Peroria's Contract With Outfront
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City of Peoria, Arizona
Notice of Request for Proposal
Solicitation No.: P21-0045 Proposal Due Date: June 14, 2021
Capital Project No.: N/A Proposal Due Time: 5:00 P.M. AZ Time
Materials and/or Services: Bus Stop Advertising Purchasing Agent: Terry Andersen
Pre-Proposal Date: June 3, 2021
Contact Phone: (623) 773-7981 Pre-Proposal Time: 2:00 PM AZ Time
Contact Email: Teresa.Andersen@peoriaaz.gov Pre-Proposal Location: Virtual — please register at
https://attendee.gotowebinar
.com/register/489594647320
2890507
In accordance with City of Peoria Procurement Code competitive sealed proposals for the material or services specified will be received by the City of Peoria Materials
Management at the specified location until the date and time cited above. Proposals shall be in the submitted on or prior to the exact date and time indicated above. Late
proposals will not be considered, except as provided in the City of Peoria Procurement Code. Proposals shall be submitted electronically via the City’s Procurement Portal
(Bonfire) or in a sealed envelope with the Request for Proposal number and the offeror’s name and address clearly indicated on the front of the envelope. Offerors are
strongly encouraged to carefully read the entire Request for Proposal Package.
OFFER
To the City of Peoria: The undersigned on behalf of the entity, firm, company, partnership, or other legal entity listed below offers on its behalf to the City a proposal that
contains all terms, conditions, specifications and amendments in the Notice of Request for Proposal issued by the City. Any exception to the terms contained in the Notice
of Request for Proposal must be specifically indicated in writing and are subject to the approval of the City prior to acceptance, The signature below certifies your
understanding and compliance with Paragraph | of the City of Peoria Standard Terms and Conditions (form COP 202) contained in the Request for Proposal package issued
by the City.
For clarification of this offer contact: Telephone: 657-221-2762 Fax:
Name Frank Sandusky, Vice President, Transit Email: frank.saandusky@outfrontmedia.com
ne
OUTFRONT Media Group LLC ai
Company Name \ UW Authorized Signature for Offer
405 Lexington Ave, FL17 Richard Ament
Address Printed Name
New York NY 10174 Senior Vice President, Transit
City State Zip Code Title
ACCEPTANCE OF OFFER AND CONTRACT AWARD (For City of Peoria Use Only)
Your offer is accepted by the City, subject to approval of each written exception that your proposal contained. The contract consists of the following documents: 1.)
Request for Proposal issued by the City; 2.) Your offer in Response to the City's Request for Proposal; 3.) This written acceptance and contract award.
As the contractor, you are now legally bound to sell the materials and/or services listed by the attached award notice, based on the solicitation of proposals, including
all terms, conditions, specifications, amendments and your offer as now accepted by the City. The Contractor shall not commence any billable work or provide any
material, service or construction under this contract until the Contractor receives an executed Purchase Order or written Notice to Proceed.
Attested by: Loui Dyckman fou City of Peoria, Arizona. Effective Date: 08/12/2021
Rhonda Geriminsky, City Clerk Approved as to form:
Michael Dynes for
Vanessa P. Hickman, City Attorney
Contract Number:
Contract Awarded Date 08/11/2021
ACON19221
City Seal Unislne Saray
Copyright 2003 City of Peoria, Arizona Official File: — - -
Christine Finney, Materials Manager
Cc:
COP203 Rev(11/26/19)CF Page | of 33
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SOLICITATION AMENDMENT
Materials Management
Solicitation Number: P21-0045 Page 1 of 1 Procurement
Description/Service: Bus Stop Advertising 9875 N. 85" Ave., 29 Fl.
i . Peoria, AZ 85345
Solicitation Due Date: June 30, 2021 Phone: (623) 773-7115
Solicitation Due Time: 5:00 PM (AZ Time) Fax: (623) 773-7118
Amendment Number: One (1) Issue Date: 06 /10/21
A signed copy of this Amendment shall be submitted with the vendor’s bid/proposal
This solicitation is amended as follows:
The proposal due date is extended to June 30, 2021 by 5:00 p.m.
All other provisions of this Solicitation shall remain in their entirety.
Vendor hereby acknowledges receipt and agreement with the amendment
Signature Date
Frank Sandusky VP Transit West
Printed Name Tite
QUTFRONT Media
Conyign 2008 Gty of Peoti, Afzone
‘Company Name orn 08 Gor Ciaran ayo
ddd 3HL OL ADNVWHOSNOD | S m/f
BEST & FINAL OFFER
City of Peoria
FINANCE DEPARTMENT
MATERIALS MANAGEMENT
9875 North 85th Avenue
Peoria, Arizona 85345
malt 840! West Monroe Street
T 623.773.7115
F 623.773.7118
materialsmanagement@peoriaaz.gov
July 22, 2021
SENT VIA EMAIL TO: Frank.Sandusky@outfront.com
Richard Ament, Senior Vice President, Transit
Outfront Media Group, LLC
405 Lexington Avenue, FL17
Orange, CA 92868
Re: City of Peoria RFP # P21-0045
Bus Stop Advertising
Dear Mr. Ament:
The City of Peoria is requesting that Outfront Media Group, LLC provide a Best and Final Offer for the
Bus Stop Advertising Services solicitation. If you do not wish to submit a Best and Final Offer, your
previous offer will be considered as your Best and Final Offer. At a minimum, your Best and Final Offer
should address the following issues:
1. Provide your best and final rates by completing the attached Price Sheet.
2. Provide a date or timeline when your company can begin service, if awarded a contract.
Your written response will constitute the Best and Final Offer and should be submitted to my attention by
no later than 5:00 p.m. on Tuesday, July 27, 2021. The requested information should be sent via email to
Teresa.Andersen@peoriaaz.gov. If you have any questions please contact me at (623) 773-7981.
