HomeMy WebLinkAboutRFP - P792 ADVERTISING ON EXTERIOR AND INTERIOR OF BUSESREQUEST FOR PROPOSAL
CITY OF FORT COLLINS
ADVERTISING ON EXTERIOR AND INTERIOR OF BUSES
PROPOSAL NO. P792
City of Fort Collins
PROPOSAL DATE: FRIDAY, MAY 11, 2001, 3:00 p.m. (our clock)
SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1ST day of July, 2001, byand between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Outdoor Promotions, Inc., hereinafter referred to as "Contractor'.
WITNESSETH:
WHEREAS, the Contractor submitted to the City's May 112001, Request for Proposal No.
P- 792, regarding sale of advertising space on the exterior and in the interior of Transfort Buses.;
and
WHEREAS, the Contractor has agreed to provide the exterior and interior Transfortbus
advertising services for a term beginning July 1, 2001, through June 30, 2002
subject to reasonable conditions and restrictions upon said advertising as set forth herein; and
WHEREAS, the City wishes to permit the Contractor to place advertising on and in Transfort
buses under the terms of this agreement for the term hereof, subject to such conditions as are
hereinafter specified.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, it is agreed by and between the parties hereto as follows:
1. Term of the Agreement This agreement shall be in effect for one (1) year with the option
for renewal for four (4) consecutive one (1) year period
unless terminated prior to that date by the City by written notice to Contractor at least six (60) days
prior to the expiration of any annual term , or as otherwise hereinafter provided._ Notwithstanding
the foregoing, and, upon mutual agreement of both parties, the Contractor and the City shall have
the option, absent any default in his performance of the obligations hereunder, to renew this
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agreement for five (5) additional one (1) year periods upon written notice from the City at least sixty
(60) days prior to the above termination date or the date of termination of the first extended five year
(5) year term, subject to approval of such extension by the City Council of the City and, provided,
however, that the City may refuse to extend the Agreementifthe Gity in its sole discretion.-"
GhQQses.
1. Scope of Service. The Service Provider agrees to provide the following services to at least
the extent indicated, with such limitations as provided in this Agreement.
a. Contractor agrees to make a =good faith-" effort to sell appropriate
advertising space on the framed advertising areas of the exterior and
interior of Transfort buses or other locations as specified by the City
representative. Throughout the term of the Agreement, advertising must
be sold on no less than eighty-five percent (85%) of all interior
advertising spaces and no less than eighty-five percent (85%) on exterior
advertising spaces on all Transfort buses, excluding advertising spaces
reserved for the City. Contractor shall make are evey� use its best effort;
to market a --combination packages (inside/outside advertising) on
Transfort buses.
b. At all times during the performance of this Contract, Contractor shall
strictly adhere and conform to all applicable federal, state and local laws,
rules, regulations, ordinances and orders that have been or may
hereafter be established.
c. Contractor agrees to be solely and completely responsible forthe
fabrication, maintenance, repairs, and upkeep of all exterior and interior
bus advertising panels to include the placement of all ads on Transfort
buses and for removing outdated ads from buses and to deliver any such
panels to the Transfort facility at 6570 Portner Road at least seven (7)
Transfort working days prior to any contractual placement of advertising on
any Transfort bus.
d. Contractor agrees that all advertising shall be sold at the rates set forthon
the rates sheet attached hereto as Exhibit "A" and incorporated herein by
this reference. Contractor may not charge any rates or fees exceptas
listed in Exhibit "A", attached hereto and incorporated herein by this
reference, unless the City grants to Contractor express written
permission to deviate from such rates.
e. Contractor agrees to bear all costs relating to the arrangement for and
preparation of bus advertising for Transfort buses.
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f. Contractor is not subject to general restrictions regarding the use of color
on advertising panels; provided, however, that the City reserves the right
to review and approve or disapprove all advertising content, copy, design,
and colors to be displayed in Transfort buses based on aesthetic
considerations within the sole discretion of the City.
g. The parties acknowledge that the City's objectives for the advertising program to
be carried out through the performance of the Agreement are to: (1) generate
revenue for the City through the placement of advertising on and in City -owned
buses; (2) maintain a neutral position on political, religious and ideological matters;
and (3) limit advertising to family -oriented products and services appropriate for
citizens of all ages. Because the City's sale of advertising space is for the
purpose of raising revenue, and not for the purpose of establishing a forum for
public speech, the City reserves to itself the sole and advertising that proposes
a legitimate commercial transaction and that will promote healthful, final authority
as to whether proposed advertising is consistent with these objectives. All
advertising in place during the term of this Agreement shall comply with this
provision. Advertising that is determined by the City to be inconsistent with these
objectives shall be removed immediately upon receipt of a written request for
such removal by the Contractor.
h. Contractor must provide to the City representative a copy of his City sales tax
license and comply with all applicable sales and use tax regulations.
i. Contractor shall pay for any and all space used by Contractor for any advertising
purpose, and any such use must conform to all other requirements of the
contract.
