CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CASCADES … · 2016-07-19 · Lava Butte and Ride the...

CENTRAL OREGON

INTERGOVERNMENTAL COUNCIL

CASCADES EAST TRANSIT

REQUEST FOR PROPOSAL BUS ADVERTISING REVENUE SERVICES

# CET 16-4

Planned schedule:

Initial Advertising for RFP: Monday July 18th, 2016 Deadline for RFP questions, submitted in writing: Tuesday, July 26th, 2016 Deadline for Responses to RFP questions: Wednesday, August 3rd, 2016 Proposal due date: Friday, August 19th, 2016 by 4PM(PST) Notice of Intent to Award: Friday, September 2, 2016

2

TABLE OF CONTENTS

SECTION I.

1. Introduction ..............................................................................................................4 2. Scope of Work .........................................................................................................4 3. Proposal Requirements ............................................................................................8 4. Proposal Evaluation ...............................................................................................11 5. Single Proposal Process .........................................................................................12 6. Award .....................................................................................................................12 7. CET Procurement Protest Procedures ....................................................................12

SECTION II. TERMS AND CONDITIONS INCLUDING FTA PROVISIONS 8. Performance ...........................................................................................................13 9. Payment..................................................................................................................13 10. Conflict of Interest and Non Competitive Practice ................................................13 11. Contract Term .......................................................................................................13 12. Notice of Impaired Performance ............................................................................14 13. Independent CONTRACTOR ................................................................................14 14. Access to Records and Reports ..............................................................................14 15. Federal/State and Local Taxes ...............................................................................15 16. Legal Remedies ......................................................................................................15 17. Coordination of Work ............................................................................................15 18. Assignment ............................................................................................................15 19. Severability ............................................................................................................16 20. Contract Work Hours and Safety Standards Act ...................................................16 21. No Obligation by The Federal Government ..........................................................16 22. Civil Rights Requirements .....................................................................................16 23. Termination of Contract .........................................................................................17 24. Non-Discrimination Assurances ............................................................................18 25. DBE Program ........................................................................................................18 26. Privacy Act Requirements .....................................................................................18 27. Contract Breaches and Dispute Resolution............................................................18 28. State and Local Law Disclaimer ............................................................................19 29. Safeguarding Client Information ...........................................................................19 30. Hold Harmless and Indemnification ......................................................................19 31. Insurance ........................................................................................................20 32. Licensing in Compliance with Laws and Regulations ...........................................20 33. Rights in Data and Copy Rights/Patents ................................................................20 34. Suspension and Debarment ...................................................................................20

APPENDIX A. FORMS

(A) Revenue proposal form .......................................................................................22 (B) Non-Collusion Affidavit .....................................................................................23 (C) Statement of Qualifications .................................................................................24

3

(D) No-Participation Form ........................................................................................25 ATTACHMENTS

A) Fleet list ..................................................................................................................26 B) Exterior + Interior Advertising List .......................................................................28 C) Exterior Advertising Availability photographs ......................................................30

EXHIBITS A) Summary of Federal Requirements and Incorporating by Reference Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements (“Certifications and Assurances”) and Federal Transit Administration Master Agreement (“Master Agreement”)............................................................................................................................................34 B) Federal Regulations & Required Third-Party Contract Clauses ..............................36 C) CET Procurement Protest Procedures ......................................................................38

4

SECTION I. PROPOSAL INFORMATION 1. INTRODUCTION/INFORMATION

Central Oregon Intergovernmental Council (COIC), a council of governments formed by the cities and counties of Central Oregon, located at 334 NE Hawthorne Avenue, Bend, OR 97701, is seeking proposals from qualified contractors (hereinafter referred to as CONTRACTOR) that are interested in providing advertising sales, production and installation of advertising space on its revenue fleet.

COIC operates Cascades East Transit (CET), which is the public transit system for Bend, La Pine, Madras, Prineville, Redmond, Sisters and Warm Springs. CET provides public transportation services within and between communities as well as season services including the Mt. Bachelor, Lava Butte and Ride the River shuttles. CET provides over 700,000 rides annually and operates 96,000 service hours.

Proposals are due No Later Than 4:00 PM (PST) on Friday, August 19, 2016. Questions regarding this RFP should be directed to: Judy Watts, Outreach and Engagement Administrator [email protected] (541) 548-9536

Disadvantaged Business Participation COIC promotes equal employment opportunity and maximum practicable opportunity participation by Disadvantaged Business Enterprises certified by the State of Oregon. Equal Employment Opportunity CONTRACTOR is required to comply with all applicable Equal Employment Opportunity laws and regulations. Ineligible Contractors CONTRACTOR is required to certify that they or their SUBCONTRACTORs are not on the Comptroller General’s list of ineligible CONTRACTORs. Rejection and Waiver COIC reserves the right to reject any or all proposals and to waive minor formalities and technicalities in offers received, to solicit new proposals, or to accept any proposals which are deemed to be more advantageous to COIC. 2. SCOPE OF WORK Background COIC operates Cascades East Transit (CET), which is the public transit system for Bend, La Pine, Madras, Prineville, Redmond, Sisters and Warm Springs. CET provides public transportation services within and between communities as well as season services including the Mt. Bachelor, Lava Butte and Ride the River shuttles. CET provides over 700,000 rides annually and operates 96,000 service hours. Selected CONTRACTOR will be required to perform sales, production, installation and maintenance of advertising space in its revenue fleet. Responsibilities include:

Implementing an advertising program Review and revise advertising rates if necessary Contacting clients and pursuing leads

5

Performing sales Performing Trade Sales Ensuring all advertising content meets state and federal laws CONTRACTOR will strictly adhere to the specified Restrictions on Advertising Content listed on

page 6. Installation of all advertising medium Production of all advertising medium Removing wraps and frames in a timely manner Advising CET staff on growing advertising program