Sincerely,
Terry sate Contract Officer
Attachment
peoriaaz.gov
Materials Management
9875 N. 85" Ave., 29 FI.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
Contractor agrees to manage the CITY’s transit street furniture advertising, as awarded, for the term of the Contract,
and to make revenue payments to the CITY the greater of the percentage share of Net Sales Revenue derived from the
sale of the advertising space granted under this Agreement OR shall pay to the CITY a minimum annual guarantee
(adjusted annually). The percentage share of Net Sales Revenue proposed by Contractor shall be firm and fixed for the
term of the Contract.
As the Gross Sales Revenue is defined as the total amount charged for advertising services by the Advertising Contractor
to the Advertisers/Clients for use of Advertising Display Spaces, and the Net Sales Revenue is defined as Gross Sales
Revenue minus sales commissions (up to a maximum of 15% paid to outside advertising agencies), offerors are
cautioned the calculation of the Net Sales Revenue is subject to the provisions contained within Section Ill., Advertising
Installation, Subsection G. and accompanying subsections within the RFP, along with the other provisions of the RFP.
55
A. Percentage Share of Net Sales Revenue from Ad Sales %
B. Minimum Annual Guarantee (MAG) $ $60 ’ 000
(Monthly payments will equal minimum annual guarantee divided
12 months)
C. Optional Percentage Increase
(Provide Increase of revenue percentage over term of contract)
Year 1
Year 2
Year 3
Year 4
Year 5
COP223 Rev(11/26/19)CF Page 30 of 33
Materials Management
REQUEST FOR PROPOSAL Procurement
9875 N. 85" Ave., 2" Fl.
Peoria, Arizona 85345-6560
INSTRUCTIONS TO OFFEROR Phone: (623) 773-7115
Fax: (623) 773-7118
10.
11.
12.
PREPARATION OF PROPOSAL:
a. All proposals shall be on the forms provided in this Request For Proposal package. It is permissible to copy these forms if required.
Telegraphic (facsimile) or mailgram proposals will not be considered.
b. The Offer and Contract Award document (COP Form 203) shall be submitted with an original ink signature by a person authorized to
sign the offer.
c. Frasures, interlineations, or other modifications in the proposal shall be initialed in original ink by the authorized person signing the
‘endor Offer.
d If price is a consideration and in case of error in the extension of prices in the proposal, the unit price shall govern. No proposal shall
be altered, amended, or withdrawn after the specified proposal due date and time.
e. Periods of time, stated as a number of days, shall be calendar days. oo .
f. It is the responsibility of all Offerors to examine the entire Request For Proposal package and seek clarification of any item or
requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a
Proposal confers no right of withdrawal after proposal due date and time.
INQUIRIES: Any question related to the Request For Proposal shall be directed to the Buyer whose name appears on the front. The Offeror
shall not contact or ask questions of the department for which the requirement is being procured. Questions should be submitted in writing
when time permits. The wyer may require any and all questions be submitted in writing at the Buyer's sole discretion. Any correspondence
related to a Request For Proposal should refer to the appropriate Request For Proposal number, page, and paragraph number. However,
the Offeror shall not place the Request For Proposal number on the outside of any envelope containing questions since such an envelope
may be identified as a sealed proposal and may not be opened until after the official Request For Proposal due date andtime.
PROSPECTIVE OFFERORS CONFERENCE: A prospective offerors conference may be held. If scheduled, the date and time of this
conference will be indicated within this document. The purpose of this conference will be to clarify the contents of this Request For Proposal
in order to prevent any misunderstanding of the City's Resition. Any doubt as to the requirements of this Request For Proposal or any apparent
omission or discrepancy should be presented to the City at this conference. The City will then determine if any action is necessary and may
issue a written amendment to the Request for Proposal. Oral statements or instructions will not constitute an amendment to this Request for
roposal.
LATE PROPOSALS: Late Proposals will not be considered, except as provided by the City of Peoria Procurement Code. A vendor
submitting a late proposal shall be so notified.
WITHDRAWAL OF PROPOSAL: At any time prior to the specified proposal due date and time, a Vendor (or designated representative) may
withdraw the proposal. Telegraphic (facsimile) or mailgram proposal wi
withdrawals will not be considered.
AMENDMENT OF PROPOSAL: Receipt of a Solicitation Amendment (COP Form 207) shall be acknowledged by signing and returning the
document prior to the specified proposal due date and time.
PAYMENT: The City will make every effort to process payment for the purchase of goods or services within thirty (30) calendar days after
receipt of goods or services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion
of the account. Any proposal that requires payment in less than thirty (30) calendar days shall not be considered.
NEW: All items shall be new, unless otherwise stated in the specifications.
DISCOUNTS: Payment discount periods will be computed from the date of receipt of material/service or correct invoice, whichever is later,
to the date Buyer's payment is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of
invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the proposal price in determining the evaluating pricing.
However, the Buyer shall be entitled to take advantage of any payment discount offered by the Vendor provided payment is made within the
iscount period.
TAXES: The City of Peoria is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be indicated
as a separate item.
VENDOR REGISTRATION: After the award of a contract, the successful Vendor shall have a completed Vendor Registration Form (COP
Form 200) on file with the City of Peoria Materials Management Division.
AWARD OF CONTRACT:
a. Unless the Offeror states otherwise, or unless provided within this Request For Proposal, the City reserves the right to award by
individual line item, by group of line items, or as a total, whichever is deemed most advantageous to fhe City.
b. Notwithstanding any other provision of this Request For Proposal, The City expressly reserves the right to:
{3} Waive any immaterial defect or informality: or
2 Reject any or all proposals, or portions thereof, or
(3) Reissue a Request For Proposal.
c. A response to a Request For Proposal is an offer to contract with the City based upon the terms, conditions and specifications contained
in the City's Request For Proposal and the written amendments thereto, if any. Proposals do not become contracts unless_and until
they are accepted by the City Council. A contract is formed when written notice of award(s) is provided to the successful Offeror(s).
