhausting all administrative remedies. Failure to exhaust all administrative remedies shall constitute an absolute waiver of the protestor's right, if any, to commence litigation. Failure to comply with these protests and appeal requirements will render a protest or an appeal untimely or inadequate and may result in its rejection by DART. After the exhaustion of all administrative remedies, the protestor shall have 10 calendar days to commence litigation. Failure to commence litigation within this limitation shall constitute an absolute waiver of the protestor's right FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 18 E. RECORD OF PROTEST. Upon receipt of a protest involving FTA funded contracts, FTA shall be notified, and shall be kept informed of the status of the protest until resolved. F. PROTEST AT THE FEDERAL TRANSIT ADMINISTRATION LEVEL. Protests made to the FTA will be limited to DART's failure to have or follow its protest procedures, DART's failure to review a complaint or protest, or violations of Federal law or regulation. Any protest to the FTA must be made in accordance with the following guidelines: A protest must be filed with the FTA no later than 5 business days after the protester learns or should have learned of an adverse decision by DART or other basis of appeal to FTA; A protest to FTA must be filed in accordance with FTA Circular 4220.1F, Chapter VII, as amended. The Procurement Manager shall submit to the FTA Regional Office a copy of all protests and DART’s response. 5.6. PRICES, TERMS AND PAYMENT Firm prices shall be proposed and must include all ancillary costs as well as the following: Taxes: DART does not pay federal excise and sales taxes or state excise and use taxes on direct purchases. Mistakes: Proposers are expected to examine the conditions, scope of work, proposal prices, extensions, specifications and all instructions pertaining to the request for proposal. Failure to do so will be at the Proposers risk. Invoicing and Payment: Charges rendered from the consultant to DART shall be due and payable on terms of Net 45 days after proper and complete billing is received from DART. 5.7. DURATION OF OFFER All proposals shall remain in effect for a minimum of one hundred eighty (180) days from the proposal opening date or scheduled date for receipt of proposals. Proposers that allow less than one hundred eighty (180) days for acceptance by DART will be considered non-responsive and will be rejected. 5.8. TAX EXEMPTION DART is exempt from payment of all Federal, State, and local taxes in connection with this Project. Said taxes shall not be included in the proposal or proposal prices. DART will provide necessary tax exemption certificates. This provision does not relieve the Consultant from the responsibility to pay all applicable taxes for goods, services, and labor acquired in the performance of this Project. 5.9. LATE PROPOSALS OR WITHDRAWAL OF PROPOSALS Any proposal received at the DART offices designated in the solicitation after the time specified for receipt of proposals will not be considered and will be returned to the proposer unopened. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 19 A proposal may be withdrawn in person by the proposer or their authorized representative, provided their identity is made known and a receipt is signed for the proposal, and only if the withdrawal is made prior to the time specified for receipt of proposals. 5.10. QUALIFICATIONS FOR AWARD Award of this contract shall be made to the proposal which is responsive in all respects to these procurement requirements, and where the Proposer is determined to be a responsible Proposer, a determination that shall be made solely at the discretion of DART. The Proposer affirms and declares: The Proposer has the capacity to do business within the State of Iowa. The Proposer has the capability to assure completion of the required services within the time specified under this contract. The Proposer presently has the necessary facilities, financial resources and licenses to complete the contract in a satisfactory manner and within the required time. The Proposer is of lawful age and that no other person, firm or corporation has any interest in this proposal or the contract proposed to be entered into. The Proposer is not in arrears to the Des Moines Area Regional Transit Authority upon debt or contract and is not defaulting as surety or otherwise, upon any obligation to the Des Moines Area Regional Transit Authority. No member, officer, or employee of DART during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. To be “qualified” by DART, the proposer must have all State and Local licenses as legally required that are necessary to perform and complete the work as called for herein. The proposer is not on the Comptroller General’s list of ineligible consultants. 5.11. WITHHOLDING AWARD This solicitation for proposals does not commit DART to award a contract, pay any costs incurred in preparation of proposal or proposals in response to this solicitation, or to procure or contract for goods or services. Proposer shall be responsible for all costs incurred as part of their participation in the preaward process. 5.12. PROPOSAL ACCEPTANCE, REJECTION, AND POSTPONEMENT DART reserves the right to postpone, accept, or reject any and all proposals in whole or in part, on such basis as the DART Commission deems to be in its best interest to do so, subject to the rules and regulations set forth by the U.S. Department of Transportation. Any person, firm, corporation, Joint Venture/partnership, or other interested party that has been compensated by DART or a consultant engaged by DART for assistance in preparing the RFP Documents FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 20 and/or estimate shall be considered to have gained an unfair competitive advantage in proposing and shall be precluded from submitting a Proposal in response to the RFP. Any person, firm, corporation, Joint Venture/partnership, or other interested party that has continued discussions regarding this RFP with DART or consultant staff other than the Contract Administrator (with the exception of the Contract Compliance Office regarding DBE informational requests or informational requests on the Lobbying Program) after the RFP is issued may be considered to have gained an unfair competitive advantage in proposing and may be precluded from submitting a Proposal in response to the RFP. 5.13. USDOT/FTA/IDOT CONCURRENCE FOR CONTRACT AWARD The award of a Contract for this Project may be subject to review and concurrence by the U.S. Department of Transportation, Federal Transit Administration and/or the Iowa Department of Transportation. 5.14. DEBARMENT AND SUSPENSION Proposers shall complete and submit as part of their proposal, the Certification of Primary Contractor Regarding Debarment, Suspension, and Other Responsibility Matters for all projects when the total aggregate value of the contract exceeds $100,000. The proposer shall also submit a list of subcontracts and subcontractors that will have a financial interest in this Project that exceeds $25,000 or will have a critical influence on or a substantive control over the Project. A Certification Of Lower-Tier Participants Regarding Debarment, Suspension, And Other Ineligibility And Voluntary Exclusions shall be submitted by the proposer to DART for each listed subcontractor prior to contract award. During the term of the Contract the successful proposer will be required to immediately notify DART of 1) any potential subcontractor that is subject to this provision and to submit the appropriate certification prior to award of a subcontract, 2) any information that its certification or certification of its subcontractors was erroneous when submitted, 3) any information that certifications have become erroneous by reason of changed circumstances. 5.15. DBE PARTICIPATION The Contractor, Subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this (contract or agreement). The requirements of 49 CFR Part 26 and the recipient’s U.S. DOT-approved Disadvantaged Business Enterprise (DBE) program are incorporated in this (contract or agreement) by reference. In connection with the performance of this contract, the contractor will cooperate with DART in meeting its DBE goal and shall have the maximum practical opportunity to compete for subcontract work under this contract. The current DART DBE goal is 0.53 percent. It is the policy of DART that DBE’s shall have the maximum practicable opportunity to participate in DART contracts. In order to insure that a fair proportion of the purchases and contracts are placed with DBE’s, the bidder agrees to take affirmative action to the greatest extent practicable including good faith effort to identify qualified DBE firms for supplies and services to this bid. Failure by the Contractor, subrecipient, or subcontractor to carry out these requirements is a material breach of the contract, agreement or Purchase Order, which may result in the termination of this (contract or agreement) or such other remedy as DART deems appropriate. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 21 5.16. EXCLUSIONARY OR DISCRIMINATORY SPECIFICATIONS DART agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h)(2) by refraining from using any federal assistance awarded by the Federal Transit Administration to support procurements using exclusionary or discriminatory specifications. DART further agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by federal statute. 5.17. LOBBYING CERTIFICATION Proposers shall complete and submit as part of their proposal the Certification of Restrictions on Lobbying for all projects when the total aggregate value of the contract exceeds $100,000. The Contractor shall also submit a list of subcontracts and subcontractors that will exceed $100,000. A Certification of Restrictions on Lobbying shall be submitted by the proposer to DART for each listed subcontractor prior to contract award. 5.18. COLLUSION The Proposer, by affixing his signature to the Certification Form, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connections with any person, firm, or corporation making a proposal for the same items and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action". 5.19. LEGAL REQUIREMENTS Federal, state, county and local laws and ordinances, rules and regulations shall govern submittal and evaluation of proposals received and shall govern claims and disputes between Proposer(s) and DART by and through its officers, employees, authorized representatives, or any person, natural or otherwise. Lack of knowledge by Proposer is not a cognizable defense against legal effects. 5.20. EXCEPTIONS Proposer is advised that if it wishes to take exception to any of the terms contained in this RFP it must identify the term and the exception in its response to the procurement. Failure to do so may lead DART to declare any such term non-negotiable. Consultant’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. 5.21. PROJECT STARTUP The Contractor agrees to commence work on this Project immediately upon the signing of this Contract by both parties and the issuance of a Notice To Proceed by DART. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 22 1. DEFINITIONS Terms not defined in the Contract Documents shall have the meanings ascribed to such terms in applicable federal, state or local laws and regulations. If there is a conflict between any defined terms, DART’s reasonable interpretation of said term shall govern. 