All costs of fulfilling these responsibilities will be borne by CONTRACTOR. A complete list of Cascades East Transit vehicles is attached (ATTACHMENT A). CET is in the process of upgrading its fleet and considers the majority of the fleet to be modern with some exceptions of which replacement vehicles will be warranted during the life of this contract. Replacement vehicles will be similar to the rest of the fleet. Additional style coaches (e.g. low floor bus, recreational buses) will be incorporated in the lifetime of this contract. A complete list of Exterior Advertisement availability is attached (ATTACHMENT B). CET categorizes each bus as having three exterior advertising opportunities; the rear of the bus, the curb or ‘queen’ side of the bus and the street or ‘king’ side of the bus. There are a total of sixty-four (64) available advertising ‘spots’ all are direct application style. It is the responsibility of the CONTRACTOR to add and install frames if preferred. Currently there are no frames on CET buses. A complete list of Interior Advertisement availability is attached (ATTACHMENT B). Interior advertising is limited to the fixed-route, community connector, and recreational vehicles at this time. CET has provided the interior advertising as linear feet in length and the height of all advertising frames is 11 inches. The ads need to be printed on very heavy, semi-rigid stock to stay in the displays, 1 mil PVC plastic is preferable. No representation or assurance is, or can be made to any vehicle remaining in a specific area or route. COIC reserves the right to make changes in the location, time availability, and size of vehicles. The ultimate responsibility for tracking fleet rests with the CONTRACTOR. COIC , by necessity, must retain the ability to move vehicles to accommodate passenger needs and maintenance requirement and can not assign vehicles for advertising purposes. COIC reserves the right to increase or decrease the number and frequency of routes at anytime during contract term. Revenue amount will remain as proposed during the agreement term. The CONTRACTOR will be allowed reasonable access to the vehicles for the purpose of providing their services. The CONTRACTOR’s employees must obey all speed limit signs, parking access, directional arrows and other regulatory signs while on COIC property and must notify the CET maintenance personnel on duty at the facility when they arrive and before they leave COIC property. CONTRACTOR vehicles must be clearly marked and have working marker lights and flashers and be in safe operating condition. Advertising will be permitted on the exterior and interior all fixed route buses and on the exterior of Paratransit coaches with the following exceptions:

The Mt. Bachelor branded bus Fifteen percent (15%) of CET fleet will be retained for COIC purposes. These ads promote COIC

and partner related events and/or messaging and will remain under the authority of COIC. COIC requires five (5) linear feet of interior advertising space on each vehicle for Bus Riding

6

Rules and Rider Alerts. Advertising on non-revenue vehicles is not included in the request for proposals. Advertising does not exist and is not permissible on the bicycle racks on the front of buses at this

time. It will be the responsibility of the CONTRACTOR to develop a rate schedule for advertising fees. While the rates are totally within the purview of the CONTRACTOR, a copy of the normal rates is to be provided to COIC. The CONTRACTOR will provide a monthly accounting of total sales and revenue collections (including a statement of size and type of display) contracted for each advertiser. The greater of that amount received by the CONTRACTOR or the prorated annual guarantee is to be remitted to COIC monthly, by the 15th of the subsequent month. Prior payments in excess of the annual guarantee may be used to offset current payments due in excess of amount received for earned monthly revenues. Restrictions on Advertising Content The advertising firm shall not place on advertising spaces any advertising which is obscene or libelous or which presents a clear and present danger of causing riot, disorder or other immediate threat to public safety, peace, or order. Advertising firms shall not allow the following advertising types: firearms, R or X-rated movies, alcohol, liquor, tobacco, or controlled substance products. Advertising firm shall not solicit advertising that could be interpreted by prevailing community standards as objectionable. Advertising that reflects community standards and promotes local economic growth and tourism of the regional wine and brewery industries, shall be exceptions to the prohibition of alcohol advertising and will be considered on a case by case basis. The provider must remove signage that is date sensitive such as advertising of events in a timely manner.

Bus Painting, Vinyl Application and Fully Wrapped Buses Any material extended over the windows must be transparent from the inside, allowing passengers to see out. No materials can be placed over the driver’s visual area or on the front passenger door. COIC is available to review and provide concurrence with any vinyl advertising to be placed on the body or window of a bus.

The CONTRACTOR will be required to submit plans for and receive COIC’S approval for custom-painted and fully wrapped vehicles. Painting or vinyl applications must be performed under the supervision of COIC’s Lead Mechanic and unless specifically approved in writing by the Lead Mechanic. While the bus is in the custody of the advertising firm or subcontractor, the advertising firm will assume full responsibility for the bus including loss or damage. Demonstration of adequate insurance will be required for work performed on a bus at a remote location. A “Fully Wrapped” bus is defined as one where the entire bus is covered, except the windows; in an advertisement (windows may be partially covered as addressed above). The advertising firm must submit all requests for fully wrapped buses to COIC with an illustration showing the proposed advertisement for written approval. The CONTRACTOR must schedule at least 7 business days in advance the date a fully wrapped bus will be out of service for advertising application. Only one bus may be scheduled out of

7

service at a time. At the conclusion of the advertising agreements and when space will be vacant, each bus use must be returned to the exact condition, paint scheme and decal placement as the rest of the fleet. This includes fully wrapped buses and single display advertising on buses. All painting and body work in converting a bus back to standard design will be the sole responsibility of the advertising firm and it is understood that COIC will incur no cost nor supply any labor in these efforts. Advertising firm must use COIC’S specification when converting buses back to the standard design. Repair of Damage to CET Vehicle The advertising firm is responsible for the repair of any damage occurring to CET vehicles resulting from the advertising. This includes, but is not limited to, holes drilled for the installation of advertising frames, damaged paint, windows, window frames, or any other component of a bus damaged from the removal of vinyl materials. In addition, adverting firm is responsible for water or corrosion damage occurring to vehicles from improper installation, maintenance, or removal of advertising frames and signs. If repairs include painting, the preparations and painting must meet COIC’S specifications and be done under the supervision of COIC’S Operations Manager. Workmanship of Advertising and Materials CONTRACTOR must guarantee a final product that is of good quality workmanship and presentable to the public. Good quality workmanship includes smooth application of vinyl that is without pockets of air, placement that is not crooked or warped, materials that will not fade or degrade over time and in the elements, that can withstand washing, and that will not require replacement. CONTRACTOR shall guarantee that all subcontractors will be provided with adequate time and with good quality materials so that they can create a final product that meets these conditions. All work performed must receive final approval from the Lead Mechanic to ensure good quality workmanship. TRANSITION PROVISIONS Upon the expiration or termination of this Agreement, CONTRACTOR agrees to assign to COIC or to its successor advertising contractor, all advertising contracts on CET buses and such contracts shall thereupon become the property of COIC. Advertising contracts should specify that upon expiration or termination of CONTRACTOR’s agreement with COIC, payments will then be due to COIC. For a period of 6 months following the expiry or termination of this Agreement, COIC or its assigns agrees to pay CONTRACTOR 15% of the gross advertising space revenue from such contracts that extend beyond the expiry or termination of the Agreement, plus all unamortized production charges of such advertising contracts.