The contract has its inception in the award document, eliminating a formal signing of a separate contract. For that reason, all of the
terms and conditions of the procurement contract are contained in the Request For Proposal; unless modified by a Solicitation
Amendment (COP Form 207) or a Contract Amendment (COP Form 217).
COP203 Rev(11/26/19)CF Page 2 of 33
Materials Management
STANDARD Procurement
9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.
1.
CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page (COP Form 203), the Vendor
certifies:
a. The submission of the offer did not involve collusion or other anti-competitive practices.
The Vendor shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order
11246.
c. The Vendor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip favor, or service to a public servant in connection with the submitted
offer. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and
the vendor may be debarred.
GRATUITIES: The City may, by written notice to the Contractor, cancel this contract if it is found by the City that gratuities, in
the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor,
to any officer or employee of the City with a view toward securing an order, securing favorable treatment with respect to the awarding,
amending, or the making of any determinations with respect to the performing of such order. In the event this contract is cancelled
by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold
from the Contractor the amount of the gratuity. Paying the expense of normal business meals which are generally made available to
all eligible city government customers shall not be prohibited by this paragraph.
APPLICABLE LAW: In the performance of this agreement, contractors shall abide by and conform to any and all laws of the
United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders providing for equal
employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws
applicable to this agreement.
Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act, including
Section 508, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In addition, if this
agreement pertains to construction, Contractor must also comply with A.R.S. § 34-301, as amended (Employment of Aliens on
Public Works Prohibited) and A.R.S. § 34-302, as amended (Residence Requirements for Employees).
Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors
(“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations
that relate to their employees and A.R.S. § 23-214(A) (hereinafter, “Contractor Immigration Warranty”).
A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject Contractor
to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at its sole discretion,
conduct random verification of the employment records of Contractor and any Subcontractors to ensure compliance with the
Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed.
Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if
Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by §§
274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A).
The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who provide
services under this agreement or any subcontract. “Services” is defined as furnishing labor, time or effort in the State of Arizona
by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility
or improvement to real property.
Contractor warrants, for the term of this agreement and for six months thereafter, that is has fully complied with the requirements
of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities.
This contract shall be governed by the City and Contractor shall have all remedies afforded each by the Uniform Commercial
Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to the
City. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought only in
courts in the State of Arizona.
This contract is subject to the provisions of ARS §38-511; the City may cancel this contract without penalty or further obligations
by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or
COP203 Rev(11/26/19)CF Page 3 of 33
Materials Management
STANDARD Procurement
9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
creating the contract on behalf of the City or any of its departments or agencies, is at any time while the contract or any extension of
the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the
contract with respect to the subject matter of the contract.
4. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria
Procurement Code.
5. CONTRACT: The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions, all terms
and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the offer submitted by the Vendor
in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer, the provisions and
requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any contractual terms with
the concurrence of the Contractor, and such written contract shall govern in case of conflict with the applicable requirements stated
in the Solicitation or the Vendor's offer. The Solicitation shall govern in all other matters not affected by the written contract.
6. CONTRACT AMENDMENTS: This contract may be modified only by a written Contract Amendment (COP Form 217) signed
by persons duly authorized to enter into contracts on behalf of the City and the Contractor.
7. CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and other
requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other documents, which have
been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract.
8. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the contract will
be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is
not correctly inserted, then upon the application of either party, the contract will forthwith be physically amended to make such
insertion or correction.
9. SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be invalid
shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or
application.
10. RELATIONSHIP TO PARTIES: It is clearly understood that each party will act in its individual capacity and not as an agent,
employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to
be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments
will not be withheld from any City payments issued hereunder and that the Contractor should make arrangements to directly pay
such expenses, if any.
11. INTERPRETATION-PAROL EVIDENCE: This contract represents the entire agreement of the Parties with respect to its
subject matter, and all previous agreements, whether oral or written, entered into prior to this contract are hereby revoked and
superseded by this contract. No representations, warranties, inducements or oral agreements have been made by any of the Parties
except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out
the provisions of this contract. This contract may not be changed, modified or rescinded except as provided for herein, absent a
written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and of noeffect.
12, NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest in
this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated successor
or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may cancel this Contract
in the event Contractor undertakes a delegation or assignment without first obtaining the City’s written approval. Contractor agrees
and acknowledges that it would not be unreasonable for the City to decline to approve a delegation or assignment that results in a
material change to the services provided under this Contract or an increased cost to the City.
13, SUBCONTRACTS: No subcontract shall be entered into by the contractor with any other party to furnish any of the material,
service or construction specified herein without the advance written approval of the City. The prime contractor shall itemize all sub-
contractors which shall be utilized on the project. Any substitution of sub-contractors by the prime contractor shall be approved by
the City and any cost savings will be reduced from the prime contractor's proposal amount. All subcontracts shall comply with
Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms
and conditions set forth herein which shall apply with equal force to the subcontract and if the Subcontractor were the Contractor
referred to herein. The Contractor is responsible for contract performance whether or not Subcontractors are used.
COP203 Rev(11/26/19)CF Page 4 of 33
Materials Management
STANDARD Procurement
9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
14. RIGHTS AND REMEDIES: No provision in this document or in the vendor's offer shall be construed, expressly or by implication,
as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of
contract. The failure of the City to insist upon the strict performance of any term or condition of the contract or to exercise or delay
the exercise of any right or remedy provided in the contract, or by law, or the City's acceptance of and payment for materials or
services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be
deemed a waiver of any right of the City to insist upon the strict performance of the Contract.
15. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,
its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses
(including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to
have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of
subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use
resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including
any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or
services the Contractor may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the
indemnity in this paragraph.
16. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from antitrust
violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and
all claims for such overcharges as to the goods and services used to fulfill the Contract.
17. FORCE MAJEURE: Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this
Contract if and to the extent that such party's performance of this Contract is prevented by reason of force Majeure. The term “force
majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without
limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror, hate crimes affecting public
order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or
refusals to act by government authority; events or obstacles resulting from a governmental authority’s response to the foregoing; and
other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising
reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other
party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure
prevent the party from resuming performance in accordance with this Contract.
Force majeure shall not include the following occurrences:
a. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of
the market, inefficiencies, or similar occurrences.
b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force
Majeure term and Condition.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages
or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at
any time in the progress of the work by force majeure, then the delayed party shall notify the other party in writing of such delay
within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be
hand delivered or mailed Certified-Return Receipt and shall make a specific reference to this article, thereby invoking its provisions.
The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of
completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay
prevent the delayed party from performing in accordance with this contract.
18. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to
perform he may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made
and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
COP203 Rev(11/26/19)CF Page 5 of 33
Materials Management
STANDARD Procurement
9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
20.
21.
22.
23.
24,
25.
26.
27.
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29.
30.
31.
32.
. RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any Contractor as
related to any contract held with the City. This right to audit also empowers the City to inspect the papers of any Contractor or
Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is complying with the Contractor
Immigration Warranty made pursuant to Paragraph 3 above.
RIGHT TO INSPECT PLANT: The City may, at reasonable times, inspect the part of the plant or place of business of a Contractor
or Subcontractor which is related to the performance of any contract as awarded or to be awarded.
WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform to the
specifications of this contract. Unless otherwise stated in Contractor's response, the City is responsible for selecting items, their use,
and the results obtained from any other items used with the items furnished under this contract. Mere receipt of shipment of the
material/service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor
or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in thesolicitation.
INSPECTION: All material and/or services are subject to final inspection and acceptance by the City. Materials and/or services
failing to conform to the specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so
returned, all costs are the responsibility of the Contractor. The City may elect to do any orall:
a. Waive the non-conformance.
b. Stop the work immediately.
c. Bring material into compliance.
This shall be accomplished by a written determination for the City.
TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service shall not pass to the City until the City actually
receives the material or service at the point of delivery, unless otherwise provided within this Contract.
NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of the
Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.
DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials
in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials or
a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.
SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no
tender of a bill of lading will operate as a tender of the materials.
LIENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens shall be
delivered to the City.
LICENSES: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation
of the business conducted by the Contractor as applicable to this Contract.
PATENTS AND COPYRIGHTS: All services, information, computer program elements, reports and other deliverables, which
may be patented or copyrighted and created under this contract are the property of the City and shall not be used or released by the
Contractor or any other person except with the prior written permission of the City.
PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications shall seek
to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the
City's needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications,
other than fees paid for the preparation of specifications.
COST OF BID/PROPOSAL PREPARATION: The City shall not reimburse the cost of developing presenting or providing any
response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate
information in a straightforward and concise manner.
PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall become a
matter of public record available for review, subsequent to the award notification, in accordance with the City’s Procurement Code.
However, subsequent to the award of the contract, any information and documents obtained by the City during the course of an audit
conducted in accordance with Paragraph 19 above for the purpose of determining compliance by Contractor or a Subcontractor with
COP203 Rev(11/26/19)CF Page 6 of 33
Materials Management
STANDARD Procurement
9875 N. 85" Ave., 2" Fl.
TERMS AND CONDITIONS Peoria, Arizona 85345-6560
Phone: (623) 773-7115
Fax: (623) 773-7118
33.
34,
35.
36.
37.
38.
the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain confidential and shall not be made available for
public review or produced in response to a public records request, unless the City is ordered or otherwise directed to do so by a court
of competent jurisdiction.
ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written consent of
the City.
DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract. All such
documents shall reference the contract number as indicated on the Offer and Contract Award (COP Form 203).
FUNDING: Any contract entered into by the City of Peoria is subject to funding availability. Fiscal years for the City of Peoria are
July 1 to June 30. The City Council approves all budget requests. If a specific funding request is not approved, the contract shall be
terminated.
PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued
prior to receipt of material and/or services and correct invoice.
PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any written
form any City elected official or any City employee other than the Materials Management Division, the procuring department, City
Manager, Deputy City Manager or City Attorney’s office (for legal issues only) regarding the contents of this solicitation or the
solicitation process commencing from receipt of a copy of this request for proposals and ending upon submission of a staff report
for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror’s proposal for violation of this
provision. This provision shall not prohibit an Offeror from petitioning an elected official after submission of a staff report for
placement on a City Council agenda or engaging in any other protected first amendment activity after submission of a staff report
for placement on a City Council agenda.
PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall not make a contribution
reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee for any city
elective office during the term of this Agreement. The City reserves the right to terminate the Agreement without penalty for any
violation of this provision.
COP203 Rev(11/26/19)CF Page 7 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
Purpose: Pursuant to provisions of the City Procurement Code, the City of Peoria, Materials Management Division intends
to establish a contract for Bus Stop Advertising.
Authority: This Solicitation as well as any resultant contract is issued under the authority of the City. No alteration of any
resultant contract may be made without the express written approval of the City Materials Manager in the form of an official
contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the City
Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not
limited to, contract cancellation, suspension and/or debarment of the contractor.
Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires an offer in response to this
Solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
Eligible Agencies: Any contract resulting from this Solicitation shall be for the use of all City of Peoria departments,
agencies and boards.
