246849Add1.pdf

ADDENDUM NO. 1

Sealed Proposal # 24-6849 Request for Proposals

Transit Bus Advertising Services Cobb County Department of Transportation

Date: September 12, 2024

The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum.

This Addendum consists of:

• Minutes, Questions and Clarifications from Pre-Proposal Meeting on September 10, 2024

• Sign-In Sheet(s) from Pre-Proposal Meeting

• Questions Submitted in Writing

• Attachment – Bus Wrap

• Attachment – Bus Stop Latitude Longitude

• Attachment – Transit Bus Advertising Agreement & Amendments

• Attachment – Historical Revenue by Fiscal Year

Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to proposal submittal.

This acknowledgment form must be signed, dated, and included with your submitted proposal

Company Name Date

Signature

Print Name

All proposals must be received before 12:00 (noon) by the Proposal Close date. Proposals shall be delivered to Cobb County Purchasing Department, 122 Waddell Street, Marietta, GA

30060.

ADDENDUM NO. 1

Sealed Proposal # 24-6849

Request for Proposals Transit Bus Advertising Services

Cobb County Department of Transportation

Date: September 12, 2024

A. Pre- Proposal Meeting – 10:00 AM, September 10, 2024, Paratransit and Maintenance Facility, CobbLinc Headquarters, 431 Commerce Park Drive Marietta, GA 30060

1. Proposal Submission Procedures

• Proposals are due September 26, 2024 before 12:00 PM, noon, at the Cobb County Procurement Services Department, 122 Waddell Street NE, Marietta, GA 30060. For GPS directions, please use the following address: 121 Haynes Street, Marietta, GA 30060.

• Late proposals will not be accepted.

• Proposals will be opened at 2:00 PM on the same day at the Cobb County Procurement Services

Department, 122 Waddell Street NE, Marietta, GA 30060.

• The proposal opening may also be watched on Cobb County’s government access channel TV23 or the website (www.cobbcounty.org).

• A Georgia Security & Immigration Act Affidavit (Exhibit A) must be included with the proposal. It must be signed and notarized; it must include the E-Verify number to be deemed as completed; if it is not included the proposal will be deemed non-responsive.

• Mark all packages with the company name and proposal number. Use the label in the proposal package.

• If addenda are issued, receipt of each addendum MUST be acknowledged in the submitted proposal.

It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to proposal submittal. The acknowledgement form issued with each addendum must be signed, dated, and included with your submitted proposal. Failure to acknowledge addenda may result in the proposal being deemed nonresponsive. Addenda can be located at www.cobbcounty.org/procurement-services.

• One (1) original, one (1) copy and one (1) identical electronic copy on flash drive of the proposal must be submitted. Mark the box with the original copy with number 1.

• All questions must be submitted to Cobb County Procurement Services Department by September 17, 2024 at 5:00 PM. Questions may be faxed to (770) 528 –8428 or emailed to procurementservices@cobbcounty.org. Please reference the proposal number and proposal title on all questions.

• See the attached sign in sheet from the Pre-Proposal conference.

http://www.cobbcounty.org/ http://www.cobbcounty.org/procurement-services mailto:procurementservices@cobbcounty.org

2. General Notes Presented During Pre-Proposal Meeting

• See Attachment: Pre-Proposal Meeting PowerPoint Presentation

3. Questions Asked During Pre-Proposal Meeting

Question: Do you have a budget?

Answer: No.

Question: Who is the incumbent? What have you been paying previously?

Answer: Insite Street Media is the incumbent. We have been month to month since January 2024 and are currently receiving 25% of the revenue, approximately $3000 per month, which includes shelters, interior and exterior advertising, placards and wraps respectively.

Question: What percentage is being used space-wise?

Answer: The County cannot provide this information.

Question: Are you looking for a larger percentage of space to be covered? Has the incumbent met your expectations?

Answer: Yes, and yes.

Question: Is the contract term (5 years) negotiable?

Answer: No.

Question: 25% window coverage – is that what the current vendor is selling and is that what you want to continue with?

Answer: Yes, and yes.

Question: Are you open to full wrap?

Answer: Yes. The County would like to move to that.

Question: Regarding the CobbLinc logo (rings), can we cover the rings or partially cover them?

Answer: The County is open to options; proposer shall include ideas in their response.

Question: Can the County provide a photo of an existing full wrap bus?

Answer: Yes. See Attachment – Bus Wrap.

Question: The 300+ shelter count included in the RFP is the number of shelters, not panels, correct?

Answer: Correct. There are 300+ shelters throughout the County. Some shelters have 1 panel while others have 2 or 3 panels.

Question: Can we have a count of panels?

Answer: The County cannot provide this information.

Question: What does maintenance look like at the shelters?

Answer: The County has a contract for maintenance with another provider.

Question: Will awarded proposer be responsible for keeping plexiglass clean?

Answer: No. The current contract with the maintenance provider covers this.

Question: Is the County open to advertising at Park ‘N’ Rides and Transfer Centers?

Answer: Yes.