TRANSITION PROVISION NEW CONTRACT Subject to extension of the Term as provided for in the contract, Contractor will not:

1. enter into any Post-Term contract after the last day of the Term: or 2. enter into any Post Term Contract which has a term ending more than six (6) months after the

end of the Term. No later than thirty (30) days prior to the expiration of this Agreement Contractor will provide COIC with a list of all Post Term Contracts and copies of all Post Term Contracts. To the extent that the contractor enters into any Post-Term Contracts after the list is provided as set forth above, the Contractor will immediately provide notice of such additional Post-Term contracts to COIC. The Contractor will assign any and all Post Term Contracts (including any rights the Contractor has with respect to posted displays, completed (but not posted) display production, art, work, or

8

other production in progress, and other work prepared in accordance with the Post-Term Contracts) on the last day of the Term to COIC or to one or more parties designated by COIC. In the event of the termination or expiration of this Agreement and in order to allow for an orderly transition of all then-existing Advertising Contracts, the Contractor will grant COIC or any successor in interest of the Contractor (as directed by COIC) a license to temporarily use CONTRACTOR owned mounting display boards and other materials in place with respect to Advertising Contracts as of the date of the expiration or termination of this Agreement. The term of the license shall continue for the remaining term of the Advertising Contracts. The Contractor will cooperate with COIC, and any successor in interest of the Contractor (as directed by COIC) to remove and retrieve such materials in a fashion that does not: (1) cause disruption to CET services, (2) interfere with the performance of the Advertising contracts (3) damage existing relationships with the advertisers that have executed Advertising Contracts. CONTRACTOR will notify COIC that CONTRACTOR will not extend the contract for an additional term ninety (90) days prior to the end of the contract via certified mail. As consideration for the assignment of the Post-Term Contracts and the Contractors performance of its transition obligations, the Contractor shall receive form COIC, or a third party designated by COIC the following: 1. 15 percent of all monies received by COIC or such third party, which represents Net Billings,

and 2. all monies received by COIC or such third party, which represents payments relating to

advertising display production that was produced by or for the Contractor. Pursuant to Post-Term contracts assigned under this section, such monies received from Advertisers will be payable within 45 days after receipt by COIC or third party. Such monies received from Advertisers will be applied firstly toward Net Billings and any monies remaining (after net billings are satisfied) will be applied toward charges relating to advertising display production.

3. PROPOSAL REQUIREMENTS Qualification and Experience The successful service provider will have the following minimum qualifications:

License to do business in the State of Oregon Four years experience in successfully providing advertising sales and service An account

representative who has demonstrated experience in transit and/or advertising sales.

Proposals should be clear, concise, and provide complete information about the CONTRACTOR’s ability to successfully fulfill its role as an advertising agent for COIC. Firms responding to this request shall provide the following: 1. Cover Letter

Submit a cover letter of introduction indicating an interest in serving as a transit advertising service firm for COIC. The letter must be signed by an individual capable of committing the resources of the proposed firm.

2. Qualifications and Experience of Firm

A. State when the firm was founded and provide a professional history of the firm and its principals. B. Describe the depth of your firm’s experience and relate that experience to your understanding of

the skills necessary to complete this contract.

9

C. Identify any experience with transit or public agencies. D. Provide a complete list of current clients including contact name and phone number and dates of

service. E. Comment on your firm’s project management approach, including your firm’s ability to provide

responsible and timely coordination to COIC. F. Describe your firm’s experience with painted buses and expanded advertising on the sides and

tails of vehicles. Please state the number of years your firm has provided each of these services. G. Describe in detail the following:

1. Your frame and installation process 2. Your preventative maintenance procedures for frames and signs 3. Your replacement procedures for worn or damaged signs.

H. Describe what distinguishes your firm from others in your industry. I. Describe your working relationship with transit agency clients. Describe your expected working

relationship with COIC. J. Provide information demonstrating the necessary financial resources to perform this contract.

Items include audited financial statements for the past two years, or a compilation and review of financial statements. Other documents of a supplemental nature may be added.

K. Describe your accounting practices to illustrate how you administer your accounts. Provide samples of the financial and other reports provided to the transit client.

L. Describe your firm’s policy regarding public service advertising. 3. Staff Qualifications and Experience

A. List names and titles of firm team members including job descriptions for all personnel who would be involved in providing services to COIC. Provide a detailed statement of qualifications and experience for each team member. Prior experience on similar projects should be clearly shown.

B. Identify who would manage the COIC account and list his/her title, history with the firm,

qualifications, experience and achievements. Also state any relevant training, background and education. List of the percentage of the account manager’s time devoted to this account.

C. Identify sales staff, other than project manager, who would represent the account. List relevant background, education and training.

D. Comment on how the account manager interacts with the typical client. E. Identify the posting staff that would be assigned to this account and how they are managed.

4. References

A. Provide a list of minimum three client references, including the information listed below. Other known references may be considered in evaluation. 1. Name of client organization 2. Primary client contact 3. Description of work 4. Time period 5. Name of the primary firm representative who served the account.

B. Provide a list of three subcontractors with whom you have worked with in the last year, such as television and radio stations, ad installers, printers, or other vendors that may be contacted regarding your business practices and payment for services. Include the following information:

1. Name of organization 2. Primary contact

10

3. Description of work 4. Time period 5. Name of the primary firm representative who serviced the account.

Submittal Requirements Interested parties should submit four (4) complete copies of their proposal, including all forms and required documentation No Later Than 4:00 PM (PST), 8/19/16. All copies must be delivered or mailed, and must arrive by 8/19/16 at Central Oregon Intergovernmental Council Administration office, located at 334 NE Hawthorne Avenue, Bend, OR 97701. Proposals must be sealed and marked with the words “Advertising Agent RFP.” Faxed and/or e-mailed proposals will not be accepted. CONTRACTOR’s proposal should be clear, concise, and provide detailed information concerning the CONTRACTOR’s ability to successfully perform the obligations as described in the Scope of Work. All firms shall include the following documentation in the proposal package:

a) Appendix A Forms (A) Revenue proposal (B) Non-Collusion Affidavit (C) Statement of Qualifications (D) No-Participation (E) Draft Agreement b) Submittal of proposal document

All information submitted for this proposal document, i.e. prices, brands, product numbers, any exceptions to the terms and conditions of this proposal, and the signature page, must be either typewritten or filled out in permanent ink. Proposal received differently than in the manner described above will be rejected.

c) Signature page

Proposals submitted require the firm name, address and telephone number must be entered on the signature page of this proposal. It is required that proposals be submitted typed or printed with permanent ink. Each proposal must be signed in longhand by the person duly authorized to sign proposal documents.

Proposals shall be valid for ninety (90) calendar days from proposal due date. Proposals submitted via methods other than those indicated above will not be accepted. Cost of Proposal Preparation The CONTRACTOR is responsible for all and any costs associated with preparation and/or delivery of the proposals and any and all incidental costs associated with the clarification, presentation, or amendment of the proposal. COIC does not expect the written proposals to be expensive or ostentatious.