Cooperative Purchasing: While this contract is for the City of Peoria, other public agencies and political subdivisions
may express interest in utilizing the contract. In addition to the City of Peoria, and with approval of the contractor, this
contract may be extended for use by other eligible public agencies (i.e. municipalities, school districts, nonprofit educational
institutions, public health institutions, community facilities districts, and government agencies of the State). Eligible public
agencies may elect to utilize the contract through cooperative purchasing (or piggybacking) on the contract and do so at
their discretion. No volume is implied or guaranteed, and the contractor must be in agreement with the cooperative
transaction. The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other public agencies,
have signed an intergovernmental cooperative purchase agreement to obtain economies of scale. As a member of SAVE,
the City of Peoria will act as the lead agency. Any such usage by other participating public agencies must be in accordance
with the ordinance, charter and/or procurement rules and regulations of the respective public agency. Potential participating
public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community
facilities districts, and government agencies of the State) recognize potential equipment, logistical and capacity limitations
by the contractor may limit the contractor’s ability to extend use of this contract. Any orders placed to the contractor will
be placed by the specific public agency participating in this purchase, and payment for purchases made under this agreement
will be the sole responsibility of each participating public agency. The City of Peoria shall not be responsible for any
disputes arising out of transactions made by others.
Contract Type: Term
Term of Contract: The term of any resultant contract shall commence on the first day of the month following the date of
award and shall continue for a period of five (5) years thereafter, unless terminated, cancelled or extended as otherwise
provided herein.
Contract Extension: By mutual written contract amendment, any resultant contract may be extended for supplemental
periods of up to a maximum of sixty (60) months.
Proposal Opening: Proposals shall be submitted no later than the due date and time indicated in the request for proposals.
All information contained in the proposals shall be deemed as exempt from public disclosure based on the City’s need to avoid
disclosure of contents prejudicial to competing Offerors during the process of negotiation. The proposals shall not be open
for public inspection until after contract award. PRICES SHALL NOT BE READ. After contract award, the successful
proposal and the evaluation documentation shall be open for public inspection
. Discussions: In accordance with the City of Peoria Procurement Code, after the initial receipt of proposals, discussions may
be conducted with Offerors who submit proposals determined to be reasonably susceptible of being selected foraward.
. Interview Guidelines: During any requested interview, which would be scheduled in the future, be prepared to discuss your
firm's proposal, staff assignments, project approach and other pertinent information. The presentation shall be approximately
30 minutes, allowing 15 minutes for a question and answer session. The Contractor's Project/Team Manager shall lead the
presentation team and answer questions on behalf of the Contractor. If work involves a major sub-contractor, the firms
Project/Team Manager's presence may also be requested (by the City) at the interview.
COP209 Rev(11/26/19)CF Page 8 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
20.
. Affirmative Action Report: It is the policy of the City of Peoria that suppliers of goods or services to the City adhere to a
policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race,
color, religion, gender, national origin, age or disability. The City of Peoria encourages diverse suppliers to respond to
solicitations for products or services.
. Performance Warranty: Contractor warrants that the services rendered in performance will conform to the requirements
and to the highest professional standards of the industry.
. Permits and Approvals: Contractor agrees and undertakes to obtain necessary permits and approvals from all local, state
and federal authorities for the project.
. Inspection: All work shall be subject to inspection, surveillance, and test by the City at reasonable times during the
performance. The Contractor shall provide and maintain an inspection system which is acceptable to the City.
. Investigation of Conditions: The Contractor warrants and agrees familiarity of the work that is required, is satisfied as to
the conditions under which is performed and enters into this contract based upon the Contractor’s own investigation.
. Compensation: Compensation for services shall be based upon fees negotiated, including all approved costs and expenses
incurred in connection with the project; including but not limited to, telephone and other communications, reproduction of
documents, special consultants (as approved by the City) and computer costs.
. Acceptance: Determination of the acceptability of work shall be completed in a responsive and professional manner and in
accordance with the specifications, schedules, or plans which are incorporated in the Scope of Work.
. Shipping Terms: Prices shall be F.O.B. Destination to the delivery location designated herein. Contractor shall retain title
and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation
and all related charges shall be the responsibility of the contractor. All claims for visible or concealed damage shall be filed
by the contractor. The City will notify the contractor promptly of any damaged goods and shall assist the contractor in
arranging for inspection.
Insurance Requirements: The Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated
minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved unlicensed
in the State of Arizona with policies and forms satisfactory to the City.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed
under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion
of the City, constitute a material breach of this Contract.
The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by
the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy
warranty shall not affect coverage afforded under the insurance policies to protect the City.
The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation)
against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor's
acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or
self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The
Contractor shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require
the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein
required insurance policies and endorsements. The City shall not be obligated, however, to review same or to advise Contractor
of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a
waiver of the City's right to insist on, strict fulfillment of Contractor's obligations under this Contract.
COP209 Rev(11/26/19)CF Page 9 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.
21. Required Insurance Coverage:
a.
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each
occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification
provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG
00011207 or any replacements thereof. The coverage shall not exclude X, C, U.
Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation
clause, nor any provision which would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service
Office, Inc.'s Additional Insured, Form B, CG 20370704, and shall include coverage for Contractor's operations and
products and completed operations.
Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and
maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner's and
Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise
in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company
that issues the Contractor's Commercial General Liability insurance.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's any owned, hired,
and non-owned vehicles assigned to or used in performance of the Contractor's work. Coverage will be at least as broad
as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00010306, or any replacements thereof).
Such insurance shall include coverage for loading and offloading hazards. If hazardous substances, materials or wastes
are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and
property damage shall apply.
Workers' Compensation
The Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's
Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease
policy limit.
In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers' Compensation and
Employer's Liability to at least the same extent as required of the Contractor.