Question: Relating to the DBE goal, since this is a revenue-generating contract, is it 7% of controllable expenses based on federal funding?

Answer: All operating expenses and other costs shall be included in and paid exclusively from the Contractor’s share of total revenue.

Question: What is current procedure for scheduling an ad/install?

Answer: Customers reach out directly to Insite or the County refers them to Insite if contacted first.

Proposer shall detail how they would schedule ad and install in the response.

Question: Are there hours for installation?

Answer: Currently, bus service stops at 2:00 AM and resumes at 4:30 AM so that timeframe is ideal; however, installation can be done throughout the morning with some scheduling adjustments.

Question: Can we get latitude/longitude for shelters?

Answer: Yes. See Attachment – Bus Stop Latitude Longitude.

Question: Can we get a copy of the current contract amendment?

Answer: Yes. See Attachment – Transit Bus Advertising Agreement & Amendments.

Question: Does a DBE subcontractor count toward the goal?

Answer: Yes.

Question: The media trade is set at $10,000. Are you open to something different? What is this used for?

Answer: The County is open to a higher amount, yes. This is used for communication or messaging to the public about specific transit-related topics, announcements, programs, etc.

Question: For the $50,000 bond, would other means be allowed (e.g., pre-paying total amount for year in lieu of bond)?

Answer: No. The successful proposer, at the time a contract is issued, will be required to provide CobbLinc with a minimum $50,000 performance bond to cover work on CobbLinc vehicles and property.

Question: Can we get the historical revenue by the incumbent per month or per year?

Answer: Yes. See Attachment – Historical Revenue by Fiscal Year.

B. Questions Submitted in Writing:

Question: Please help, for our understanding can we kindly ask you to confirm that the only vinyl graphics being purchased via this contract will be for external advertising e.g., not for rebranding or special events such as veteran’s day, Christmas etc.?

Answer: Vinyl graphics purchased via this contract will be for external advertising and not for rebranding or special events.

PRE- PROPOSAL CONFERENCE

Sealed Proposal # 24-6849 Request for Proposals

Transit Bus Advertising Services September 10, 2024

VIRTUAL ATTENDANCE

REPRESENTATIVE

NAME

COMPANY NAME

& COMPLETE ADDRESS

PHONE

(INCLUDE AREA

CODE)

E-MAIL ADDRESS

Sarah Owens Tom Nicolaus Jason Klare

Adsposure

(513) 588-5723 sowens@adsposure.com tnicolaus@adsposure.com jklare@adsposure.com

Emily Pease

Intersection emily.pease@intersection.com

Vickye Bone d’Shift Network

(404) 307-4432 smithboneconsulting@gmail.com

Keith Thompson John Apostolopoulos

Insite/Creative Outdoor

(800) 661-6088 x307 kthompson@insitesm.com johnapostolopoulos@creativeoutdoor.com mailto:sowens@adsposure.com mailto:tnicolaus@adsposure.com mailto:jklare@adsposure.com mailto:emily.pease@intersection.com mailto:smithboneconsulting@gmail.com mailto:kthompson@insitesm.com mailto:johnapostolopoulos@creativeoutdoor.com

Pre-Proposal Meeting for:

Transit Bus Advertising

Sealed Proposal # 24-6849 September 10, 2024

COBB COUNTY DEPARTMENT OF TRANSPORTATION

TRANSIT DIVISION

Introduction

• CobbLinc has been in operation since 1989.

• Transit Service is currently outsourced and operated under contract with

Transdev, Inc.

• CobbLinc is financed by a combination of federal, state and local funds that support the operation of the transit system.

• CobbLinc manages all of its operations from its headquarters and maintenance shop facility located at 463 Commerce Park Drive, Marietta, GA.

• Activities conducted at this facility include vehicle storage, vehicle repair and maintenance, operations and administrative functions. All fixed-route, Paratransit, and other CobbLinc services including Customer Service Operations.

General Information: CobbLinc System

Existing System Fixed route service Express service Rapid service Paratransit service Transportation Voucher Program Demand-response service (FLEX) in three zones Circulator service Park-and-ride facilities Transfer centers

Transit Bus Advertising: Revenue Vehicles and Passenger Facilities

Transit Bus Advertising: General Information

• Cobb County is seeking a successful proposal that will :

• Develop and manage an advertising program

• Sale and placement of interior/exterior advertising space on CobbLinc vehicles and properties

• Reporting on collection of all accounts receivable

Transit Bus Advertising: Criteria

• Applications will be evaluated, based on:

• Qualifications and Experience of Contractor

• Availability

• Approach to Providing Services

• Project Management Plan and Schedule

• Compensation Proposal

Transit Bus Advertising: Evaluation Points

Transit Bus Advertising: Evaluation Criteria

• Cost Proposal Evaluation Points. The best Cost Proposal shall be awarded the full amount of allowable Cost Proposal evaluation points, with the evaluated competitor Cost Proposals each receiving cost points as ratio of their cost to the best Cost Proposal and based on the County’s Cost Proposal ratio formula.