Disposition of Late Proposals It is the responsibility of the CONTRACTOR to ensure that proposals are received by the specified date and time. Proposals received after the specific deadline will not be accepted.

Withdrawal or Modification of Proposals A modification to a proposal already received at COIC shall be considered only if the modification is requested prior to the date/time for the submittal of final proposals. All modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal. Any modification of the proposal or quotation, except a modification resulting from COIC’s request for a “best and final”

11

offer, is subject to the same conditions. Proposals may be withdrawn by written or fax request received from CONTRACTOR prior to the date/time for the submittal of final proposals. Proposals may be withdrawn in person by a CONTRACTOR or an authorized representative, if the representative’s identity is made known and the representative signs a receipt documenting the withdrawal of the proposal. No CONTRACTOR may withdraw a proposal after the time and date for submittal of final proposals, unless the resulting Contract award is delayed for a period exceeding seventy-five (75) calendar days from the deadline for receipt of proposals. COIC reserves the right to request that the CONTRACTOR grant an extension to the proposal validity period. No consideration shall be given by COIC to a claim of error in a proposal unless written notice of error and supporting evidence of such claim, including cost breakdown sheets, are delivered to COIC within 48 hours of the opening of proposals. Any review by COIC of a proposal and/or any review of such a claim of proposal error (including supporting evidence) imposes no duty or liability by COIC to discover any other error or mistake, and the sole liability for any proposal error or mistake rests with the CONTRACTOR. Public Disclosure

All information contained in the proposal may be subject to public inspection. CONTRACTOR’S who include in their submittals data which they do not want disclosed to the public for any purpose or used by COIC, except for evaluation purposes, shall:

a) Mark the title page with the following legend: “This proposal includes data that shall not be duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this CONTRACTOR as a result of, or in connection with, the submission of this data, COIC shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract. This restriction does not limit COIC’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].”

b) Mark each sheet of data they wish to restrict with the following legend: “Use or disclosure of data contained on this sheet is subjected to the restriction on the title page of this proposal.”

4. PROPOSAL EVALUATION PROCESS COIC’s established evaluation committee, consisting of staff members Karen Friend, Bill Caram and Judy Watts, will evaluate the proposals on the experience and judgment of each member of the committee and any other experts or consultants the committee may choose. Committee members will evaluate and score proposals individually, then meet to compare and discuss scores. The committee will only select responsive and responsible proposers, and will make a vendor recommendation to the Executive Director, for ultimate approval. EVALUATION CRITERIA Proposals will be reviewed for compliance with the requirements of the RFP. Those proposals which are incomplete or those which fail any of the pass fail elements identified below will be rejected. Proposals will also be scored on the clarity and completeness of their submittals. Points will be awarded as described below with the maximum points available is 100. Final selection and ranking will be based on the following criteria and points:

12

Evaluation Criteria

1. Total Guaranteed Revenue to COIC over the life of the Agreement 40% 2. Qualifications and location of key staff assigned to the account 20% 3. Contractors proposal meets or exceeds requested information 10% 4. References and past experience if applicable 30%

EVALUATION CONFERENCE

To aid in the evaluation process, after proposal opening, COIC may require individual CONTRACTORs to appear at a date, time and place determined by COIC for the purpose of asking questions and answering questions to determine whether both parties have a full and complete understanding of the nature and scope of project, and negotiate price and terms if required. In no manner shall such action be construed as negotiations or an indication of COIC ’s intention to award. An evaluation team shall review the proposals, discuss, and rank the proposals according to the evaluation criteria. Contractors will not be told of their rankings among other contractors. These evaluation scores will be combined for a total possible score of 100. COIC may choose to require BEST AND FINAL OFFERS regarding this RFP. The contractor whose proposal is in the best interest of COIC will be recommended to the COIC Board of Directors. COIC may negotiate with any or all Contractors to arrive at a contract for the performance of the work. COIC reserves the right to select the Contractor based on the initial proposals submitted. Proposals will not be publicly opened and will be kept strictly confidential until Contract is awarded. 5. SINGLE PROPOSAL PROCESS If only a single proposal is received, COIC may require that the CONTRACTOR provide verification of cost/price reasonableness, which may include but is not limited to: a cost analysis or a price comparison between the proposed price and that of similar items, materials, supplies, and/or services to confirm that the proposal submitted price is fair and reasonable. If requested, the CONTRACTOR shall provide the cost analysis or price comparison within seven (7) calendar days of the date requested. COIC reserves the right to reject or accept the proposal submitted on the basis of verification of price reasonableness. 6. AWARD COIC shall evaluate all proposals submitted and determine which proposal submittal is in the best interest of the agency. COIC reserves the right to not award to the highest guaranteed revenue. COIC at its sole discretion reserves the right to accept or reject any and/or all proposals submitted and to waive minor informalities and irregularities to serve the best interest of COIC. COIC will only award to responsive and responsible proposers. These services are intended to be awarded as one package; COIC reserves the right to award to a single CONTRACTOR or multiple CONTRACTORs in the best interest of COIC. COIC may enter into a contract with the successful Qualifier within ninety (90) calendar days of the closing date or may extend this time frame or exercise the right to reject all proposals.

7. CASCADES EAST TRANSIT PROCUREMENT PROTEST PROCEDURES COIC must adhere to and be in conformance with the State Statutes (primarily section ORS 279), the Attorney General Model Rules and the COIC adopted Procurement Policy. In this regard all protests/disputes will be subject to these rules and policy. Termination or other disputes which may result in judicial review are subject to Sections ORS 279B.400, 279A.065 as applicable, and Attorney General Model Rules Section 137-047-700 (Legal remedies) “Protests and Judicial Review of Special Procurement”. These rules state that before seeking judicial review of termination action, or other action, that the affected CONTRACTOR must file a written protest directed to COIC and must exhaust all administrative remedies. Should any dispute arise between the parties concerning this contract which is not resolved by mutual agreement, it is agreed that it will be submitted to mediated negotiation prior to

13

any party commencing litigation. In such an event, the parties to this contract agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, but in the absence of such agreement each party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. All costs of mediation shall be borne equally by the parties. COIC’s Procurement Protest Procedures are described in Exhibit C within this document. SECTION II. TERMS AND CONDITIONS INCLUDING FTA PROVISIONS 8. PERFORMANCE

a) The CONTRACTOR will perform all work, furnish all labor, necessary supplies, and equipment for the proper execution of performance described in scope of work. The CONTRACTOR'S proposal is a part of this contract and describes the service provided.

b) All performance must be done in strict accordance with the CONTRACT DOCUMENTS, including RFP 09-10, Cost proposal and any Addenda.

c) The CONTRACTOR agrees to comply with all applicable provisions and the most recent amendments of state and local laws and regulations.