Professional Liability
The Contractor retained by the City to provide the work or service required by this Contract will maintain Professional
Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by the
Contractor, or any person employed by the Contractor, with a limit of not less than $1,000,000 each claim.
22. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall furnish the City with
Certificates of Insurance, and formal endorsements as required by the Contract, issued by Contractor's insurer(s), as evidence
that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect.
COP209 Rev(11/26/19)CF Page 10 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
23.
24.
25.
26.
27.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made” basis, coverage shall extend
for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to
the expiration date.
All Certificates of Insurance shall be identified with a contract number.
Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to the City.
Independent Contractor:
a, General
i. The Contractor acknowledges that all services provided under this Agreement are being provided by him as an
independent contractor, not as an employee or agent of the City Manager or the City of Peoria.
ii. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other
contracts nor prohibited from practicing his profession elsewhere.
b. Liability
i. The City of Peoria shall not be liable for any acts of Contractor outside the scope of authority granted under this
Agreement or as the result of Contractor’s acts, errors, misconduct, negligence, omissions and intentional acts.
c. Other Benefits
The Contractor is an independent contractor, therefore, the City Manager will not provide the Contractor with health
insurance, life insurance, workmen’s compensation, sick leave, vacation leave, or any other fringe benefits. Further,
Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA).
Any such fringe benefits shall be the sole responsibility of Contractor.
Confidential Information:
a. Ifa person believes that a bid, proposal, offer, specification, or protest contains information that should be withheld, a
statement advising the Materials Manager of this fact shall accompany the submission and the information shall be
identified.
b. The information identified by the person as confidential shall not be disclosed until the Materials Manager makes a written
determination.
c, The Materials Manager shall review the statement and information and shall determine in writing whether the information
shall be withheld.
d. Ifthe Materials Manager determines to disclose the information, the Materials Manager shall inform the offeror in writing
of such determination.
Confidentiality of Records: The contractor shall establish and maintain procedures and controls that are acceptable to the
City for the purpose of assuring that information contained in its records or obtained from the City or from others in carrying
out its functions under the contract shall not be used or disclosed by it, its agents, officers, or employees, except as required
to efficiently perform duties under the contract. Persons requesting such information should be referred to the City. Contractor
also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of
contractor as needed for the performance of duties under the contract.
Identity Theft Prevention: The Contractor shall establish and maintain Identity Theft policies, procedures and controls for
the purpose of assuring that “personal identifying information,” as defined by A.R.S. § 13-2001(10), as amended, contained
in its records or obtained from the City or from others in carrying out its responsibilities under the Contract, is protected at all
times and shall not be used by or disclosed to unauthorized persons. Persons requesting such information should be referred
COP209 Rev(11/26/19)CF Page 11 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
28.
29.
30.
31.
32.
to the City. Contractor also agrees that any “personal identifying information” shall not be disclosed other than to employees
or officers of Contractor as needed for the performance of duties under the Contract. Contractor agrees to maintain reasonable
policies and procedures designed to detect, prevent and mitigate the risk of identity theft. Contractor is required under this
contract to review the City of Peoria’s Identity Theft Program and to report to the Program Administrator any Red Flags as
defined within that program. At a minimum, the contractor will have the following Identity Theft procedures in place:
a. Solicit and retain only the “personal identifying information” minimally necessary for business purposes related to
performance of the Contract.
b. Ensure that any website used in the performance of the contract is secure. If a website that is not secure is to be used,
the City shall be notified in advance before any information is posted. The City reserves to right to restrict the use of
any non-secure websites under this contract.
c. Ensure complete and secure destruction of any and all paper documents and computer files at the end of the contracts
retention requirements.
d. Ensure that office computers are password protected and that computer screens lock after a set period of time.
e. Ensure that offices and workspaces containing customer information are secure.
f. Ensure that computer virus protection is up to date
Ordering Process: Upon award of a contract by the City of Peoria, Materials Management Division may procure the specific
material and/or service awarded by the issuance of a purchase order to the appropriate contractor. The award of a contract
shall be in accordance with the City of Peoria Procurement Code and all transactions and procedures required by the Code for
public competition have been complied with. A purchase order for the awarded material and/or service that cites the correct
contract number is the only document required for the department to order and the contractor to deliver the material and/or
service.
Any attempt to represent any material and/or service not specifically awarded as being under contract with the City of Peoria
is a violation of the contract and the City of Peoria Procurement Code. Any such action is subject to the legal and contractual
remedies available to the City inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the
contractor.
City of Peoria Business License: Peoria City Code requires that all persons conducting business in the City of Peoria must
first obtain a license. This includes businesses within the Peoria city limits, or those outside the limits who conduct business
or perform services within Peoria. For business license questions or to obtain a license, please contact the City of Peoria Sales
Tax & License Division at (623) 773-7160 or via email at salestax@peoriaAZ. gov.
Business in Arizona: The City will not enter contracts with foreign corporations not granted authority to transact business,
or not in good standing, in the state of Arizona by the Arizona Corporation Commission. Businesses outside of Arizona may
file documents to obtain a business license from the Arizona Corporation Commission. Information is available on the Arizona
Corporation Commission's website at https://www.azcc.gov for more information. Businesses are cautioned the processing
time can be lengthy.
Contract Termination: Any contract entered into as a result of this Solicitation is for the convenience of the City and as
such, may be terminated without default by the City by providing a written thirty (30) day notice oftermination.
Cancellation: The City reserves the right to cancel the whole or any part of this contract due to failure by the contractor to
carry out any obligation, term or condition of the contract. The City will issue written notice to the contractor for acting or
failing to act in any of the following:
a. The contractor provides material that does not meet the specifications of the contract;
b. The contractor fails to adequately perform the services set forth in the specifications of the contract;
c. The contractor fails to complete the work required or to furnish the materials required within the time stipulated in the
contract;
COP209 Rev(11/26/19)CF Page 12 of 33
SPECIAL TERMS AND Materials Management
CONDITIONS Procurement
9875 N. 85" Ave., 2" Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
33.