2. CONTRACT DOCUMENTS For the purposes of this Contract, the following documents are collectively referred to herein as the “Contract Documents”: A) The third-party contracting requirements in Federal Transit Administration (“FTA”) Circular 4220.1F as well as the applicable “Federally Required and Other Model Clauses” which are available on the FTA web site at http://www.fta.dot.gov/12831_6195.html B) This Contract together with all Exhibits and attachments hereto C) The Solicitation; and D) The Response In the event of a conflict between the terms of any of the documents that constitute the Contract Documents, the order of precedence of such documents shall be in descending order from A) to D). To the extent any of the terms of the Response conflict with the other documents that constitute the Contract Documents or the terms of the Response are not applicable or relevant in the reasonable opinion of DART, then those certain terms and provisions contained in the Response shall not be applicable and shall not constitute part of the Contract Documents. Contract Documents shall further include any properly executed amendments or change orders. 3. REQUIRED NOTICE TO PROCEED Contractor shall not proceed with any work required under the Contract Documents without a written notice of award from DART (the “Notice to Proceed”). Any work performed or expenses incurred by Contractor prior to receipt of the Notice to Proceed shall be entirely at Contractor’s risk. 4. GUARANTEED MINIMUM PAYMENT AND REVENUE SHARE PERCENTAGE PAYMENT Contractor shall provide Services of an amount that would be not less than the Guaranteed Minimum Payment, which represents the fixed price of this Contract, unless otherwise agreed in writing by DART. Contractor may also provide Services in excess of the Guaranteed Minimum Payment. When the Services provided exceed the level necessary to achieve the Guaranteed Minimum Payment, The Contractor shall pay DART the Revenue Share percentage amount specified in the Contract Documents. Payments under the Revenue Share percentage represents an agreed to redetermined pricing of this Contract. The Guaranteed Minimum Payment and Revenue Share percentage is provided in Exhibit A of the Contract. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 23 5. CONTRACTOR SERVICES The Contractor, at the direction of DART, shall provide to DART, services in conformance with the scope of work set forth in Section 2 of the contract. 6. CONTRACT PERFORMANCE TIME Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of Parties, this Contract will remain in effect for five (5) years after the Effective Date with three (3) options for one (1) year of additional Service. 7. PAYMENT A) PAYMENT; PROCEDURE FOR INVOICING. Contractor agrees to pay DART the Guaranteed Minimum Payment or the Revenue Share percentage of all advertising sold per month, whichever is greater. 1) The percentage calculation shall be based upon advertisements sold and not monthly receipts. 2) The Contractor is responsible for billing and collecting funds from all advertisers. The Contractor expressly understands and agrees that the Contractor solely bears the loss if a billing of a Contractor billed client is uncollectible, except in the case of legally filed bankruptcies. 3) The Contractor shall furnish by the 25th day of each month, and in each succeeding month of the agreement, an in the month following the termination of this agreement; a verified copy of the client billings for the prior month to document Service provided for that period. Along with this statement, the Contractor shall also provide pre-numbered copies of each advertising contract sold. 4) DART shall prepare an invoice for the greater of the Guaranteed Minimum Payment or the Revenue Share percentage. DART shall provide this invoice to the contractor by the FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 24 10th day of the month following the receipt of the Contractor’s verified client billing statement. Payment related correspondence shall be sent to: DART Attn: Accounts Receivable 620 Cherry Street Des Moines, IA 50309 B) TIME OF PAYMENT BY DART. DART may request additional documentation from Contractor prior to presentation of any invoice to Contractor for payment of revenue to DART under this Agreement. C) AUDITS. DART may, at any time, conduct an audit of any and all records kept by Contractor in connection with the Project. Any overpayment to Contractor by DART discovered during the course of such an audit may be set off against future amounts owed to Contractor by DART. D) PAYMENT DUE DATE. The Contractor shall make full payment within net forty-five (45) days after receipt and approval by DART of Contractor’s invoice, unless otherwise stated in the Contract Documents. E) RECIEPT OF PAYMENT BY DART AS RELEASE BY CONTRACTOR. The payment by Contractor, its successors, or assigns of any Guaranteed Minimum Payment or Revenue Share or final payment due pursuant to the Contract Documents shall constitute a full and complete release of DART from any and all claims, demands, or causes of action whatsoever that the Contractor, its successors, or assigns may have against the DART in connection with the Services performed under the Contract Documents, through the date that the Services are rendered and for which such payment is made. F) SUBCONTRACTORS. In the event Contractor is utilizing any subcontractors for the furnishing of Services, upon request by DART, Contractor shall provide to DART copies of billings and other invoices which may be received from any such subcontractors and, in addition, Contractor will obtain releases from time to time in favor of DART from any subcontractor(s) for work so performed by that subcontractor. 8. MODIFICATION OF CONTRACT DOCUMENTS DART may make such additions, deletions or revisions as DART may see fit, in the fleet size, types of vehicles in the fleet, Advertising Terms and Conditions, Public Service Announcement Programs, and underlying policies and procedures used to administer the transit advertising program, or any part thereof, either before or after the beginning of the Contract, without affecting the validity of this contract. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 25 Oral modification of the Contract Documents is not permitted. A party shall request any modifications of the Contract Documents in writing to the other party. If a requested modification is approved by the parties and such modification causes an increase or decrease in the cost or time required to complete the Project, the parties will agree to an equitable adjustment of the Contract Documents and will reflect the adjustment in a written change order signed by both parties. Neither party is obligated to perform requested modifications unless both parties execute a written change order. Contractor will not be compensated for any work performed or goods delivered prior to the execution of a written change order by both parties. 9. CONTRACTOR’S OBLIGATIONS A) INDEPENDENT CONTRACTOR. As an independent contractor, Contractor shall, at its sole cost and expense, provide all labor, materials, equipment, tools, supplies and incidentals necessary to perform this Contract in the manner and to the full extent as set forth in the Contract Documents. B) CONTRACTOR PERFORMANCE. Contractor will render its Services in accordance with the standard of care, skill and diligence exercised by members of the same profession providing similar services under similar conditions at the locale of the Project and at the time the Services are to be performed. The Contractor’s performance shall be considered acceptable when: 1) Contractor’s performance has been reviewed and approved by DART; and 2) Contractor has delivered to DART a final affidavit in form acceptable to DART which incorporates a full general release of DART from Contractor and its subcontractors, if any; and 3) All the other duties and obligations to be performed by Contractor under the Contract Documents have been satisfactorily met or performed, including the delivery to DART of any materials or documentation relating to the Services, including any warranty materials. C) FEDERAL FUNDING. Contractor acknowledges that DART is a public agency that receives both federal and state funding. Contractor agrees to abide by and conform to all applicable Federal and state laws, rules and regulations, whether or not such laws, rules and regulations are expressly set forth in the Contract Documents. Contractor hereby specifically agrees to abide by and conform to those certain rules and regulations promulgated by FTA and/or the Iowa Department of Transportation. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 26 D) TAX EXEPMT STATUS. Contractor acknowledges DART is exempt from payment of Iowa sales and use taxes, and DART agrees to sign an exemption certificate submitted by Contractor, if required. Contractor shall pay all applicable license fees and all applicable sales, use and other similar taxes relating to or arising out of the Contract Documents. E) PAYMENT OF CONTRACTOR EMPLOYEE EMPLOYMENT TAXES. Contractor shall be responsible for payment of its employee(s)’ Federal Insurance Contributions Act and Social Security benefits with respect to this Contract. F) PERMITS, LICENSES, AND APPROVALS REQUIRED. Unless otherwise expressly set forth in the Contract Documents, Contractor shall be responsible for securing, at Contractor’s sole expense, all necessary permits, licenses, and approvals. Contractor shall promptly furnish copies of all such permits, licenses and approvals to DART as and when obtained. G) TESTS AND INSPECTIONS. Contractor shall be responsible to coordinate all tests and inspections necessary for the proper execution and timely completion of this Contract. H) INSURANCE. Contractor shall be required to obtain and maintain during the term of this Contract, at Contractor’s sole expense, any and all insurance required under the Contract Documents or as may be otherwise reasonably required by DART. DART shall be listed as an additional insured under said insurance policies. Contractor shall furnish certificates of insurance to DART. I) MEETINGS BETWEEN CONTRACTOR REPRESENTATIVES AND DART. Contractor shall provide to DART such additional information as DART may reasonably request from time to time. At DART’s request, Contractor and certain of its employees and representatives shall also meet with DART from time to time regarding the Services to be rendered under this Contract. J) CLAIMS. Should either party suffer injury or damage to person or property due to any act or omission of the other party or of any of the other party’s employees, representatives, or agents, a claim for damages therefore shall be made in writing to the other party within a reasonable time after the first observance of such injury or damage. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 27 10. TERMINATION A) TERMINATION BY DART FOR CONVENIENCE. DART may terminate this Contract, in whole or in part, at any time for DART’s convenience. If this Contract is terminated for DART’s convenience pursuant to this subsection A), DART and Contractor shall make appropriate equitable adjustments to the terms of the Contract Documents; provided, however, Contractor shall in no circumstances be entitled to payment for loss of anticipated profits or compensated for Services not performed prior to the effective date of such termination. B) TERMINATION BY DART FOR BREACH OR DEFAULT. DART may terminate this Contract, in whole or in part, at any time due to Contractor’s default or breach of its obligations under the Contract Documents. If this Contract is terminated by DART due to Contractor’s default or breach of its obligations under the Contract Documents pursuant to this subsection B), DART may have the Services performed and/or the Project completed by other means and Contractor shall be liable for any additional cost incurred by DART in connection with such performance and/or completion. If, after termination of this Contract pursuant to this subsection B), it is determined that Contractor did not default or breach its obligations under the Contact Documents, the rights and obligations of the parties shall be the same as if this Contract was terminated for DART’s convenience pursuant to subsection 6.9.A). C) NOTICE OF TERMINATION FROM DART. DART shall terminate this Contract pursuant to subsections 6.9.A or 6.9.B above by delivering to Contractor a notice of termination specifying the reason(s) for such termination, the effective date of the termination and such additional information as DART deems appropriate. Upon receipt of the notice of termination by Contractor, Contractor shall: (1) immediately discontinue all Services (unless the notice of termination directs otherwise), and (2) deliver to DART all data, drawings, specifications, reports, estimates, summaries, and other information and materials obtained or accumulated by Contractor in its performance of this Contract, whether completed or in process. D) OPPORTUNITY TO CURE. In the event DART is providing a notice of termination to Contractor pursuant to subsection B), DART, in its sole discretion, may allow Contractor a ten (10) day cure period during which Contractor may cure the default or breach and avoid termination of this Contract. If Contractor fails to cure the default or breach to DART’s satisfaction during such ten (10) day period, DART shall have the right to terminate this Contract at the conclusion of the ten (10) day period without any further obligation to Contractor. A termination of this Contract by DART pursuant to subsection B) shall not preclude DART from also pursuing any and all available remedies against Contractor and its sureties for said default or breach. E) WAIVER OF REMEDIES FOR ANY BREACH. In the event DART waives any default or breach of this Contract by Contractor, such waiver by DART shall not limit DART’s remedies for any subsequent default or breach of this Contract by Contractor. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 28 11. DISPUTE RESOLUTION A) DISPUTES. Disputes arising in the performance of this Contract which are not resolved by concurrence of the parties shall be decided in writing by an authorized representative of DART. Such decision shall be final and conclusive unless within ten (10) days from the date of receipt by Contractor, Contractor mails or otherwise furnishes a written appeal to DART. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. An appeal tribunal will be established by DART for the hearing and the decision of such appeal tribunal shall be binding upon the parties. B) PERFORMANCE DURING DISPUTE. Unless otherwise directed by DART, Contractor shall continue performance of its duties and obligations under the Contract Documents while matters in dispute are being resolved. C) CLAIMS FOR DAMAGES. If either party suffers injury or damage to person or property because of any act or omission of the other party or of any of the other party’s employees, representatives, or agents, 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. D) ARBITRATION. Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between DART and Contractor arising out of or relating to the Contract Documents will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction in Polk County, Iowa. E) 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 DART or Contractor shall constitute a waiver of any right or duty afforded under the Contract Documents, 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. 12. NOTICES All notices to be provided pursuant to this Contract shall be made to the addresses listed in the initial paragraph of this Contract, unless otherwise provided below: FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 29 A) Primary point of contact for daily operations regarding the Services pursuant to this Contract is: For DART: For Contractor: Amanda Wanke Marketing Director Des Moines Area Regional Transit Authority 620 Cherry Street Des Moines, IA 50309 Phone: 515-283-8132 Email: [email protected] ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ B) Primary point of contact for legal notices, authority to modify or act under this Contract, and overall Contractor performance is: For DART: Dan Clark Contract Administrator 620 Cherry Street Des Moines, Iowa 50309 Phone: (515) 283-5034 E-mail: [email protected] For Contractor: ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ C) DART and Contractor may change its staff designations upon written notice to the other party. The designated DART staff member shall not have the authority to modify the Contract Documents except in accordance with the terms of the Contract Documents and applicable laws, rules and regulations. Notwithstanding anything herein to the contrary, no change, modification or amendment shall be valid or binding upon DART if the staff member executing such instrument has acted without proper authority. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 30 13. INDEMNIFICATION A) INDEMNIFICATION AND HOLD HARMLESS. Contractor agrees to fully defend, indemnify and hold harmless DART, FTA and their respective directors, commissioners, members, officers, employees, and agents and their respective successors and assigns from any and all claims, demands, causes of action, suits, proceedings, damages, losses, and expenses (including attorneys’ fees) of any nature, character, or description arising out of or related to: 1) The breach or alleged breach of this Contract, or the failure or alleged failure to perform this Contract, by Contractor 2) The failure or alleged failure by Contractor to comply with any applicable law, rule or regulation 3) Any negligent act, omission, misconduct, or fault of Contractor, or any alleged negligent act, omission, misconduct or fault of Contractor 4) Contractor’s infringement or alleged infringement of any patent, copyright, trademark, service mark, trade dress, trade secret or other proprietary right of a third party 5) Any claim by a governmental agency based upon nonpayment of taxes in connection with the Services provided by Contractor under the Contract Documents 6) Any stop notices and/or liens filed in connection with the Project provided that DART is not in default in payments owing to Contractor with respect to the Project 7) Any release of hazardous materials brought into the workplace by Contractor or negligent removal or handling of any hazardous materials by Contractor 8) Any claim by a subcontractor relating to disruption, delay or loss caused by Contractor’s interference with timely completion of the Project or failure of Contractor to cooperate with subcontractors B) SEVERABILITY. The obligations contained in this section shall survive termination of this Contract and shall not be limited by the amount of insurance required to obtain or maintained under this Contract. Subject to the limitations set forth in this section, Contractor shall assume control of the defense of any claim asserted by a third party against DART or FTA and, in connection with such defenses, shall appoint lead counsel at Contractor’s expense. DART shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If Contractor assumes control of the defense of any third party claim in accordance with this section, Contractor shall obtain the prior written consent of DART before entering into any settlement of such claim. Notwithstanding anything to the contrary in this section, Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by DART and all expenses including experts’ fees. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 31 furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. 14. ATTORNEY FEES In the event of any legal action, including arbitration proceedings, seeking enforcement of this Contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees and the costs of such proceedings from the other party, including without limitation fees and costs associated with any trial, appellate or bankruptcy proceeding. 15. WAIVER OF JURY TRIAL Each party hereby agrees not to elect a trial by jury of any issue tri-able of right by jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to the contract documents, or any claim, counterclaim or other action arising in connection therewith. This waiver of right to trial by jury is given knowingly and voluntarily by each party, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. 16. ASSIGNMENT The terms and provisions of the Contract documents shall be binding upon DART and the Contractor and their respective partners, successors, heirs, executors, administrators, assigns and legal representatives. The rights and obligations of the Contractor under the Contract may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way without DART’s prior written consent. The Contractor may subcontract a portion of its obligations to other firms or parties but only after having first obtained the written approval by DART of the subcontractor. DART may assign its rights and obligations under the Contract to any successor to the rights and functions of DART or to any governmental agency to the extent required by applicable laws or governmental regulations or to the extent DART deems necessary or advisable under the circumstances. 17. EXCESS REPROCUREMENT LIABILITY Contractor shall be liable for all expenses incurred by DART in re-procuring elsewhere the same or similar materials or services offered by Contractor hereunder, should Contractor fail to perform. Such reprocurement expense obligation by Contractor shall be limited to the excess over the price specified herein of such items or services. 18. COVENANT AGAINST GRATUITIES The Contractor warrants that he or she has not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any official or employee of DART with a view toward securing favorable treatment in the awarding, amending, or evaluating performance of Contract. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 32 19. CIVIL RIGHTS REQUIREMENTS A) NONDISCRIMINATION. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. B) EQUAL EMPLOYMENT OPPORTUNITY. The following equal employment opportunity requirements apply to the underlying contract: 1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 33 C) INCLUSION OF NONDISCRIMINATION CLAUSES IN SUBCONTRACTOR AGREEMENTS. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 20. REPORTS AND RECORD RETENTION A) REPORTS. Contractor agrees to provide to FTA those reports required by the United States Department of Transportation’s grant management rules and any other reports the federal government may require. B) RECORD RETENTION. Contractor agrees that, during the course of the Project and for three years thereafter, it will maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the federal government may require for the Project. C) SUBCONTRACTOR REPORT. Contractor shall submit a monthly subcontractor report to DART: Elaine German Accounting Department 620 Cherry Street Des Moines, IA 50309 Phone: (515)283-8133 Email: [email protected] Such subcontractor report shall be submitted on the 1st day of each month and shall contain the following data for the reporting period: A listing of all subcontracts awarded during the reporting period; Name of the subcontractors; Amount of each subcontract; Description of work or product to be provided or performed under each subcontract; and Indication of whether subcontractor is a Disadvantaged Business Enterprise. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 34 21 CONTRACTOR’S LIABILITY INSURANCE Contractor shall maintain such insurance as will protect it from claims under Workers' Compensation and other employee benefit laws; from claims for damages because of bodily injury, including death, to its employees and all others and from claims for damages to property; any or all of which may arise out of or result from Contractor's operations and activities under the Contract Documents, or from any subcontractor or anyone directly or indirectly employed by Contractor. DART shall be named as an additional insured on such insurance policies. All policies shall contain an endorsement that written notice shall be given to DART prior to termination, cancellation or reduction in coverage in the policy. Certificates of such insurance shall be filed with DART prior to the commencement of this Contract. A) Worker's compensation insurance shall be in the amount and coverage required by the State of Iowa to protect against claims under the Worker's Compensation laws and other employee benefit laws. B) General comprehensive liability insurance, including bodily injury and death and property damage insurance, shall be in the minimum amount of Two Million Dollars ($2,000,000) per occurrence. C) Automobile liability and garage keeper’s liability insurance, including bodily injury and property damage, shall be in the minimum amount of One Million Dollars ($1,000,000) per occurrence. 22. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Des Moines Area Regional Transit Authority and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Des Moines Area Regional Transit Authority, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 23. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or a member of DART’s governing body, shall be admitted to any share or part of this contract or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 35 24. ACCESS FOR INDIVIDUALS WITH DISABILITIES Contractor agrees to comply with, and assure that any sub-recipient, or third party Contractor under this Project complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq. and 49 U.S.C. § 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app § 1612; and the following regulations and any amendments thereto: A) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR, Part 37; B) U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or benefiting from Federal Financial Assistance,” 49 CFR, Part 27; C) U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 49 CFR, Part 38; D) Department of Justice (DOJ) regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR, Part 35; E) DOT regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part 36; F) General Services Administration regulations, “Construction and Alteration of Public Buildings,” “Accommodations for the Physically Handicapped,” 41 CFR, Part 101-19; G) Equal Employment Opportunity Commission (EEOC) “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act.” 29 CFR, Part 1630; H) Federal Communications Commission regulations, “Telecommunications Relay Services and Related DART Premises Equipment for the Hearing and Speech Disabled,” 47 CFR, Part 64, Subpart F; and FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR, Part 609. I) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR, Part 609. 25. ENERGY CONSERVATION The Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable State energy conservation plans issued in compliance with the Energy Policy And Conservation Act, 42 USC §§ 6321 et seq. 26. FALSE OR FRAUDULENT STATEMENTS AND CLAIMS The contractor acknowledges and agrees as follows: A) COMPLIANCE WITH PROGRAM CIVIL REMEDIES ACT AND PROGRAM FRAUD CIVIL REMEDIES. The contractor recognizes that the requirements of the Program Civil Remedies Act of 1986, as amended, 31 U.S.C. subsection 3801 et seq. and U.S. Department of Transportation regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its activities in connection with the project. Accordingly, by signing the contract, the contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make pertaining to the contract. In addition to other penalties that may apply, the contractor also acknowledges that if it makes a false, fictitious or fraudulent claim, statement, submission, or certification, the federal government reserves the right FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 36 to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the contractor to the extent the federal government deems appropriate. B) USE OF FALSE, FICTIITIOUS, OR FRAUDULENT CLAIMS. The contractor also acknowledges that if it makes a false, fictitious or fraudulent claim, statement, submission, or certification to the federal government in connection with an urbanized area formula project financed with federal assistance authorized by 49 U.S.C. section 5307, the government reserves the right to impose on the contractor the penalties of 18 U.S.C. section 1001 and 49 U.S.C. section 5307 (n) (1). 27. DEBARMENT AND SUSPENSION A) COMPLIANCE WITH REGULATIONS. The Contractor agrees to comply with U. S. Department of Transportation regulations, "Government Debarment and Suspension (Non-procurement)", 49 CFR Part 29, and otherwise comply with the requirements of those regulations. This includes the requirement of the contractor to submit the Certification Of Primary Contractor Regarding Debarment, Suspension, And Other Responsibility Matter for all projects when the total aggregate value of the Contract exceeds $100,000 and to submit a Certification Of Lower Tier Participation Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusions for each subcontractor which will have a financial interest in this Project which exceeds $25,000 or will have a critical influence on or a substantive control over the Project. B) NOTICES OF COMPLAINCE. During the term of the Contract the Contractor agrees to immediately notify DART of 1) any potential subcontractor that is subject to this provision and to submit the appropriate certification prior to award of a subcontract, 2) any information that its certification or certification of its subcontractors was erroneous when submitted, 3) any information that certifications have become erroneous by reason of changed circumstances. C) SUBCONTRACTOR CERTIFICATION. The Contractor shall submit with each request for payment a list of all subcontractors to this contract which have a financial interest in this Project which exceeds $25,000 or have had a critical influence on or substantive control over the Project and submit evidence that the appropriate certificate has been submitted and that they remain valid. D) CERTIFICATION REQUIRED PRIOR TO PAYMENT. DART will not make payment to the Contractor or a subcontractor that 1) does not comply with these contract provisions, or, 2) is not in compliance with the above-cited federal requirements. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 37 28. DBE PARTICIPATION, PAYMENT AND REPORTING REQUIREMENTS A) DISCRIMINTATION PROHIBITED. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as DART deems appropriate. B) AWARD TO CERTIFIED DBE SUBCONTRACTORS BY PRIME CONTRACTOR. A minimum of five (5) percent of the total contract price, as awarded, may be awarded to certified DBE's by the Contractor. C) PROMPT PAYMENT. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from DART. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of DART. This clause applies to both DBE and non-DBE subcontractors. 1) Contractor Reporting Requirements. The prime contractor agrees to count only the value of the work actually performed by the DBE firm toward its overall DBE goal. When a DBE performs as a participant in a joint venture, the prime contractor agrees to count the portion of the work of the contract that the DBE performs with its own forces toward its DBE goal only if the DBE is performing a commercially useful function of the contract. The factors listed in 49 CFR Part 26 will be used to determine whether a DBE trucking firm is performing a commercially useful function. The prime contractor understands that expenditures with DBEs for materials or supplies toward DBE goals will be counted according to the factors listed in 49 CFR Part 26. The prime contractor agrees to meet with the DART DBE Liaison Officer for the purpose of verifying contractor reporting requirements prior to the signing of a contract. 2) Legal and Contract Remedies. The prime contractor agrees to report quarterly to the DART DBE Liaison Officer on all payments made to DBE subcontractors. Further, the contractor shall provide all copies of canceled checks made to DBE subcontractors showing proof of actual payment. The prime contractor understands that failure to report quarterly to the DART DBE Liaison Officer may result in the termination of this contract or such other remedy as DART deems appropriate. D) DART MONITORING AND REPORTING. The prime contractor understands that DART will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g. referral to the Department of Justice for criminal prosecution, referral to FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 38 the DOT inspector General, action under suspension and debarment of Program Fraud or Civil Penalties rules) provided in 26.109. The prime contractor understands that DART will consider similar action under their own legal authorities, including responsibility determinations in future contracts. 29. ACCESS TO RECORDS A) ACCESS TO RECORDS AND DOCUMENTS. In accordance with 49 U.S.C. Section 5325(a), the contractor agrees to provide DART, the FTA Administrator, the U.S. Secretary of Transportation, the Comptroller General of the United States, or their duly authorized representatives with access to all books, documents, papers and records of the contractor which are directly pertinent to this contract, for the purposes of making audits, examinations, excerpts and transcriptions. B) RIGHT TO COPY OR REPRODUCE RECORDS AND DOCUMENTS. The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C) RECORDS RETENTION. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until DART, the FTA Administrator, the U.S. Secretary of Transportation, the Comptroller General of the United States, or any of their duly authorized representatives have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D) SUBCONTRACTOR RECORDS. The contractor agrees to include the above clauses in each subcontract financed in whole or in part with federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. E) PROJECT CLOSE OUT. Project close out does not alter these requirements. 30. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between DART and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 39 31. INCORPORATION OF FTA TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, (also see Change 1) are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any DART requests which would cause DART to be in violation of the FTA terms and conditions. DART SHALL NOT INDEMNIFY, HOLD HARMLESS OR DEFEND CONTRACTOR FOR ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, JUDGEMENTS, FINES, SETTLEMENTS OR OTHER AMOUNTS ARISING FROM THIS CONTRACT. DART SHALL NOT PROVIDE INSURANCE FOR CONTRACTOR. CONTRACTOR MUST INCLUDE THE COST OF ANY INSURANCE IT REQUIRES IN ITS PROPOSAL. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 40 ATTACHMENTS ATTACHMENT 1 – Acknowledgement of Addenda ATTACHMENT 2 – Required Proposer Information Form ATTACHMENT 3 – Proposal Pricing Form ATTACHMENT 4 – Non-Collusion Affidavit ATTACHMENT 5 – Certification of Primary Contractor Regarding Debarment, Suspension, and Other Responsibility Matters ATTACHMENT 6 – Certification of Lower-Tier Participants (Subcontractors) Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion ATTACHMENT 7 - Contractor’s Statement On Sub-Contractors ATTACHMENT 8 - DBE Participation Form ATTACHMENT 9 - DBE Good Faith Efforts Documentation Form ATTACHMENT 10 – Certification of Restrictions on Lobbying FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 41 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 1 ACKNOWLEDGEMENT OF ADDENDA The undersigned acknowledges receipt of the following addenda to the Documents. (Give number and date of each) Addendum Number __________ Dated __________ Addendum Number __________ Dated __________ Addendum Number __________ Dated __________ Addendum Number __________ Dated __________ Addendum Number __________ Dated __________ Failure to acknowledge receipt of all addenda may cause the proposal to be considered non‐responsive to this Request for Proposal, which will require rejection of the proposal. ______________________________________ Signature ______________________________________ Title ______________________________________ Date FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 42 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 2 REQUIRED PROPOSER INFORMATION FORM The following information is mandatory; Failure to complete this section may jeopardize your eligibility to be awarded the contract. PLEASE PRINT OR TYPE YOUR INFORMATION. Contractor Name: _____________________________________________ Contractor Street Address: _____________________________________________ Contractor Mailing Address: _____________________________________________ Contractor Contact Person: _____________________________________________ Contractor Telephone #: _____________________________________________ Contractor Fax #: _____________________________________________ Contractor Contact Email: _____________________________________________ Contractor Street Address: _____________________________________________ Age of the Firm (years): _____________________________________________ Annual Gross Receipts ($): _____________________________________________ DUNS Number (Data Universal Numbering System: ____________________________ Is your firm certified by the State of Iowa as a Disadvantaged Business Enterprise? _____________________________________________ ALL FIRMS LISTED IN THE PROPOSAL ARE REQUIRED TO SUBMIT THIS FORM. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 43 DES MOINES AREA REGIONAL TRANSIT AUTHORITY RFP – BUS ADVERTISEMENT PRINTING, INSTALLATION, AND REMOVAL ATTACHMENT 3 PROPOSAL SUBMITTAL FORM Pursuant to the Notice Inviting Sealed Proposals, the undersigned Proposer herewith submits a Proposal on the Proposal form or forms attached hereto and made a part hereof, and binds itself on award by the Des Moines Area Regional Transit Authority under this Proposal to execute a Contract in accordance with its Proposal, the Proposal Documents, and the award. The attached Request for Proposals and Addenda, if any, are made a part of this Proposal and all provisions thereof are accepted, and all representations and warranties required thereby are hereby affirmed. PROPOSAL BELOW INCLUDES ALL APPLICABLE CHARGES, INCLUDING LABOR, INSURANCE, AND ALL OTHER COSTS NECESSARY FOR FURNISHING OF ALL EQUIPMENT AND THE PERFORMANCE OF ALL SERVICES CALLED FOR UNDER THE CONTRACT. PRICES QUOTED SHALL NOT INCLUDE SALES OR USE TAX. APPLICABLE SALES OR USE TAXES SHALL BE ADDED TO THE INVOICE. PROPOSERS MUST COMPLETE SECTIONS I AND II. THE PROPOSAL FORM MUST BE SIGNED (PRICING PROPOSAL FORM PAGE 8). PROPOSALS SUBMITTED IN ANY OTHER FORM WILL BE CONSIDERED NON-RESPONSIVE AND MAY BE REJECTED. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 44 SECTION I. In accordance with Section 3.2 of this RFP, there are 4 criteria which DART will use to evaluate all submissions. Submittals will follow the guidelines below: A. Familiarity, experience, and past performance: Describe your firm’s familiarity with the sales, production, installation, and removal of transit advertising. Please provide a general statement about your firm’s qualification with includes a summary of your firm’s technical qualifications and work experience which are relevant to the scope of this project. Include the background and work experience of all key personnel who will be assigned to work on this project. Project Manager Name: Title: Education or Experience: Years with Firm: Duties: Other Personnel: (add as needed) Name: Title: Education or Experience: Years with Firm: Duties: B. Ability to provide the required service. Please provide specific information that demonstrates your firm’s ability to meet the varied advertising sales, production, installation, and removal requirements. List 5 transit agencies for which you currently or have in the past performed such services: Transit Agency Beginning Date End Date FY16-R-012 Transit Advertising Sales, Production, Installation and Removal Sales (Yes or No) Production (Yes or No) Installation (Yes or No) Removal (Yes or No) 45 C. Service Delivery Plan: Please provide a Service Delivery plan which outlines your firm’s strategies for maximizing DART’s transit advertising revenues. At a minimum, provide projected sales by quarter for each year of the Contract Term. Describe how you plan to reach that sales goal and give the names and or titles of the key personnel responsible for generating the sales. Provide the name of the person in charge of your advertisement production. List the various types of advertisements your firm is experience with selling and installing on transit vehicle and transit bus shelters. Describe the methods your staff will use to produce and deliver advertising products for installation on DART vehicles and bus shelters. Provide the name of the person in charge of your installation and removal team. Describe the methods they will use to install advertisements on DART vehicles and shelters. Describe the methods your firm will use to track when advertising should be removed. Describe the methods used to remove advertising from transit vehicles and shelters. D. Revenue: YEAR 1 2 3 4 5 GMP FY16-R-012 Transit Advertising Sales, Production, Installation and Removal Revenue Share 46 SECTION II. Name Under Which Business is Conducted: _______ Business Address: Telephone No.: Facsimile No: [ ] Check here if entity is a Disadvantaged Business Enterprise (DBE) and include a copy of the firm’s DBE Certification with Proposal. MANDATORY SIGNATURE(S) IF SOLE OWNER, sign here: I sign as sole owner of the business named above: IF PARTNERSHIP, one or more partners sign here: The undersigned certify that we are partners in the business named above and that we sign this contract proposal with full authority so to do: IF CORPORATION, sign here: The undersigned certify that they sign this contract proposal with full and proper authorization so to do: Corporate Name: By: Title: *By: Title: Incorporated under the laws of the State *Two corporate officers must sign on behalf of the corporation as follows: (1) Chairman of the Board, President, or Vice President; and (2) Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Financial Officer. In the alternative, this Proposal may be executed by a single officer or a person other than an officer provided that evidence satisfactory to DART is provided, demonstrating that such individual is authorized to bind the corporation (e.g., a copy of a certified resolution from the corporation’s board or a copy of the corporation’s by- laws). IF JOINT VENTURE, officers of each participating firm sign here: The undersigned certify that they sign this contract proposal with full and proper authorization so to do: Joint Venture Name Composed of: ______ By: Title: By: Title: FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 47 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 4 NON-COLLUSION AFFIDAVIT STATE OF ________________________________ COUNTY OF ______________________________ _________________________________________, being first duly sworn, on Name his/her oath says he is ___________________________________ of ___________________________ Title Name of Firm and not a sham or collusive proposal, or made in the interest of or on behalf of any collusive proposal, or made in the interest of or on behalf of any person not herein named; and he/she further states that said proposer has not directly or indirectly induced or solicited any other proposer for this work to put in a sham proposal, or any other person or corporation to refrain from proposing; and that said proposer has not in any matter sought by collusion to secure to self-advantage over any other proposer or proposers. (SIGN HERE): ___________________________________ County ____________________________ In and for the State of ________________________________ Subscribed and Sworn to before me this ___ day of ________________, 20____ __________________________________________ Notary Public My Commission Expires: _____________________ FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 48 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 5 CERTIFICATION OF CONTRACTOR REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The undersigned, an authorized official of the Proposer stated below, 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 these offenses enumerated in paragraph (2) of this certification; and 4. Have not within a three-year period preceding this proposal had one or more public transactions (federal, state, or local) terminated for cause or default. (If the undersigned is unable to certify to any of the statements in this certification, such official shall attach an explanation to this proposal). THE UNDERSIGNED 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. Name of Proposer Address City, State, Zip Signature of Authorized Official Title of Official Telephone Date _________________________________ Notary Public Name (Printed) _________________________________ Notary Public Signature County of ___________________________ Expiration Date FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 49 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 6 CERTIFICATION OF LOWER‐TIER PARTICIPANTS (SUBCONTRACTORS) REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION The Undersigned Lower Tier Participant (Subcontractor to the Primary Contractor), certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. If the above named Lower Tier Participant (Subcontractor) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. The Undersigned Lower‐Tier Participant (Subcontractor), 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. Name of Proposer Address City, State, Zip Signature of Authorized Official Title of Official Telephone Date _________________________________ Notary Public Name (Printed) _________________________________ Notary Public Signature County of ___________________________ Expiration Date NOTICE TO PROPOSER: THIS CERTIFICATION SHALL BE COMPLETED BY ALL SUBCONTRACTORS WHICH WILL HAVE A FINANCIAL INTEREST IN THIS PROJECT WHICH EXCEEDS $25,000 OR SUBCONTRACTORS WHICH WILL HAVE A CRITICAL INFLUENCE ON OR A SUBSTANTIVE CONTROL OVER THE PROJECT. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 50 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 7 CONTRACTOR’S STATEMENT ON SUB-CONTRACTORS 1. There are NO sub-Contractors associated with this proposal. Authorized Signee: Printed Name: Title: Date: For (Company): OR 2. Listed below are sub-Contractors associated with this proposal. Additional sheets are attached as required. I _____________________________have also attached appropriate Disadvantage Business Certifications. Name of Company: Address: Contact Person: Telephone #: E-mail: Name of Company: Address: Contact Person: Telephone #: E-mail: FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 51 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 8 DBE PARTICIPATION FORM DART has set a goal of 5% for this project. Proposer must check the appropriate box, provide the information requested, sign and submit this form with its proposal. Failure to complete and submit this form may result in rejection of the proposal as non-responsive. [ ] Proposer will meet the DBE goal for this contract. Proposer is certified according to requirements of DOT 49 CFR Part 26 as a DBE eligible for participation in DOT assisted contracts, and will be performing _____ percent (_____ %) of the contract work. [ ] Proposer will meet the DBE goal for this contract. If awarded this contract, proposer will subcontract with the DBE(s) listed below which will be performing a total of _____ percent (_____%) of the total dollar amount of contract work. Each DBE listed below is certified according to requirements of DOT 49 CFR Part 26 for participation in DOT assisted contracts. DBE Name and Address Description of Work Percent of Dollar Amount of Total Contract Work (Attach additional sheets) [ ] Proposer does not meet the DBE goal for this contract. Proposer certifies that it has made good faith efforts in accordance with the Request for Proposal to meet the DBE goal, but, despite those efforts, has been unable to meet the goal. The Good Faith Efforts Documentation Form is attached to this Participation Form. Date: Name: Signature: Title: FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 52 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 9 DBE GOOD FAITH EFFORTS DOCUMENTATION FORM DART ANNUAL DBE GOAL: 0.53% If proposer has indicated on the DBE Participation Form that it does not meet the DBE goal, proposer must submit this form with its DBE Participation Form as documentation of its good faith efforts to meet the goal. Failure to submit this form with its proposer may render this proposal non-responsive. DART may require that proposer provide additional substantiation of good faith efforts. Date: Area of Expertise: Name: Company Name: Response: Date: Area of Expertise: Name: Company Name: Response: Date: Area of Expertise: Name: Company Name: Response: FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 53 DES MOINES AREA REGIONAL TRANSIT AUTHORITY ATTACHMENT 10 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Undersigned Hereby Certifies on Behalf of ______________________ 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 subawards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-contractors 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. Executed this _____ day of _________________, 20____ Name of Proposer _____________________________ Address _____________________________ City, State, Zip _____________________________ Telephone _____________________________ Signature of Authorized Official: _____________________________ Title of Official: _____________________________ FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 54 Exhibit A DART Vehicle Inventory Series 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-7.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2010-ORION-07.501-40FT LF 2011-ORION-7.501-40FT LF 2011-ORION-7.501-40FT LF 2012-ORION-7.501-40FT LF 2012-ORION-7.501-40FT LF 2012-ORION-7.501-40FT LF 2012-ORION-7.501-40FT LF 2012-ORION-7.501-40FT LF 2010-ORION-07.501 B/A-40FT LF 2013-NEW FLYER-XDE40-40FT LF 2013-NEW FLYER-XDE40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2014-NEW FLYER-XD40-40FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-NEW FLYER-D60LF-60FT LF 2000-GILLIG-G18D102N4-40FT LF 2000-GILLIG-G18D102N4-40FT LF Vehicle Number 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1411 1412 1413 1414 1415 1416 1501 1502 1503 1504 1505 1506 20379 20380 Fixed Route Buses Vehicle Number Series 2000-GILLIG-G18D102N4-40FT LF 20381 2000-GILLIG-G18D102N4-40FT LF 20382 2000-GILLIG-G18D102N4-40FT LF 20383 2000-GILLIG-G18D102N4-40FT LF 20385 2000-GILLIG-G18D102N4-40FT LF 20386 2000-GILLIG-G18D102N4-40FT LF 20387 2000-GILLIG-G18D102N4-40FT LF 20388 2000-GILLIG-G18D102N4-40FT LF 20389 2000-NEW FLYER-D60HF-60FT HF 20503 2001-GILLIG-G18D102N4-40FT LF 21390 2001-GILLIG-G18D102N4-40FT LF 21391 2001-GILLIG-G18D102N4-40FT LF 21392 2001-GILLIG-G18D102N4-40FT LF 21393 2001-GILLIG-G18D102N4-40FT LF 21394 2001-GILLIG-G18D102N4-40FT LF 21395 2001-GILLIG-G18D102N4-40FT LF 21396 2001-GILLIG-G18D102N4-40FT LF 21397 2001-GILLIG-G18D102N4-40FT LF 21398 2002-GILLIG-G27D102N4-40FT LF 22402 2002-GILLIG-G27D102N4-40FT LF 22404 2002-GILLIG-G27D102N4-40FT LF 22405 2002-GILLIG-G27D102N4-40FT LF 22406 2002-GILLIG-G27D102N4-40FT LF 22407 2002-GILLIG-G27D102N4-40FT LF 22408 2002-GILLIG-G27D102N4-40FT LF 22409 2002-GILLIG-G27D102N4-40FT LF 22410 2002-GILLIG-G27D102N4-40FT LF 22411 2002-GILLIG-G27D102N4-40FT LF 22412 2002-GILLIG-G27D102N4-40FT LF 22413 2002-GILLIG-G27D102N4-40FT LF 22414 2002-GILLIG-G27D102N4-40FT LF 22415 2003-GILLIG-G27D102N4-40FT LF 23416 2003-GILLIG-G27D102N4-40FT LF 23417 2003-GILLIG-G27D102N4-40FT LF 23418 2003-GILLIG-G27D102N4-40FT LF 23419 2003-GILLIG-G27D102N4-40FT LF 23420 2003-GILLIG-G27D102N4-40FT LF 23421 2003-GILLIG-G27D102N4-40FT LF 23422 2006-ORION-7.501-40FT LF 26429 2006-ORION-7.501-40FT LF 26430 2006-ORION-7.501-40FT LF 26431 2006-ORION-7.501-40FT LF 26432 2006-ORION-7.501-40FT LF 26433 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal Series 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2006-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2008-ORION-7.501-40FT LF 2009-ORION-7.501-40FT LF Total Buses Vehicle Number 26434 26435 26436 26438 26439 26440 26441 26442 26443 26444 26445 28455 28456 28457 28458 28459 28460 28461 29462 105 55 Exhibit A DART Vehicle Inventory Paratransit, On Call, and Flex Route Buses Series 2015-CHAMPION-DEFENDER M2-27 FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27 FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27 FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27 FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-31FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-31FT FREIGHTLINER CUTAWAY 2015-CHAMPION-DEFENDER M2-31FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2016-CHAMPION-DEFENDER M2-27FT FREIGHTLINER CUTAWAY 2005-OPTIMA-OPUS-30FT LOW FLOOR 2010-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2011-ELDORADO AT-AEROTECH-25FT CUTAWAY 2012-GILLIG-G27E102N2-30FT LOW FLOOR 2012-GILLIG-G27E102N2-30FT LOW FLOOR 2012-ELDORADO AT-AEROTECH-25FT CUTAWAY 2012-ELDORADO AT-AEROTECH-25FT CUTAWAY 2012-ELDORADO AT-AEROTECH-25FT CUTAWAY 2012-ELDORADO AT-AEROTECH-25FT CUTAWAY 2012-ELDORADO AT-AEROTECH-25FT CUTAWAY 2009-STAR TRANS-FORD E450-25FT CUTAWAY 2009-STAR TRANS-FORD E450-25FT CUTAWAY 2009-STAR TRANS-FORD E450-25FT CUTAWAY Total RFP - FY16 - 012 Vehicle Number 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 TBD TBD TBD TBD TBD TBD 5505 6610 6811 6911 7011 7111 7211 7311 7411 7511 7612 7712 7812 7912 8012 8112 8212 29466 29467 29468 36 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal Exhibit A 56 Page 1 of 2 Scope: DART Employees and Contractors Responsible Department: Engagement Effective Date: January 5, 2016 Approved By: DART Commission The Des Moines Regional Transit Authority (“DART”) is a regional transit system created under section 28M of the Code of the State of Iowa. DART owns and operates buses, bus shelters, a garage and other properties (collectively referred to as “transit facilities”) in conjunction with its regional transit system. It is in the public interest to make advertising space available on certain designated transit facilities to generate revenue and help fund the operation of the regional transit system. I. PURPOSE 1.01 Nonpublic Forum; Commercial / Proprietary Functions. DART will make space on its transit facilities available for limited types of advertising (“Permitted Advertising”). By allowing limited types of advertising on or within its buses and/or bus shelters, DART does not intend to create a public forum for public discourse or expressive activity, or to provide a forum for all types of advertisements. The display of Permitted Advertising on designated transit facilities is intended only to supplement fare revenue, tax proceeds and other income that fund the regional transit system. 1.02 Certain Excluded Advertising. DART will not accept for display or play through audio on its transit facilities the types of advertising defined in Section 2.01 of these policies and standards (“Excluded Advertising”). By not accepting Excluded Advertising, DART’ intention is to: (a) maintain a professional advertising environment that maximizes advertising revenues and minimizes interference or disruption of the commercial aspects of its regional transit system; (b) maintain and portray an image of neutrality on political matters and other noncommercial issues that may be the subject of public debate and concern; (c) protect passengers, employees and DART transit facilities from harm or damage that can result from some individual’s reactions to political or controversial materials; and (d) avoid any decrease in transit ridership. 1.03 Limits on Permitted Advertising. Placing reasonable limits on Permitted Advertising displayed or played on its transit facilities will enable DART to: (a) avoid subjecting its passengers and other members of the public to material that may discourage them from using regional transit services; (b) maintain an image of professionalism and decorum; FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 57 (c) avoid displaying material that is not suitable for viewing by minors who ride on DART Transit buses or those individuals whose neighborhoods are served by DART Transit bus routes; and (d) maximize revenues by attracting and maintaining the patronage of passengers. II. ADVERTISING POLICIES 2.01 Excluded Advertising. For the purposes of these policies and standards, the advertising described in this Section 2.01 is “Excluded Advertising.” DART will not accept the following Excluded Advertising for display, posting or placement on or within its buses, or other transit facilities: (a) Alcoholic Beverages. DART will not accept audio or display advertisements and images soliciting or promoting the sale or use of alcoholic beverages. (b) Tobacco Products. DART will not accept audio or display advertisements and images soliciting or promoting the sale or use of tobacco products including, but not limited to, cigarettes, cigars, and smokeless tobacco. (c) Advertisements Affecting Image or Operation. DART will not accept audio or display advertisements and images that threaten or adversely affect: the public image of DART; DART’S ability to operate its transit facilities; or DART’S ability to attract and maintain the patronage of passengers. 2.02 Permitted Advertising. Subject to the viewpoint-neutral standards contained in Section 3.01 of these policies and standards, DART will accept “Permitted Advertising” for play, display, or placement on designated DART transit facilities. For the purposes of these policies, “Permitted Advertising” is advertising that: (a) Does not qualify as Excluded Advertising under Section 2.01. (b) Generally relates to the economic interests of the advertiser and its audience. (c) Includes advertising delivered through electronic, audio, and printed media. Advertising defined in Section 3.02 and 3.03 also is Permitted Advertising. 