9. PAYMENT

The CONTRACTOR will provide a monthly accounting of total sales and revenue collections (including a statement of size and type of display) contracted for each advertiser. The greater of that amount received by the CONTRACTOR or the prorated annual guarantee is to be remitted to COIC monthly, by the 15th of the subsequent month. Prior payments in excess of the annual guarantee may be used to offset current payments due in excess of amount received for earned monthly revenues.

10. CONFLICT OF INTEREST AND NON COMPETITIVE PRACTICE A. Conflict of Interest CONTRACTOR agrees that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any such interest, which conflicts in any manner or degree with the services required to be performed under this contract and that it shall not employ any person or agent having any such interest. In the event that the CONTRACTOR or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to COIC and take action immediately to eliminate the conflict or to withdraw from this contract, as COIC may require. B. Contingent Fees and Gratuities 1. CONTRACTOR agrees that no person or selling agency except bona fide employees or

designated agents or representatives of CONTRACTOR have been employed or trained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and

2. That no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by

CONTRACTOR or any of its agents, employees or representatives, to any official, member or employee of COIC or other government agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract.

11. TERM OF CONTRACT Contract shall be in place for two (2) years and maybe extended up to a total of five (5) years.

14

12. NOTICE OF IMPAIRED PERFORMANCE Whenever an actual or potential event such as a labor dispute, act of God, change in CONTRACTOR'S business or any other event is impairing the performance of the Contract, COIC will immediately give notice thereof including all relevant information with respect thereto. 13. INDEPENDENT CONTRACTOR

A. The parties intend that an independent relationship will be created by this CONTRACT. COIC is interested primarily in the results to be achieved; the implementation of services will lie solely with CONTRACTOR. No agent, employee, servant or representative of CONTRACTOR shall be deemed to be an employee, agent, servant or representative of COIC for any purpose, and the employees of CONTRACTOR are not entitled to any of the benefits COIC provides to its employees. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, servants, SUBCONTRACTORs or representatives during the performance of this CONTRACT.

B. In the performance of the services herein contemplated, CONTRACTOR is an

independent CONTRACTOR with the authority to control and direct the performance of the details of the work. However, the results of the work contemplated herein must meet the approval of COIC and shall be subject to COIC’S general rights of inspection and review to secure the satisfactory completion thereof.

14. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17

A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any 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. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311

B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA

Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

C. Where the Purchaser enters into a negotiated contract for other than a small purchase or

under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the

15

Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient

in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

E. 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.

F. 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 the Purchaser, the FTA Administrator, the Comptroller General, 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).

G. FTA does not require the inclusion of these requirements in subcontracts.

15. FEDERAL/STATE AND LOCAL TAXES The CONTRACTOR shall be responsible to pay all taxes associated with the project. 16. LEGAL REMEDIES This CONTRACT shall be construed in accordance with the laws of the State of Oregon, and in any disputes arising under the terms of, or in connection with this CONTRACT, both parties agree that venue shall be in the courts of Deschutes County in the State of Oregon. 17. COORDINATION OF THE WORK COIC designates Judy Watts in coordination with Karen Friend as its representative authorized to act on its behalf in the direction of the work under this CONTRACT. This authority does not extend to issuing directives outside the scope of or contradictory to the provisions of this Contract. CONTRACTOR shall designate a representative to act on its behalf. Said representative shall have full authority to direct all affairs in respect to the work performed under this Contract. 18. ASSIGNMENT AND/OR SUBCONTRACTING COIC and CONTRACTOR, each for himself, binds himself, his principals, successors, assigns and legal representatives of such party in respect of all covenants of this Contract. This Contract and all obligations arising thereunder shall not be sold, assigned or transferred by either party without the previous consent in writing of the other party to this Contract. The performance of all activities contemplated by this Contract shall be accomplished personally by CONTRACTOR, persons and SUB-CONTRACTORS identified in the submittal. CONTRACTOR shall not assign or subcontract performance to others unless specifically authorized in writing by COIC in advance. All terms and conditions of this Contract shall apply to any approved subcontract or assignment

16

related to this Contract. 19. SEVERABILITY Should any part, term or provision of this CONTRACT be decided by the courts to be illegal or in conflict with any applicable statute or regulation, the validity of the remaining portions shall not be affected thereby. 20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

A. Overtime requirements - No CONTRACTOR or SUBCONTRACTOR contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation

of the clause set forth in paragraph (1) of this section the CONTRACTOR and any SUBCONTRACTOR responsible therefore shall be liable for the unpaid wages. In addition, such CONTRACTOR and SUBCONTRACTOR shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

21. NO OBLIGATION BY THE FEDERAL GOVERNMENT A. COIC 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 Purchaser, CONTRACTOR, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

B. 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.

22. 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

17

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 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 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 American 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.

C. 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.

23. TERMINATION OF CONTRACT Termination for Convenience or Default COIC may terminate this contract in whole or in part, for COIC convenience or because of the failure of the CONTRACTOR to fulfill any/all contractual obligations. COIC shall terminate by delivering to the CONTRACTOR a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the CONTRACTOR shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the COIC Procurement Representative all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of COIC, the COIC Procurement Representative shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

If the termination is for failure of the CONTRACTOR to fulfill the contract obligations, the Recipient may complete the work by contract or otherwise and the CONTRACTOR shall be liable for any additional cost incurred by the Recipient.

18

If, after termination for failure to fulfill contract obligations, it is determined that the CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of COIC.

A. Opportunity to Cure COIC in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten business days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If CONTRACTOR fails to remedy to COIC satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten business days after receipt by CONTRACTOR of written notice from COIC setting forth the nature of said breach or default, COIC shall have the right to terminate the Contract without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude COIC from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default.