Advertising hereunder may not include or constitute the following
i. advertising that primarily conveys a political, religious, ideological or
other non-commercial message;
ii. advertising of alcohol or tobacco products;
iii. advertising that promotes illegal activities or transactions;
iv. advertising that is misleading or deceptive, or that constitutes a public
nuisance;
V. advertising of products or services available to adults only by law;
vi. advertising of any product or service primarily related to sexual or
violent activities or practices, or advertising of any product or service
in a manner that is sexually suggestive or that displays or suggests
violence or is inappropriate for minors; and
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vii. any advertising reasonably determined to be inconsistent with the
above -stated objectives of the advertising program.
viii. advertising that is not in compliance with the City sign code
2. Payment. In consideration of the right to sell advertising on and in Transfort buses,
the Contractor agrees:
a. To remit to the City within ten (10) days after the end of each month throughout the term of
the this Agreement an amount equal to Fifty One percent (51 %) of the gross revenues received by
the Contractor during that period from advertising displayed on Transfort buses, to include an
itemized invoice listing all companies and amounts they are paying. Contractor may adjust its gross
revenues by subtracting fees paid to national account advertising agencies, provided, however, that
no adjustment for any such fee may exceed Fiftateen percent (15%) of the quarterly gross revenues
from the advertising account for which the fee is charged.
b. To pay the City a minimum guaranteed amount for advertising under this Agreement
of no less than Fifty Thousand Dollars ($50,000.), per contract yea t
C. Contractor shall at all time during the term of this Contract maintain such detailed and
accurate books and records as shall sufficiently and properly reflect all direct costs of any nature
on the performance of this Contract, and shall utilize such bookkeeping procedures and practices
as will reflect these costs. All books and records shall be subject, at any reasonable time, to
inspection, audit or copying by City personnel, or such independent auditors or accountants as are
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designated by the City. Contractor shall cooperate in the completion of any audits. Any adjustments
required as a result of such audits, shall take place during the quarter in which the audit is
conducted.
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d. To allow to the City the use of five (5) interior advertising spaces per bus and ten (10)
exterior bus advertising spaces at no cost to the City for the use of such spaces or for production
and material cost, for advertising and public announcements at the City's discretion.
3. Insurance. The Contractor agrees to designate the City as an additional named
insured upon a Commercial general liability insurance policy with not less than Five Hundred
Thousand Dollars ($500,000) combined single limit coverage. Such general liability insurance shall
remain in full force and effect during the term of this Agreement and any renewal thereof. The
Contractor agrees to provide evidence of such liability insurance prior to the placement of any bus
advertising pursuant to this agreement.
4. Conditions of the Agreement. It is further agreed by and between the City and the
Contractor as follows:
a. The Contractor shall neither assign any of the rights nor delegate any of the
duties imposed upon him under the provisions of this Agreement without having first obtained the
written permission of the City.
b. This Agreement may not be enlarged, modified, or altered except in writing
signed by the parties as amended hereto.
C. No waiver of any breach of this Agreement shall be held or construed to be
a waiver of any subsequent breach thereof.
the Contractor.
d. This Agreement shall not constitute an exclusive franchise for the benefit of
e. In entering into this Agreement, Contractor acquires no status, rights, or
benefits of an employee of the City. Furthermore, the Contractor shall be considered as an
independent contractor and the City shall incur no liability due to the operations of the
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Contractor.
5. Indemnification.
To the extent authorized by law, the Contractor shall defend,
Indemnify and hold the City free and harmless from and against any and all liabilities, demands,
claims, damages, suits, judgements and decrees, and Court awards including costs, expenses and
attorneys' fees, on account of injuries to or death of any person or persons or damage to any
property arising out of or related to the Contractor's intentional or negligent acts, errors or omissions
or that of its agents, officers, and employees, subcontractors or assignees, whether contractual or
otherwise, during the performance of this Contract and pursuant to it terms. Nothing in this section
shall be deemed to waive or otherwise limit the defenses available to the City pursuant to the
Colorado Governmental Immunity Act or otherwise provided by law.
6. Notices. Notices permitted or required to be given shall be in writing and shall be
deemed given upon personal delivery or upon deposit in the United States Mail, certified, return
receipt requested, postage fully prepaid, addressed as follows or to such other address as the
parties may designate from time to time by notice given in accordance with this paragraph:
City:
Rick Tensley, CPPB, Buyer
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
7. Early Termination.
Service Provider:
Outdoor Promotions, Inc.