2.03 Prohibitions on Literature or Product Distribution and Leafleting. DART’S purpose in operating a regional transit system is to meet the public’s need for efficient, effective and safe public transportation. DART transit facilities are not intended to be public forums for public discourse or expressive activity. Literature or product distributions, leafleting and similar activities can disrupt or delay passengers who are boarding and exiting buses and other transit vehicles, distract passengers, distract bus operators, cause maintenance issues, and otherwise create safety issues for passengers, operators and surrounding traffic. Accordingly, political campaign activities, distribution of political or issues campaign literature, leafleting, and other informational or campaign activities are prohibited within DART transit buses or other transit vehicles and within DART bus shelters. Notwithstanding the policies that allow the play or display of Permitted Advertising on designated DART Transit facilities, nothing in these policies or standards authorizes or permits advertisers to FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 58 distribute literature, leaflets, coupons, products, samples or other items within DART transit buses and shelters. On a limited basis and in conjunction with a “partnering” opportunity approved by DART, DART may allow an advertiser to distribute items on or within DART Transit facilities. Any distribution of literature, leaflets, coupons, products, samples or other items must be preapproved by DART and must comply strictly with terms and conditions established by DART. III. ADVERTISING STANDARDS AND RESTRICTIONS 3.01 Advertising Standards and Restrictions. DART will make available on designated DART transit facilities space for advertisements subject to the viewpoint-neutral restrictions in this Section 3.01 that limit certain forms of paid and unpaid advertising. Advertisements cannot be played, displayed or maintained on DART transit facilities if the advertisement or information contained in the advertisement falls within one or more of the following categories: (a) False, Misleading, Deceptive or Disrespectful Advertising. Advertising or any material or information in the advertising that is false, misleading or deceptive, or that is intended to be (or reasonably could be interpreted as being) disparaging, disreputable or disrespectful to persons, groups, businesses or organizations, including advertising that portrays individuals as inferior, evil or contemptible because of their race, color, creed, sex, pregnancy, age, religion, ancestry, national origin, marital status, disability, including those related to pregnancy or child birth, affectional or sexual orientation, or any other characteristic protected under federal, state or local law. (b) Unauthorized Endorsement. Advertising that implies or declares that DART endorses a product, service, point-of-view, event or program. The prohibition against endorsement does not apply to advertising for a service, event or program for which DART is an official sponsor, co-sponsor or participant, provided DART’S General Manager or other designated representative gives prior written approval regarding the endorsement. (c) Obscene or Offensive Material. Advertising that contains obscene or offensive materials. “Obscene materials” for purposes of this policy are material(s) that display information that, taken as a whole, appeals to the prurient interest in sex and depicts or describes, in a patently offensive manner, sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value, or otherwise qualifies as “obscene material” as that phrase is defined in the Iowa Code section 728.1(5). “Offensive materials” means displays or information that would be offensive to a reasonably prudent person of average sensitivity in the community, including advertising that contains derisive, distorted, immoral, profane or disreputable language or impressions. (d) Unlawful Goods or Services. Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage the use or possession of unlawful or illegal goods or services. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 59 (e) Unlawful Conduct. Advertising or any material or information in the advertising that: depicts, promotes or reasonably appears to encourage unlawful or illegal behavior or conduct, including unlawful behavior of a violent or antisocial nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal; or is likely to subject DART to liability. (f) Adult Entertainment. Advertising that promotes or displays images associated with adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult internet sites and escort services. (g) Graffiti. Advertising that uses images or symbols that depict or represent graffiti. (h) Illegal Firearms and Weapons. Advertising that contains images or depictions of illegal firearms or other weapons, or the unlawful use of firearms or other weapons. (i) Internet Addresses and Telephone Numbers. Advertising that directs viewers to internet addresses or telephone numbers that contain materials, images or information that would violate these advertising standards if the materials, images or information were contained in advertising displayed or posted on DART transit facilities. (j) Distractions and Interference. Advertising that incorporates or displays any rotating, revolving, or flashing devices or other moving parts or any word, phrase, symbol or character, any of which are likely to interfere with, mislead or distract traffic or conflict with any traffic control device or motor vehicle regulation. 3.02 Political, Religious, or “Issues” Advertising. DART has the following disclaimer requirements for the types of advertisements listed below. The disclaimer must be placed on advertisements and be legible 5 ft. from advertisement. (a) Political Candidates. On an advertisement that is authorized and paid for by a candidate or his/her campaign committee, the disclaimer must identify: Who paid for the message. (b) Political Candidate Advertisement Paid by a Different Party. On an advertisement that is authorized by a candidate or his/ her campaign committee, but is paid for by a third party/person the disclaimer notice must: Identify who paid for the communication. Indicate that the candidate authorized the message. (c) Political Advertisement Not For Political Candidate. On an advertisement that is not authorized by a particular candidate or his/her campaign committee, the disclaimer notice must: Identify who paid for the message. State that the advertisement was not authorized by any candidate or candidate's committee. List the permanent address, telephone number or world wide web address of the person who paid for the communication. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 60 (d) Religious Oriented, Political Issue or Other Non‐Commercial Issue Ads. The disclaimer notice must: Identify who paid for the message. List the permanent address, telephone number or web address of the person who paid for the communication. 3.03 Other Permitted Advertising and Public Service Announcements. DART may make advertising space available for advertising proposed by governmental entities, academic institutions or tax-exempt, 501(c)3 nonprofit organizations (examples include: ads focusing on personal health or wellness issues, or ads informing the public about programs, services or events). Non- profit entities must document their IRS tax-exempt status. On a limited basis, DART may make unpaid advertising space available for such permitted advertising or public service announcements. Costs associated with the design, production, installation and removal of public service announcements are the responsibility of the group or organization requesting the public service announcement. The advertising and public service announcements permitted under this section cannot contain displays or messages that qualify as Excluded Advertising under Section 2.01 and must comply with these advertising policies and standards. Unless the source of the advertising or public service announcement is obvious from the content or copy, the advertisement or public service announcement must specifically identify the sponsor of the advertisement or the message. 3.04 Space Availability. DART limits the amount of space on its transit facilities available for advertising and does not represent that it can accommodate all requests for advertising space. Advertising space will be made available only on DART transit facilities designated by DART. No advertising, signs and other types of postings or messages may be played, displayed, posted or placed on any other DART transit facilities. 3.05 Reservation of Rights. DART reserves the right to amend these policies and standards at any time. Subject to any then existing contractual obligations, DART reserves the right to discontinue advertising on DART transit facilities and discontinue accepting advertising for display or posting on DART transit facilities. DART reserves the right to limit the availability of advertising space on its transit facilities and remove advertising that does not comply with these advertising policies and standards and, subject to any contractual obligations. IV. ADVERTISING PROGRAM AND ADMINISTRATION 4.01 Advertising Contractor. DART shall, from time to time, select an “Advertising Contractor” who shall be responsible for the administration of DART’s advertising program, in a manner consistent with this Policy and the terms of its agreement with DART. The advertising program shall include, but not be limited to, promotion, solicitation, sales, accounting, billing, collections, fabrication, posting of advertising displays, and playing of audio advertisements on or in DART facilities including, but not limited to, buses and bus shelters. (a) DART has designated the Chief Engagement and Communications Officer to be the primary contact for the Advertising Contractor. Questions regarding the terms, FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 61 provisions, and requirements of this Policy shall be addressed initially to the Chief Engagement and Communications Officer. (b) The Advertising Contractor shall provide, or shall subcontract for, all employees and equipment necessary to perform the work and provide the services required by DART. (c) The Advertising Contractor shall comply with this Policy and shall review all proposed advertising with reference to the standards set forth herein. The Advertising Contractor shall present all proposed advertising to the Chief Engagement and Communications Officer or his/her designee for approval. The Chief Engagement and Communications Officer shall determine whether the proposed advertising will be accepted. V. APPEAL OF ADVERTISING DECISIONS 5.01 Initial Reviews. DART’s Contractor for advertising sales will make initial decisions about accepting or rejecting proposed advertising. The decisions will be based on these policies and standards. DART’s Contractor will work with advertisers to resolve issues about advertisements that do not comply with these policies and procedures. Resolution may include modification of the art, copy, or both. 5.02 Appeals to Advertising Review Committee. An advertiser may appeal a decision to reject or remove an advertisement by filing a written request with the Advertising Review Committee within ten (10) business days after the rejection or removal decision. The advertiser’s request must state why the advertiser disagrees with the decision in light of DART’s advertising policies and standards. The Advertising Review Committee consists of the following DART personnel: the Chief Engagement and Communications Officer, Chief Operations Officer, and Chairperson of the DART Transit Riders Advisory Committee (TRAC). The Advertising Review Committee may consult with DART’S legal counsel. The Advertising Review Committee will review the basis for the rejected or removed advertisement and will consider the advertiser’s reasons for filing the request. The Advertising Review Committee will make a decision on the request and will notify the advertiser of its decision in writing within fifteen (15) business days of receipt of the advertiser’s request. 