B. Waiver of Remedies for any Breach In the event that COIC elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Contract, such waiver by COIC shall not limit COIC’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

24. NON-DISCRIMINATION ASSURANCES The CONTRACTOR or SUBCONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall enforce all applicable requirements of 49 CFR part 26 in the award and administration of Department Of Transportation 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 other such remedy as COIC deems appropriate. 25. DBE Program See Exhibit B for further information. 26. PRIVACY ACT REQUIREMENTS The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Government under any contract:

A. The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, the CONTRACTOR agrees to obtain the express consent of the Federal Government before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. The CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

B. The CONTRACTOR also agrees to include these requirements in each subcontract to

administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

27. BREACHES AND DISPUTE RESOLUTION Disputes:

19

Disputes arising from the performance of the Contract which are not resolved by agreement of the parties shall be decided in writing by the Administration & Finance Manager of COIC. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the CONTRACTOR mails or otherwise furnishes a written appeal to COIC’s Transportation Manager. In connection with any such appeal, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of COIC’s General Manager shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. Performance During Dispute: Unless otherwise directed by COIC, CONTRACTOR shall continue performance under the Contract while matters in dispute are being resolved. Claims for Damages: Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, agents or others for whose act he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Rights and Remedies: The duties and obligations imposed by the Contract documents and the rights and remedies there under 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 COIC or the CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. 28. STATE AND LOCAL LAW DISCLAIMER The use of many of the suggested clauses are not governed by Federal Law, but are significantly affected by State Law. Oregon State and Federal Jurisprudence if applicable to conflict of Laws shall apply. 29. SAFEGUARDING CLIENT INFORMATION CONTRACTOR agrees that confidential information obtained from COIC shall not be disclosed except upon the written consent of COIC. 30. HOLD HARMLESS AND INDEMNIFICATION

A. CONTRACTOR expressly agrees to indemnify and hold harmless COIC and all of its officers, employees, agents, or otherwise, from any loss, damages, costs, charges or expenses whether to persons or property, including any costs, expenses or attorney’s fees in the defense of any claims therefore, which COIC may incur by reason of any act, action, neglect, omission or default on the part of CONTRACTOR; provided however, as to any liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of COIC and/or its agents or employees and CONTRACTOR or its agents and employees. This section is valid and enforceable only to the extent of CONTRACTOR’S negligence.

B. In case any suit shall be brought against COIC on account of any negligent act, action,

neglect, omission or default of CONTRACTOR, CONTRACTOR hereby covenants to assume the defense thereof and pay any and all costs, charges, attorney’s fees and other expenses and CONTRACTOR shall pay any and all judgments that may be incurred by or obtained against COIC, except any judgments for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of

20

COIC and/or its agents and employees, and except in the case of a judgment for liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of COIC and /or its agents or employees, and CONTRACTOR and its/his agents or employees, the obligation of CONTRACTOR shall be limited and enforceable only to the extent of CONTRACTOR’S negligence.

C. It is further provided that no liability shall attach to COIC by reason of entering into this

contract, except as expressly provided herein.

31. INSURANCE CONTRACTOR shall maintain at a minimum, the coverages set forth below. By requiring such minimum insurance, COIC shall not be deemed or construed to have assessed the risk that may be applicable to CONTRACTOR under this contract. CONTRACTOR shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in this project. CONTRACTOR shall purchase and maintain during the life of this CONTRACT the following insurance:

1. Statutory Worker's Compensation Insurance as specified by Oregon State Law, including Employer's Liability Insurance for its employees.

2. Comprehensive General Liability Insurance, including Blanket Contractual and Completed Operations coverage for limit of at least $1,000,000 for all bodily injuries and property damages.

32. LICENSING IN COMPLIANCE WITH LAWS AND REGULATIONS CONTRACTOR agrees to comply with all applicable federal, state, county, or municipal standards for the licensing, certifications, operation of facilities and programs, and accreditation and licensing of individuals, if any. 33. RIGHTS IN DATA AND COPYRIGHTS/PATENTS The Contractor, without exception, shall indemnify and save harmless COIC and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by COIC. If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 34. SUSPENSION AND DEBARMENT This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

21

The certification in this clause is a material representation of fact relied upon by COIC. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to COIC, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

22

Central Oregon Intergovernmental Council

APPENDIX (A)

BUS ADVERTISING PROGRAM REVENUE PROPOSAL FORM

DUE BY AUGUST 19th, 2016 4:00 P.M. PACIFIC TIME

The Provider, in accordance with the Advertising Agent RFP for providing a transit advertising program has carefully examined the project requirements, and the site of the proposed work, and being familiar with all the conditions surrounding the project, hereby proposed to perform all work required and to provide COIC with the following minimum revenue from said advertising. Guaranteed two years Annual Cash Revenue Guarantee (whichever is greater): 2016 $___________or _______ % From CET Revenue Vehicles 2017 $___________or________%

Option years 2018 $___________or________% 2019 $___________or________% 2020 $___________or________%

By signing below CONTRACTOR accepts terms and conditions listed in the RFP 16-4 and any addendums. If bidder does not agree to the terms and conditions, CONTRACTOR shall submit a request for clarifications & modifications prior to proposal due date. Failure to follow this procedure may cause COIC to award contract to the next lowest CONTRACTOR due to the added cost COIC may incur due to the change in Terms and Conditions. Proposal shall be valid for ninety (90) days from proposal due date. CONTRACTOR name: ____________________________ Address: ____________________________ ____________________________ License Registration Number ____________________________ Federal Tax Id number: ______________________ Provider’s Signature ____________________________ Date ____________ Signed By ____________________________ Title ____________________________

23

FORM – (B) Non-Collusion Affidavit

STATE OF ______________________ COUNTY OF ___________________

} } § }

___________________________________, being first fully sworn, on oath says that (_)he certifies that the proposal above submitted is a genuine and not a sham or collusive proposal, nor made in the interest or on behalf of any person not therein named; and (_)he further says that the said bidder/CONTRACTOR/CONTRACTOR has not directly or indirectly induced or solicited any bidder/CONTRACTOR on the above work or supplies to put in a sham proposal nor any other person or corporation to refrain from proposing; and that said bidder/CONTRACTOR/CONTRACTOR has not in any manner sought by collusion to secure to self advantage over any other bidder/CONTRACTOR/CONTRACTOR or bidder/CONTRACTORs/CONTRACTORs. SIGN HERE____________________________ Subscribed and sworn to before me this _________ day of ____________, 20___. _____________________________________ Notary Public in and for the State of _____________________, residing in ___________________________.