5724 South College Avenue
Fort Collins, Colorado 80525
Attn: Gary Young, President
a. In the event of any unresolved default or recurring defaults within 180 days
of original default by the Contractor under the terms and conditions of this Agreement, the City may
terminate this Agreement within thirty (30) days after written notice setting forth the nature of the
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default is delivered to the Contractor. If this Agreement is terminated as herein provided, all rights
of the Contractor shall become null and void.
b. In the event that the City determines, for any reason whatsoever, to
discontinue the use of City bus system vehicles for paid advertising, the City may terminate this
Agreement by providing written notice to Contractor of such termination no fewer than sixty (60)
days in advance of the date of termination, provided, however, that such event the Contractor shall
be entitled to retain ninety percent (90%) of all revenues generated from advertising sold during the
sixty (60) days just prior to such termination date.
8. Survival. To the extent necessary to carry out all of the terms and provisions
hereof, the said terms, obligations and rights set forth herein, including Paragraph 5 , shall survive
and shall not be affected by the expiration or termination of this Agreement.
9. Contract Documents, Entire Agreement. This writing, together with the exhibits
attached hereto, constitutes the entire agreement between the parties, their officers, employees,
agents and assigns and supersedes all prior agreements, understandings, warranties or promises
between the parties hereto, whether written, spoken or implied from the conduct of the parties
hereto; provided, however, that in the event the terms of such documents conflict, the requirements
of this writing shall supercede any such previous documents.
10. Benefit. This Agreement is made for the sole and exclusive benefit of the parties
and shall insure to the benefit of their respective survivors, heirs, personal representatives,
successors and assigns. It is not made for the benefit of any third party.
11 Severability. In the event any covenant, condition or provision of this Agreement
is held to be invalid by final judgement of any court of competent jurisdiction, the invalidity of such
covenant, condition or provision shall not in any way affect any of the other covenants, conditions
or provisions of this Agreement, provided that the validity of any such covenant, condition or
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provision does not materially prejudice either party in its respective rights and obligations under the
valid covenants, conditions or provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
in duplicate, as of the day and year first herein written.
ATTEST:
City Clerk
Approved as to form:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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TABLE OF CONTENTS
Request for Proposal 1 page
Scope of Work 2 pages
Payment Form 1 page
Proposal Submittals 1 page
Review and Assessment
Reference Evaluation 2 pages
Professional Services Agreement (sample) 8 pages
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
Providing Advertising On Exterior and Interior of Transfort Buses
PROPOSAL NO. P-792
The City of Fort Collins Transfort is requesting proposals from qualified firms to provide the City
with appropriate Advertising on the exterior and interior of designated Transfort buses and other
City vehicles as may be directed by the City representative.
Written proposals, seven (7) copies will be received at the City of Fort Collins' Purchasing Division,
256 West Mountain Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00
p.m. Friday, May 11, 2001. (our clock), Proposal No. P-792.
A copy of the Proposal may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #30792. (The proposal number must be preceded by 30
when using the Fax -line)
2. Download the Proposal from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/CITY_HALL/PURCHASING then via the Current Bids
pushbutton.
3. Come by Purchasing at 256 W. Mountain Ave., Fort Collins, and request a copy
of the Proposal.
Questions regarding proposal submittal or process should be directed to Rick Tensley, CPPB,
Buyer (970) 416-2247.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sin rely,
ames B. O'Nei II, CPPO
Direct r of Purchasing & Risk Management
A
EXHIBIT "A"
SCOPE OF WORK
Introduction:
The City of Fort Collins Transfort is seeking proposals from qualified contractors to sell appropriate
advertising space on the exterior and interior of designated Transfort buses, and other City vehicles
as designated by the City, as well as, maintaining an effective advertising sales operation sufficient
to support the capital and operating expenses of the program in accordance with all current
applicable laws and regulations of the State of Colorado. Contractor shall submit percent of
payment based on a 5 year contract with the option to renew for an additional 5 years. Also
submit a minimum anticipated yearly dollar amount that you will pay Transfort in addition
to your percentage of revenues. Contractor shall not contract for advertising beyond the
limits of the contract with the City.
Contractor must submit proofs of all proposed advertising to the City representative in
advance, for written approval of content, design, size, and colors prior to being displayed
on any interior/exterior of Transfort buses.
The City reserves 5 interior bus spaces and 10 exterior bus spaces for advertising use by the City at
no charge for the production of signs or the installation of signs.
The Contractor will provide the following at its sole cost and expense and without any cost or
expense to the City, materials and services to at least the extent indicated, with such limitations
as provided in the specifications.
Contractor will be solely and completely responsible for the maintenance, repairs, and upkeep of
all exterior and interior advertising panels.