34,
d. The contractor fails to make progress in the performance of the contract and/or gives the City reason to believe that the
contractor will not or cannot perform to the requirements of the contract.
Upon receipt of the written notice of concern, the contractor shall have ten (10) days to provide a satisfactory response to the
City. Failure on the part of the contractor to adequately address all issues of concern may result in the City resorting to any
single or combination of the following remedies:
a. Cancel any contract;
b. Reserve all rights or claims to damage for breach of any covenants of the contract;
c. Perform any test or analysis on materials for compliance with the specifications of the contract. If the results of any test
or analysis find a material non-compliant with the specifications, the actual expense of testing shall be borne by the
contractor;
d. Incase of default, the City reserves the right to purchase materials, or to complete the required work in accordance with
the City Procurement Code. The City may recover any actual excess costs from the contractor by:
i. Deduction from an unpaid balance;
ii, Any combination of the above or any other remedies as provided by law.
Protest Policy and Procedures: The City of Peoria protest policy and procedures are available for review at the following
public websites.
A. The City of Peoria Protest Policy and Procedures are available online at https://www.peoriaaz.gov/government/city-
law/city-code. The policy is contained within the City of Peoria Procurement Code, Chapter 26 - Administration, section
26-121. Procurement Code Protests; Informal and Formal.
B. The specific protest procedures are contained in the Materials Management “Procurement Guidelines” and can be
accessed at http://www.peoriaaz.gov/procurement.
Equipment/Safety: Contractor shall be responsible for providing and for the placement of barricades, tarps, plastic, flag tape
and other safety/traffic control equipment required to protect its employees, the public, surrounding areas, equipment and
vehicles.
The flow of vehicular traffic shall not be impeded at any time during the project. The safety of Contractor’s employees and
the public is of prime concert to the CITY, and Contractor shall take all necessary steps to assure proper safety during the
performance of Contractor.
Contractor personnel shall wear appropriate attire, reflective safety vests, and identification badges while working. All work
performed within the CITY right of way shall adhere to the Peoria Engineering Standards Manual (PESM).
35. Damage to City Property:
Contractor shall perform all work so that no damage to the building or grounds results. Contractor shall repair any damage
caused to the satisfaction of the CITY at no cost to the CITY.
Contractor shall take care to avoid damage to adjacent finished materials that are to remain. If finished materials are
damaged, Contractor shall repair and finish to match existing materials as approved by the CITY at Contractor’s expense.
COP209 Rev(11/26/19)CF Page 13 of 33
Materials Management
SCOPE OF WORK Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
I DEFINITIONS.
For purposes of this solicitation, the following definitions shall apply:
ADA - Americans with Disabilities Act
AD Bench - Seating area with advertising space
Ad Kiosk — A two or three sided information board structure with one or two, respectively, sides/ad panels dedicated
to the display of commercial advertising and CITY information.
Ad Panels — The space designated for the display for commercial advertising.
Advertiser — Same as CLIENT.
Advertising Contractor — Same as CONTRACTOR
Advertising Display Space — Framed area within an ad bus shelter, ad bench, or ad kiosk for the purpose of displaying
advertisements.
Advertising Furniture — Bus stop amenity items containing advertising space including ad bus stop shelters, ad kiosks,
and ad benches.
Authorized Representative — The person who is executing this contract for the Offeror and is authorized to bind the
Offeror’s firm.
Barter/Trade — Exchanging merchandise, or something other than money for advertising display space.
Bonus/Override/Overposting — Award of free advertising space by Contractor to clients who purchase other
advertising display space.
Bus Stop — Passenger and bus operations area. Passenger activities include waiting, boarding, unloading and
circulation to and from adjacent areas.
Bus Stop Shelter — Combination of transit street furniture that typically includes a shade structure, seating, kiosk, solar
light unit, and trash receptacles(s), owned by the CITY.
Client — Entity that contracts with the Contractor to purchase display space on transit advertising furniture. See also
ADVERTISER.
Client contract — Written, signed and implemented agreement between the Contractor and client, which records in
sufficient detail the cost, duration, and number of advertisements to be installed on transit advertising furniture.
Complaint — A grievance from the public.
Contract Year — The 12-month period from the start of the Agreement
Copy — Written words or graphics within an advertisement.
Cut-Outs/Embellishments — Any lettering, image or mechanical device that extends beyond the standard face of an
advertising display space to attract more attention.
Face — Individual advertising display space on transit advertising furniture.
Fiscal year — The 12-month period between July 1 and June 30.
Graffiti — Written or etched inscription or scribbling, stickers.
Gross Sales Revenue — The total amount charged for advertising services by the advertising Contractor to
Advertisers/Clients for use of Advertising Display Spaces.
Hazard — Some form of danger to persons and or property.
Installation device — Placement of advertising material within Advertising Display Space. See also POSTING.
Mandatory Copy — Copy required by law to appear on the advertising of certain products, such as liquor and attorney
ads.
Net Sales revenue — Gross Sales Revenue minus sales commissions (up to a maximum of 15%) paid to outside
advertising agencies.
Non-Advertising Furniture — see Transit Furniture without Advertising Displays.
Occupancy Rate — Average percentage of advertising display spaces filled with advertisement copy.
Painted Bulletin — Artwork painted onto posters or the advertising furniture itself.
Performance — Ability of an Offeror and/or Contractor to comply, during the expected contract life, with all
contractual terms and conditions specified in the RFP.
Posting — See INSTALLATION.