5.03 Further Review by General Manager. An advertiser who disagrees with a decision of the Advertising Review Committee may request DART’S General Manager to review the committee’s decision. The advertiser’s written request for further review must be received within five (5) business days after receipt of the Advertising Review Committee’s adverse decision. The General Manager may accept, reject or modify the Advertising Review Committee’s decision and will notify the advertiser of the General Manager’s decision within five (5) business days after the General Manager receives the advertiser’s request for further review. The General Manger’s decision is final. FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 62 Exhibit C Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Annual Advertising Revenues $ $ $ $ $ $ $ $ $ $ $ Revenue 236,243.00 219,367.00 213,725.00 246,110.00 196,202.00 158,978.00 208,453.00 224,178.00 147,828.74 118,363.40 116,872.03 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 63 Exhibit C 2014 Transit Advertising Detail Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 ADVERTISING-CLIENT B-Bops- Laurenzo Jones $ 1,877.65 $ 1,877.65 $ 1,877.65 $ 1,877.65 $ 1,877.65 Mid-Iowa Credit Counseling- Vision Media Services $ 695.00 $ 695.00 $ 695.00 $ 695.00 $ 695.00 EZ Money Check Cashing- Media One $ 1,241.00 $ 1,241.00 $ 1,241.00 $ 1,241.00 $ 1,241.00 Iowa State Fair-Iowa State Fair $ 4,258.60 AA-- Public Information Chair $ 392.00 $ 392.00 $ 245.65 $ 245.65 $ 245.65 $ 1,241.00 $ 1,241.00 $ 1,241.00 $ 1,862.35 $ 1,862.35 $ 1,862.35 $ 1,240.00 $ 1,240.00 American World Adoption- Houck Advertising Lederman Bail Bonds- Houck Advertising $ 1,241.00 $ 1,241.00 $ 1,241.00 Co-Opportunity -Houck Advertising Breakfast in the Classroom -Food Bank of Iowa $ 1,877.65 $ 1,241.00 $ 392.00 Quitline Iowa- American Lung Association Dicks Sporting Goods- Outdoor 24 Broadlawns- Stratecic America $ 870.72 $ 4,611.60 $ 870.72 Des Moines Social Club- DM Social Club Trade Mercy Home Respiratory and Medical Supply-Mercy $ 312.00 $ 312.00 $ 312.00 $ 312.00 $ 312.00 $ 1,877.65 $ 1,877.65 $ $ 245.65 $ 1,241.00 $ 1,862.35 $ 1,240.00 $ $ 245.65 $ 245.65 $ 1,241.00 $ 1,241.00 $ 1,862.35 $ 1,862.35 984.60 $ 984.60 $ $ 870.72 $ $ 480.00 $ 870.72 $ 870.72 $ 1,630.00 $ 1,630.00 $ 2,310.60 $ 480.00 $ 312.00 Lite 104.1 Holiday-Des Moines Radio Group Trade $ 6,865.00 AT&T-OutSelling, Inc. $ 2,310.60 Octapharma Plasma-Octapharma Plasma Godfather's Pizza Shelter-Godfather's Pizza $ Lakeside Casino-Flynn Wright 168.00 $ $753.94 1,877.65 $ 1,877.65 $ 1,877.65 $ 1,877.65 $ 1,241.00 $ 1,241.00 $ 692.75 984.60 $ 984.60 $ 984.60 870.72 $ 870.72 $ 870.71 $ 305.15 168.00 $ 168.00 $ 168.00 $ $753.94 $753.94 Marketing Link Recruitment - MarketLink Inc. $ 428.00 $ 428.00 ISED Affordable Care Act- Social Wise Media Group $ 1,148.35 $ 1,148.35 Iowa Speedway- Iowa Speedway $ 1,129.00 $ 1,129.00 $ 1,129.00 Iowa National Guard- CACI Integrated Communications $ 692.50 $ 692.50 $ 692.50 Merle Hay Mall- 10 KINGS (need contract from Kirstin) $ 1,630.00 $ 1,630.00 $ 1,630.00 Mc Frank & Williams Adverting - DSM International Airport $ 511.70 DMACC- DMACC YouthBuild $ 428.00 $ 168.00 $753.94 $753.94 $1,129.00 $1,129.00 692.50 $1,630.00 $1,630.00 $428.00 CatchDesMoines-CVB $3,700.00 University of Wisconsin-Platteville- U of W Plateville $1,132.00 DMOTC-DMOTC Training Club $ $ 392.00 Yankee Doodle Pops- 15 Tails(need contract from Kirstin) $ 1,800.00 Polk County Services-Polk County Crisis & Advocacy Services $ 5,481.00 Sprint-Trilex $ 1,666.00 $ 17,027.49 $ 10,017.25 $ 5,758.65 $ 5,366.65 $ 8,345.37 $ 14,196.97 $ 20,087.97 $ 12,742.57 $ 13,511.76 $ 13,971.46 $ 13,475.41 $ 392.00 9,739.40 FIXED ROUTE TOTALS Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 PARATRANSIT $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - PARATRANSIT TOTALS MONTHLY TOTAL YEAR-TO-DATE TOTAL $ 10,017.25 $ 5,758.65 $ 15,775.90 $ 5,366.65 $ 21,142.55 8,345.37 $ 14,196.97 $ 20,087.97 $ 12,742.57 $ 13,511.76 $ $ 29,487.92 $ $ 43,684.89 $ 63,772.86 $ 76,515.43 $ 90,027.19 $ 103,998.65 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal 13,971.46 $ 13,475.41 $ 117,474.06 $ 9,739.40 $ 127,213.46 $ 17,027.49 $ 144,240.95 64 Exhibit C 2015 Transit Advertising Detail ADVERTISING-CLIENT B-Bops- Laurenzo Jones Godfather's Pizza Shelter-Godfather's Pizza Lakeside Casino D- Line-Flynn Wright Iowa State Fair-Iowa State Fair F'Real- Billups Worldwide Merle Hay Mall- 10 KINGS (thru July) University of Wisconsin-Platteville- U of W Plateville Broadlawns- Stratecic America Broadlawns Fair ads- Stratecic America Interiors contract- Kuster LTD Shelter contract- Kuster LTD Lederman Bail Bonds- Houck Advertising Alcoholics Anonymous- AA Lakeside Casino Interiors-Flynn Wright Lakeside Casino Shelter Ads-Matrix Media Bailing Out Benji-Mindi Callison Simpson College-Simpson College PetSnip-Animal Rescue League of Iowa Midwest Mattress-Trio Marketing and Advertising Jimmy Johns-Kelly Scott Madison Media iDERC at Mercy- Iowa Diabetes & Endocrinology Center Alzheimer's Assoc WALK- Alzheimer's Association Iowa HomeGoods- Ooha Wilkins Media DMACC YouthBuild- Des Moines Community College Housing Text Survey- Polk County Housing Trust Fund Aetna- Kinetic New York United Way of Central Iowa- United Way DMACC Opportunity Iowa- Des Moines Community College CatchDes Moines-CVB Trade $1390 Duck Derby- YESS Trade State Farm- Billups Worldwide E Grand Hubbell shelter State Farm- Billups Worldwide Southridge MediaCanDo-American University Octapharma Plasma-Octapharma Plasma Century Link-Houck Advertising NAMI Greater Des Moines-Depression Ads Alzheimer's Awareness-Alzheimer's Association Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 $ 1,877.65 $ 168.00 $753.94 $ 4,365.60 $ 3,258.00 $ 1,630.00 $ 1,132.00 $ 305.15 $ 1,877.65 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 168.00 $753.94 $ 1,877.65 $ 130.05 $753.94 $ 1,132.00 $ 305.15 $ 955.40 $ 363.80 $ 643.45 $ 692.75 $ 409.00 $ 311.10 $ 610.30 $ 163.00 $ 1,132.00 $ 305.15 $ 1,132.00 $ 305.15 $ 1,132.00 $ 984.00 $ 984.00 $ $ 643.45 692.75 $ 692.75 $ 692.75 $ $ 692.75 409.00 $ 692.75 $ $ $ $ 311.10 610.30 163.00 $ 163.00 $ 163.00 $ 163.00 $ 163.00 $ 354.00 $ 1,183.20 $ 354.00 $ 363.80 $ 692.75 $ 409.00 $ 311.10 $ 610.30 $ 163.00 $ 1,820.00 $ 354.00 $753.94 $ $ 950.00 798.00 $ 1,972.00 $ 990.00 $984.00 Apr-15 $ $ May-15 1,877.65 130.05 $753.94 $ $ 1,877.65 130.05 $753.94 $ $ $984.00 1,877.65 130.05 $753.94 $ 984.00 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 163.00 $ 163.00 $ 163.00 $ 163.00 $ 163.00 $ 354.00 $ 354.00 $ 354.00 $ 1,751.00 $ 1,751.00 $ 1,751.00 $ $ 4,170.00 3,480.00 $ $ $ 169.15 130.05 1,252.05 $ $ 169.15 130.05 $ $ 311.10 326.00 $ $ 322.00 311.10 $ 1,630.00 $ 7,163.69 $ 1,972.00 $984.00 Jun-15 $984.00 $ 8,085.20 $ $ 428.00 139.00 $ 428.00 $ 5,448.50 $ 7,627.00 $ 289.00 $ $ 289.00 392.00 $ $ 289.00 392.00 $ 18,214.29 $ 11,502.74 $ 9,973.34 $ 15,149.69 $ 5,354.34 $ 10,924.84 $ 12,555.34 $ 5,674.34 $ 7,387.39 $ 14,356.39 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 $ 8,540.74 FIXED ROUTE TOTALS May-15 Jun-15 PARATRANSIT $ PARATRANSIT TOTALS MONTHLY TOTAL YEAR-TO-DATE TOTAL - $ 18,214.29 $ - $ 11,502.74 $ 29,717.03 $ - $ 9,973.34 $ 39,690.37 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal $ - $ 15,149.69 $ 54,840.06 $ - $ 5,354.34 $ 60,194.40 $ - $ 10,924.84 $ 71,119.24 $ - $ 12,555.34 $ 83,674.58 $ - $ 5,674.34 $ 89,348.92 $ - $ 7,387.39 $ 96,736.31 $ - $ 14,356.39 $ 111,092.70 $ - $ $ 8,540.74 $ 119,633.44 65 - $ 7,163.69 $ 126,797.13 Exhibit C 2016 Advertising Detail ADVERTISING -CLIENT B-Bops- Laurenzo Jones Bailing Out Benji-Mindi Callison Lakeside Casino D- Line-Flynn Wright University of Wisconsin-Platteville- U of W Plateville Godfather's Pizza Shelter-Godfather's Pizza Lederman Bail Bonds- Houck Advertising Iowa State Fair-Iowa State Fair State Farm- Billups Worldwide Southridge State Farm- Billups Worldwide E Grand Hubbell shelter Octapharma Plasma-Octapharma Plasma Iowa Department of Education-Capture Marketing Century Link-Houck Advertising Al-Anon-D7 Al-Anon Harvest Plains Health -Billups Worldwide iWireless -oohawilkins Jimmy Johns-Kelly Scott Madison Media Iowa State Fair Shuttle -Becky Nalevanko's Dance Iowa State Fair Shuttle -Broadlawns Iowa State Fair Shuttle Interiors -Broadlawns Iowa State Fair Shuttle -Simpson College Iowa State Fair Shuttle-Tasty Tacos State Fair Shuttle Older Buses -Prairie Meadows PetSnip Kings-Animal Rescue League of Iowa KPOG102.09-Des Moines Adventist Radio Co. Sears Holdings Hiring -Sears Holdings Iowa Civil Rights Commission-Iowa Civil Rights Commission Kohles & Bach-Kohles & Bach Alzheimer's Awareness-Alzheimer's Association Alorica Hiring ads- Alorica Trinity Structural Tower Hiring- Trintiy Structural Tower Recruitment King Kongs- Iowa National Guard FIXED ROUTE TOTALS Jul-15 Aug-15 Sep-15 Oct-15 $ 1,877.65 $ 163.00 $ 753.94 $ 984.00 $ 130.05 $ 1,877.65 $ 163.00 $ 753.94 $ 984.00 $ 130.05 $ 1,877.65 $ 163.00 $ 753.94 $ 984.00 $ 1,877.65 $ 163.00 $ 753.94 $ 984.00 Nov-15 $ 1,877.65 $ 163.00 $ 753.94 $ 984.00 Dec-15 $ 1,877.65 $ 163.00 $ 753.94 $ $ 163.00 753.94 $ 163.00 $ 163.00 $ 163.00 $ 163.00 $ 163.00 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ 692.75 $ $ $ 160.00 169.15 322.00 $ $ $ 160.00 169.15 322.00 $ $ $ 160.00 169.15 322.00 $ $ 160.00 169.15 $ $ $ $ $ $ 160.00 169.15 322.00 556.00 311.10 289.00 $ 812.60 $ 240.00 $ 3,450.00 $ 160.00 $ 169.15 $ 322.00 Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 $ 2,186.00 $ 289.00 $ 2,186.00 $ 2,186.00 $ 2,186.00 $ 2,186.00 $ 812.60 $ 812.60 $ 1,972.00 $ 812.60 $ 1,751.00 $ 1,972.00 $ 812.60 $ 1,751.00 $ 812.60 $ 1,751.00 $ $ $ $ $ $ $ $ $ $ $ 474.00 1,183.00 364.00 1,820.00 1,183.00 750.00 1,630.00 240.00 522.00 428.00 232.00 $ 240.00 $ 240.00 $ $ $ $ 311.10 366.00 $ 311.10 $ 366.00 $ 6,890.00 $ 366.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 1,630.00 $ 311.10 240.00 240.00 $ 6,768.49 $ 20,123.39 $ 10,302.19 $ 12,761.19 $ 19,651.19 $ 16,062.09 $ 8,499.69 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 $ 1,479.00 $ 1,479.00 $ 1,479.00 $ 1,479.00 $ 14,240.19 $ 51,434.26 $ 21,130.19 $ 16,062.09 $ 8,499.69 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 7,745.75 $ 72,564.45 $ 88,626.54 $ 97,126.23 $ 104,871.98 $ 112,617.73 $ 120,363.48 $ 128,109.23 $ 135,854.98 The current agreement for Transit Advertising Sales was effective November 1, 2015. These reveneues were collected by the Contractor and DART was paid a revenue share. PARATRANSIT Harvest Plains Health -International Media Partners, Inc. PARATRANSIT TOTALS $ - MONTHLY TOTALS YEAR-TO-DATE TOTALS $ 6,768.49 $ - $ 20,123.39 $ 26,891.88 $ - $ 10,302.19 $ 37,194.07 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal $ - $ - Feb-16 $ - Mar-16 $ - Apr-16 $ - May-16 $ Jun-16 - 66 $ - 2017 Advertising Detail Exhibit C ADVERTISING-CLIENT Bailing Out Benji-Mindi Callison Recruitment King Kongs- Iowa National Guard Jul-16 Aug-16 Sep-16 $ 163.00 $ 6,890.00 $ 6,890.00 $ 6,890.00 FIXED ROUTE TOTALS $ 6,890.00 $ 6,890.00 $ 6,890.00 Jul-16 Aug-16 Sep-16 Oct-16 $ - Nov-16 $ Oct-16 - Dec-16 $ Nov-16 - Jan-17 $ Dec-16 Feb-17 - $ Jan-17 - Mar-17 $ Feb-17 - Apr-17 $ Mar-17 - May-17 $ Apr-17 - Jun-17 $ May-17 Jun-17 PARATRANSIT PARATRANSIT TOTALS $ - MONTHLY TOTAL YEAR-TO-DATE TOTAL $ 6,890.00 $ - $ 6,890.00 $ 13,780.00 $ - $ 6,890.00 $ 20,670.00 FY16-R-012 Transit Advertising Sales, Production, Installation and Removal $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 $ - $ $ 20,670.00 67 $ - $ $ 20,670.00