24

FORM - (C) Statement of Qualifications/ Certifications

STATEMENT OF QUALIFICATIONS CERTIFICATION The undersigned is fully authorized to execute this certification on behalf of the CONTRACTOR and certifies on the CONTRACTORs behalf that, to the best of its knowledge, the information presented in this Statement of Qualifications is a statement of facts and that the CONTRACTOR has the financial capability to perform the work which is the subject of this solicitation. The CONTRACTOR further certifies that it knows of no person and/or organization conflicts of interest prohibited under federal, state and local law. The CONTRACTOR certifies that Proposal is submitted in accordance with this solicitation and all issued addenda, and that the CONTRACTOR agrees to be bound by the same. CONTRACTOR Signature Title Date

25

FORM - (D)

No Participation Response Form

When submitting a "No Proposal" mail this completed form to Central Oregon Intergovernmental Council, 334 NE Hawthorne Avenue, Bend, OR 97701. RFP #CET 16-4 Project Title: Bus Revenue Advertising Services Cannot comply with specifications Cannot meet delivery requirement Do not regularly manufacture or sell the type of commodity involved Other (please specify) Explanation of reason(s) checked: Check one of the following: We do We do not desire to be retained on the mailing list for future procurements of this product. Please state below the firm's Name, Address and Telephone Number: Signature Date Type or Print Name and Title]

26

Attachment A

FLEET LIST

Fleet utilization as of 6‐27‐16

Bus #

Use Location Bus Size

Prim Fixed Route

BU Fixed Route

Prim Demand Response

BU Demand Response

Vans Prim CC

BU CC

MISC

806 DAR/CC Madras Small 1

807 DAR LaPine Small 1


811 DAR Redmond Small 1

814 DAR Prineville Small 1


819 CC Madras Small 1



823 DAR Madras Small 1



826 FIXED Bend Large 1




831 CC Large 1

832 CC Sisters Large 1

833 CC Madras Large 1




837 DAR Bend Small 1

838 CC LaPine Large 1

839 CC Prineville Large 1

840 CC Bend Large 1

850 Mt B Bend Large 1



853 Mt. B /Lava

Butte Bend Large 1

854 Mt. B /RTR Bend Large 1

855 Mt.B/RTR Bend Large 1

856 Mt.B Mt. B N/A

901 DAR/CC Warm Springs

Small

27

902 DAR/CC Warm Springs

Small

7746 DAR/Fixed Bend Small 1










7768 DAR Bend Van 1

7769 DAR Bend Van 1

7770 DAR Bend Van 1

7773 DAR Bend Van 1
















10 5 17 12 4 6 1 6

28

Attachment B

ADVERTISING AVAILABILITY – INTERIOR AND EXTERIOR

Bus # Vehicle Type External Dimensions (size may vary slightly by bus) External Tail

Internal Cards (coating or lamination)

806 Small 14.5ft x 26" (23" at wheelwell) 43" high x 70" wide 11" high x 17" wide












826 Large 32" high x 235.5" wide 43" high x 70" wide 11" high x 17" wide
























29







7768 Van 138" x 19" n/a n/a

7769 Van 138" x 19" n/a n/a

7770 Van 138" x 19" n/a n/a

7773 Van 138" x 19" n/a n/a
















30

ADVERTISING AVAILABILITY – EXTERIOR PHOTOGRAPHS

Large King (Driver side)

Large Queen (Passenger door side of bus)

31

Large Tail

Small King (Driver side)

32

Small Queen (Passenger door side)

Small Tail

33

Van King (Driver side)

Van Queen (Passenger door side)

34

EXHIBIT A

Summary of Federal Requirements and Incorporating by Reference Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements ("Certifications and Assurances")

and Federal Transit Administration Master Agreement ("Master Agreement")

CONTRACTOR must comply with all applicable federal requirements contained in the Certifications and Assurances available at http://www.fta.dot.gov/grants/12825_93.html. The Certifications and Assurances, including as they may be changed during the term of this Agreement, are by this reference incorporated herein. CONTRACTOR further agrees to comply with all applicable requirements included in the Master Agreement that is signed and attested to by State. This Master Agreement is incorporated by reference and made part of this Agreement. Said Master Agreement is available upon request from State by calling (503) 986-3300, or at http://www.fta.dot.gov/documents/21-Master.pdf. Without limiting the foregoing, the following is a summary of some requirements applicable to transactions covered by this Agreement:

1. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252, 42 U.S.C. § 2000d) and the regulations of the United States Department of Transportation (49 CFR 21, Subtitle A). CONTRACTOR shall exclude no person on the grounds of race, religion, color, sex, age, national origin, or disability from the benefits of aid received under this Agreement. CONTRACTOR will report to COIC on at least an annual basis the following information: any active lawsuits or complaints, including dates, summary of allegation, status of lawsuit or complaint including whether the Parties entered into a consent decree.

2. CONTRACTOR shall comply with FTA regulations in Title 49 CFR 27 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance which implements the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, 49 CFR 37, and 49 CFR 38.

3. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. CONTRACTOR shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. CONTRACTOR's DBE program, if applicable, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.

4. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in

the performance of this Agreement. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the performance of this USDOT-assisted contract. 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 COIC deems appropriate.

5. CONTRACTOR, a contractor receiving in excess of $100,000 in federal funds, must certify to

COIC that they have not and will not use federal funds to pay for influencing or attempting to influence an officer or employee of any federal department or Agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any federal

35

grant, cooperative agreement or any other federal award. If non- federal funds have been used to support lobbying activities in connection with the Project, CONTRACTOR shall complete Standard Form LLL, Disclosure Form to Report Lobbying and submit the form to COIC at the end of each calendar quarter in which there occurs an event that requires disclosure. Restrictions on lobbying do not apply to influencing policy decisions. Examples of prohibited activities include seeking support for a particular application or bid and seeking a congressional earmark.

36

EXHIBIT B FEDERAL REGULATIONS & REQUIRED THIRD-PARTY CONTRACT CLAUSES

ALL OR PART OF THIS CONTRACT IS FEDERALLY FUNDED. CONTRACTOR shall comply with the following applicable federal regulations in addition to all other specifications, terms and conditions of this Invitation for Bid or Request for Proposal. As used in these regulations,

FEDERAL CHANGES 49 CFR Part 18

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 Purchaser 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.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS 31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307

Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26

Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is .5 %. A separate contract goal has not been established for this procurement.

37

b. The contractor 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 49 CFR Part 26 in the award and administration of this DOT-assisted contract. 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 COIC deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1F

Incorporation of Federal Transit Administration (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, 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 contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COIC requests which would cause COIC to be in violation of the FTA terms and conditions.

CLEAN WATER REQUIREMENTS (Third Party Contracts over $100,000) (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

CLEAN AIR (Third Party Contracts over $100,000) (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

ENERGY CONSERVATION (42 U.S.C. 6321 et seq. & 49 CFR Part 18

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

38

EXHIBIT C

CASCADES EAST TRANSIT

PROCUREMENT PROTEST PROCEDURES

Under certain circumstances, an interested party to a procurement may protest to COIC the award of a contract which may or may not involve the direct application of public funds. COIC will make protest procedures accessible to bidding parties. These procedures are intended to ensure that valid complaints are properly handled and responded to. These procedures apply to all types of procurement actions, including sealed bids, requests for proposals, etc.