I. GENERAL REQUIREMENTS for ADVERTISING
a. At all times during the performance of this Contract, Contractor shall strictly observe and
conform to all applicable federal, state and local laws, rules, regulations and orders that
have been or may hereafter be established.
b. Contractor shall be solely and completely responsible for the fabrication of bus
advertising panels, both exterior and interior, and to deliver any such panels to the
Transfort facility at 6570 Portner Road at least seven (7) Transfort working days prior
to any contractual placement of advertising on any Transfort bus. There are currently 24
buses that use advertising.
c. Current advertising frame sizes on buses are as follows:
10 7/8" X 24" Inside
2 1 " X 72" Outside
32" X 46" Outside
30" X 88" Outside
30" X 144" Outside
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d. All work will be performed in compliance with all applicable current laws, rules and
regulations and American Disabilities Act (ADA) of the State of Colorado.
e. Contractor shall bear all costs relating to the arrangement for and preparation of bus
advertising for Transfort buses. The Contractor shall be responsible for the placement of
all advertising on Transfort buses and for removing outdated ads from buses.
f. Contractor is not subject to general restrictions regarding the use of color on advertising
panels however, the City reserves the right to review and approve or disapprove all
advertising content, copy, design, and colors to be displayed in Transfort buses based on
aesthetic considerations within the sole discretion of the City.
g. Contractor shall bear all costs relating to the operation of the overall project.
h. Contractor shall be solely and completely responsible for the content of all bus
advertisements and is prohibited from displaying noncommercial advertising, with the
exception of ads placed by Transfort, or the following types of commercial advertising:
1. Advertising that primarily conveys a political, religious, ideological or other non-
commercial message;
2. Advertising of alcohol or tobacco products;
3. Advertising that promotes illegal activities or transactions;
4. Advertising that is misleading or deceptive, or that constitutes a public nuisance;
5. Advertising of products or services available to adults only by law;
6. Advertising of any product or service primarily related to sexual or violent activities
or practices, or advertising of any product or service in a manner that is sexually
suggestive or that displays or suggests violence or is inappropriate for minors; and
7. Any advertising reasonably determined to be inconsistent with the above -stated
objectives of the advertising program.
i. Contractor must provide to the City representative a copy of his City sales tax license and
comply with all applicable sales and use tax regulations.
j. Contractor shall pay for any and all space used by Contractor for any advertising purpose,
and any such use must conform to all other requirements of the contract.
II. COMPENSATION & PAYMENTS
a. Contractor shall propose a compensation plan based on a flat rate for each unsold
advertising space plus a percentage of gross monthly revenues collected from the sale of
advertising. All cost shall be base on a five (5) year contract with an option to renew for
an additional five (5) years. Also submit a minimum anticipated dollar amount you will
pay Transfort in addition to your percentage of revenues.
b. The Contractor shall remit to the City within ten (10) days after the end of each month
a percentage (as stated in a. above) of the gross revenues received by the Contractor
during such month from the advertising displayed on Transfort buses. Contractor may
adjust its gross revenues by subtracting fees paid to national account advertising
agencies, provided, however, that no adjustment for any such fee may exceed ten percent
(10%) of the monthly gross revenue from the advertising account for which the fee is
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IV. PAYMENT FORM
PERCENTAGE OF GROSS REVENUE YOU WILL PAY TRANSFORT
5 YEARS %
10 YEARS
MINIMUM YEARLY ANTICIPATED DOLLAR AMOUNT YOU WILL PAY TRANSFORT
5 YEARS $
10 YEARS $
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V. PROPOSAL SUBMITTALS
a. Attach a brief history of your company: how many years in this type of business, list and
resumes of key personnel that will be involved with this contract.
b. At least three current references that you are providing this type of service to with point
of contact and telephone numbers.
c. What other names your company has operated under.
d. List three (3) similar projects (local or statewide) from last five years. include location,
contact name, telephone number
e. List current similar projects (local or state-wide) under contract include location, contact
name, telephone number
f. List of sub -contractors to be used for this project
g. Submit a certificate of good standing to conduct business in Colorado
h. Additional required information
TYPE OF BUSINESS: CORP INDIVIDUAL PARTNERSHIP
JOINT VENTURE —OTHER STATE of FORMATION
BANK REFERENCES:
ADDRESS:
CONTACT:
PHONE:
WHAT OTHER NAME (S) HAS YOUR COMPANY OPERATED UNDER:
HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO
YOU? YES NO IF YES PLEASE EXPLAIN.
HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN AN OFFICER OR
PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A CONTRACT
WITHIN THE LAST FIVE YEARS? YES NO IF YES EXPLAIN
ARE YOU PRESENTLY OR IN THE PAST SEVEN YEARS BEEN A PARTY TO ANY
LITIGATION WITH AN OWNER OR OTHER GOVERNMENT AGENCY? _YES NO IF
YES PLEASE EXPLAIN
HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY
BANKRUPTCY ACTION? YES NO IF YES EXPLAIN
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REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and results
that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as required
by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Work Hours
Do the proposed cost and work hours compare
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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