COP209 Rev(11/26/19)CF Page 14 of 33
Materials Management
SCOPE OF WORK Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
Prior Contractor — Advertising Contractor who had an Agreement with the City of Peoria Transit Department
immediately prior to the implementation of this current Agreement.
Proposal — Written document submitted by a proposer in response to the RFP.
RFP — Request for Proposal
Successor Contractor — Advertising Contractor who holds, or will hold, an Agreement with the City of Peoria Transit
Department immediately succeeding this current Agreement.
TOC — Transit operations contractor.
Transit Furniture — Outdoor furniture used for public transit passenger amenities, owned or controlled by the City of
Peoria Transit Department, including bus stop shelters and associated kiosks and trash receptacles, and seating.
Transit Furniture with Advertising Displays — Transit Furniture locations with advertising display space for use by
Contractor.
Transit Furniture without Advertising Displays — Transit Furniture not available for use by Contractor.
Transit Information Posters — Any information piece developed, printed, or sponsored by the CITY that promotes or
identifies services and programs related to the operation, funding, safety, or other associated issues relevant to the
public transit system.
Transit Street Furniture — Same as Transit Furniture.
TRANSIT STREET FURNITURE ADVERTISING PROGRAM
A. Introduction.
The Transit Street Furniture advertising program is a revenue generating program for the CITY. The purpose of
this program is to generate maximum revenue for the CITY to enhance the passenger services it provides via the
public transit system. Contractor shall use its best efforts to sell all available advertising space to generate the
highest advertising revenues possible. Contractor, on behalf of CITY, shall manage and take full responsibility for
the transit furniture advertising programs for the CITY. Work under this Contract shall consist of the management
of the sale of advertising, production, installation/removal of advertising materials, maintaining advertising
display space in satisfactory condition to meet advertising client and CITY expectations, as well as ensuring CITY
assets are handled and maintained properly.
The CITY jurisdictional boundaries encompass approximately one hundred seventy-nine (179) square miles, in
which there are currently four bus routes. The CITY is also part of the Valley Metro public transit system, but only
property and services under the control of the CITY shall be subject to this Agreement.
As of July 2021, the CITY plans to own all existing transit street furniture (as described in Exhibit B) and shall make
the entire inventory of advertising assets available to Contractor.
Contractor shall be responsible for all costs associated with installation, maintenance, and restoration of advertising
pertaining to transit furniture which shall be accomplished with Contractor’s personnel.
B. Transit Street Furniture Advertising Program.
The CITY installs transit street furniture primarily for the comfort of passengers using the public transit system.
Location and choice of transit street furniture is usually determined by ridership need and availability of resources.
Typically, the CITY intends to have transit advertising furniture at those bus stops with the highest transit ridership,
subject to CITY restrictions, that are also large enough to physically accommodate the furniture. The CITY recognizes
the advantage of the Transit Street Furniture Advertising Program in generating revenue, but expects Contractor to
maintain a professional advertising environment with minimal interference or disruption to the public transit
system.
COP209 Rev(11/26/19)CF Page 15 of 33
Materials Management
SCOPE OF WORK Procurement
9875 N. 85" Ave., 2° Fl.
Peoria, Arizona 85345-6560
Solicitation Number: P21-0045 Phone: (623) 773-7115
Fax: (623) 773-7118
Currently, there are approximately one hundred forty-two (142) bus stops in the CITY. Of those bus stops, 38 are
currently designated transit advertising furniture locations equipped with Advertising Display Faces. These
locations include shelters with stand-alone kiosks.
The number of bus stops and the number and types of transit street furniture units are subject to addition or
elimination depending on the level of transit services and corresponding funding, changes to zoning ordinances,
and other impacts to the transit system.
Contractor shall assume responsibility for the sale of space on all transit street furniture equipped with
advertising display space. Contractor shall have the exclusive right to the advertising display spaces on CITY
transit advertising furniture.
It is anticipated work under this contract may include, but not be limited to: production; installation and removal
of advertisements; replacement of all transparent protective coverings on ad panels, as necessary; replacement of
advertisement hangers and hardware, as necessary, to display advertisement correctly; and cleaning of
advertising transparent protective surfaces.
An inventory of all existing transit advertising furniture owned by the CITY is included in Exhibit B. Contractor
shall assume the existing advertising spaces on transit furniture in its present condition. During the term of the
Contract, the CITY may provide additional advertising assets to Contractor for its use in performing its contractual
services. An inventory of all non-advertising transit furniture locations are included in Exhibit C.
Generally, each transit advertising shelter shall have a maximum of two (2) advertising panels, which shall be
located only on the stand-alone advertising kiosk.
The current bus stop furniture design in use today by the CITY includes a stand-alone kiosk that measures
approximately 4’ x 6’ and shall have the ability to hold an advertisement poster 48” X 70” in size. CITY reserves
the right to change the bus stop furniture design at any time.
The CITY may replace future transit street furniture with a completely different design and available advertising
space may differ.
C. Standards and Conduct.
Although not an employee of the CITY, Contractor, in performing under this Contract, is the face of the CITY with
regards to the CITY’s Transit Advertising Program. For this reason, while performing under this Contract,
Contractor and its officers, directors, employees, agents, and subcontractors shall present and conduct
themselves in a manner that reflects credit upon the CITY and must do nothing that reflects negatively upon CITY,
cause the CITY to be held in disrepute, or subject the CITY to criticism.
D. Future changes.
The CITY continually evaluates transit service and is creating a Transit Master Plan to be completed by June 30,
2021. Additional changes could be expected as new components of the plan are implemented in future years, as
well as the service changes, which occur every April and October.
E. Content Approval.
Contractor is to make the initial determination as to whether a proposed advertisement is compliant with the
Transit Advertising Standards. All advertisements, including ad copy changes, shall meet Transit Advertising
Standards (Exhibit A), as those standards are changed from time to time, and shall be submitted to the CITY for
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