The term protest is utilized to describe the controversies that arise usually during the contract information process as an objection to a contract award or to a decision on a specific bid. The protests are challenges to actual or proposed actions of the contracting officers on specific procurements. These objections are brought by offerors, prospective offerors, or other interested parties who contend that they have been improperly treated in the procurement process. All protests must be submitted in writing.

COIC Level One Protest Procedures – General Conditions COIC’s review of any protest will be limited to violations of state or local laws or regulations, violations of COIC’s purchasing procedures, violations of COIC’s protest procedures, or failure to review a complaint or protest. Protests based on restrictive or severely defective specifications, or improprieties in any type of solicitations that are apparent prior to bid opening or closing date for proposals, must be received by COIC within a reasonable time in advance of scheduled bid opening but no later than 5 days after receipt of the RFP/IFB by the proposer/bidder. All other protests must be received by COIC within 5 days of the action on which the protest is based.

The initial protest filed with COIC shall be in writing and shall:

a) Include the name, address, and telephone number of the protestor and the name of a contact person

b) Identify the number, date, and description of the solicitation

c) Contain a statement of the grounds for protest and any supporting documentation. The grounds

for the protest must be supported to the fullest extent feasible. Additional materials in support of an initial protest will be considered only if filed within the time limits specified

d) Indicate the ruling or relief desired from COIC

A protest may be considered, even if the initial filing is late, under the following circumstances:

a) Good cause based on compelling reasons beyond the protestor’s control, whereby the tardiness is due to the fault of COIC in the handling of his/her protest submission

b) COIC determines the protest raised issues significant to a procurement practice or procedure

c) COIC is directed by a relevant grantee to either consider or reconsider a protest

d) A court of competent jurisdiction expresses interest in COIC’s decision

39

No formal briefs or other technical forms of pleading or motion are required, but a protest and other submissions should be concise, logically arranged, clear, and legible. Any additional information requested or required by COIC from the protestor, or interested parties shall be submitted as expeditiously as possible, but in no case later than five (5) days after the receipt of such request unless specifically stated by COIC.

Confidentiality Materials submitted by a protestor will not be withheld from any interested party outside of COIC or from any government agency that may be involved in the protest, except to the extent that the withholding of information is permitted or required by law or regulation. If the protestor considers that the protest contains proprietary materials that should be withheld, a statement advising of this fact may be affixed to the front page of the protest document and the alleged proprietary information must be so identified wherever it appears.

Furnishing of Information on Protests COIC shall, upon request, make available to any interested party, information bearing on the substance of the protest, including:

a) Any other documents that pertain to the protest, including correspondence with the bidders

b) A statement by COIC explaining its actions and the reasons for them A conference on the merits of the protests with members of COIC protest review panel (defined below) may be held at the request of the protestor. The request for a conference should be made in a timely manner so as not to interfere with the resolution of the protest and not later than twenty (20) days after the initial protest was filed. Withholding of Award When a protest has been filed before the opening of bids, COIC will not open bids prior to the resolution of the protest. When a protest has been filed after the opening of bids but before the contract award, COIC will not make an award for five days following its decision on the protest. When a protest has been filed after the award but prior to the execution of a contract, COIC will not proceed with the execution of the contract prior to the resolution of the protest. Exceptions to the above may occur if COIC determines that:

a) The items to be procured are urgently required

b) Delivery or performance will be unduly delayed by failure to either make the award promptly or to continue with the procurement

c) Failure to make prompt award or to continue with the procurement will otherwise cause undue

hardship to COIC or other local, state, or federal governments If government agency funds are involved, COIC will notify the appropriate agency in a timely manner and keep the agency apprised of the status of the protest.

Protest Review – Level One Upon receipt of a protest, the Executive Director will appoint an ad hoc COIC protest review panel to review all relevant materials associated with the protest. The panel shall be comprised of at least two representatives of COIC appointed by the Executive Director. The panel shall determine the validity of

40

the protest and what actions will be taken.

The panel will be directed to prepare a report within fifteen (15) days. The panel will notify the protestor and any interested parties of their findings and actions and of the procedures for requesting reconsideration. The report shall include the following:

a) Copies of all relevant documents

b) A copy of the invitation for bid or request for proposal, including pertinent provisions of the specifications

c) A copy of the abstract of bids.

Protest Review – Level Two Reconsideration of a decision by COIC may be requested by the protestor or any interested party. The request for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors of law made or information not previously considered. The request for reconsideration of COIC’s protest review panel decision shall be filed no later than ten (10) days after the panel issues its written report, and shall be filed with the Executive Director. Upon receipt of the request for reconsideration, the Executive Director shall schedule an informal administrative hearing with protestor and the COIC protest review panel. The hearing shall be held not later than fifteen (15) days after the receipt of the request for reconsideration.

The Executive Director has the authority to make the final decision on all protests. The Executive Director shall issue in writing, COIC’s final determination of the reconsidered protest within five (5) days of the administrative hearing. The appellant process ends with the Executive Director’s decision; however, the aggrieved party has those remedies afforded by the state courts.

Effect of Judicial Proceedings COIC may refuse to decide any protest where the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such a court.

Federal Transit Administration (FTA) Protest Procedures A protestor wishing to file a protest with FTA should consult FTA Circular 4220.1F for details on FTA’s bid protest procedures. Circular 4220.1F reinforces FTA’s policy of limiting involvement in the affairs and activities of grantees. Each authority is responsible for the settlement of all contractual and administrative issues arising out of procurements entered into in support of a grant, and only in certain specific situations is it appropriate for FTA officials to become involved in those situations or to substitute their judgment for that of the grantee in the controversies. The FTA will only review protests regarding the alleged failure of the grantee to have written protest procedures or alleged failure to follow such procedures. Alleged violations of a specific federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that federal regulation. Alleged violations on other grounds are under the jurisdiction of the appropriate state or local administrative or judicial authorities. Protests must be filed with the FTA, with a concurrent copy to COIC, within five (5) days after COIC

41

renders a final decision or five (5) days after the protestor knows or has reason to know that COIC failed to render a final decision. After five (5) days, COIC will confirm with the FTA that the FTA has not received a protest on the contract in question. Circular 4220.1F is available for review at COIC offices. A copy can be obtained from FTA at the following address: Federal Transit Administration, Region 10 915 Second Ave., Ste. 3142 Seattle, WA. 98174 COIC shall not be responsible for any protests not filed in a timely manner with the FTA.

CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CASCADES … · 2016-07-19 · Lava Butte and Ride the...

Documents

Transcript of CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CASCADES … · 2016-07-19 · Lava Butte and Ride the...