• Oral Presentations/Interviews. The County may conduct investigations or interviews as it deems necessary, and at the sole discretion. At a minimum, interviews will require the active participation of the proposed Management team.

• Best and Final Offer. The County, at its sole discretion, may request one Best and Final Offer (BAFO) from Proposers in the competitive range. Qualified Prospers in this phase shall provide an outline of their revisions to the Technical and Cost Proposals for easier review along with their fully updated Technical and Cost Proposals. The revised offer shall supersede the original proposal.

Transit Bus Advertising: Evaluation Criteria

OPEN FOR QUESTIONS

Bus Stop Latitude/Longitude

STOP ID RUN ST Latitude Longitude

920000 COBB PKWY 33.87164941 -84.45631502

920002 COBB PKWY 33.87968600010

84.45928701700

920004 CUMBERLAND BLVD 33.87822521720

84.05254970000

920006 SPRING RD 33.88425200000

84.45660000000

920008 COBB PKWY 33.89198500000

84.05100010000

920010 COBB PKWY 33.89546100000

84.48027500010

920011 COBB PKWY 33.89811200000

84.48274100000

920012 COBB PKWY 33.90078800000

84.48521800000

920013 COBB PKWY 33.90362199940

84.48781601630

920014 COBB PKWY 33.90623399990

84.49029600000

920015 COBB PKWY 33.90979999000

84.49169700010

920016 COBB PKWY 33.90997800000

84.49375499990

920017 COBB PKWY 33.91131800000

84.49497000010

920018 COBB PKWY 33.91310000000

84.49666899990

920019 COBB PKWY 33.91534500000

84.49867200010

920021 COBB PKWY 33.92370200010

84.50583399990

920022 COBB PKWY 33.92519999000

84.50800900010

920023 COBB PKWY 33.92979499970

84.50908001660

920024 COBB PKWY 33.93185499990

84.51018601690

920025 COBB PKWY 33.93587600000

84.51239300010

920026 COBB PKWY 33.93820800000

84.51365100000

920027 S MARIETTA PKWY 33.94250900000

84.51903100010

920028 S MARIETTA PKWY 33.94161100000

84.52280300000

920030 S MARIETTA PKWY 33.94168187240

84.52948086260

920031 S MARIETTA PKWY 33.94069800000

84.52469000010

920032 S MARIETTA PKWY 33.94160699990

84.52228900010

920033 S MARIETTA PKWY 33.94216300000

84.51890001000

920035 COBB PKWY 33.93502400010

84.51221800000

920038 COBB PKWY 33.92405200020

84.50633901700

920039 COBB PKWY 33.91898600000

84.50239999990

920040 COBB PKWY 33.91715800010

84.50072700000

920041 COBB PKWY 33.91499100010

84.49872700010

920042 COBB PKWY 33.91266100010

84.49655099990

920047 COBB PKWY 33.90155000010

84.48632000000

920049 COBB PKWY 33.89786099920

84.48292801610

920050 COBB PKWY 33.89500700010

84.48024901710

920051 COBB PKWY 33.89179400010

84.32499990000

920054 SPRING RD 33.88568000010

84.27969999000

920055 CUMBERLAND BLVD 33.88054101430

84.41062793000

920058 COBB PKWY 33.88025299990

84.46098699990

920059 COBB PKWY 33.83600000000

84.45673700000

920060 COBB PKWY 33.87078100010

84.45642200010

920063 WINDY HILL RD 33.90517886910

84.46615060570

920065 WINDY HILL RD 33.90140500000

84.93519998000

920066 WINDY HILL RD 33.90366000000

84.48255299970

920067 WINDY HILL RD 33.90357658070

84.48566405430

920068 WINDY HILL RD 33.90181534210

84.48966345730

920069 WINDY HILL RD 33.89639000000

84.49893500010

920070 WINDY HILL RD 33.89400010000

84.52158800000

920073 WINDY HILL RD 33.89464600000

84.54056700000

920075 WINDY HILL RD 33.89483580000

84.55068912000

920076 WINDY HILL RD 33.89490373790

84.55566728000

920077 WINDY HILL RD 33.89498500000

84.56358600130

920079 AUSTELL RD 33.89650299990

84.57521100000

920083 COUNTY SERVICES PKWY 33.91328599990

84.58189600000

920085 POWDER SPRINGS RD 33.92159199990

84.57851199990

920086 POWDER SPRINGS RD 33.92364800010

84.57550000000

920087 POWDER SPRINGS RD 33.92510700000

84.57343700000

920090 POWDER SPRINGS ST 33.93300600010

84.56070700000

920092 POWDER SPRINGS ST 33.93567000000

84.55632499990

920099 ROSWELL ST 33.95163353760

84.57252360000

920103 COBB PKWY 33.87159099990

84.45634500000

920104 S MARIETTA PKWY 33.94304353890

84.53289419480

920105 FAIRGROUND ST 33.94413300010

84.53507100000

920114 POWDER SPRINGS ST 33.93628399990

84.55587200000

920117 POWDER SPRINGS ST 33.92701400000

84.57097000010

920118 POWDER SPRINGS RD 33.92352700000

84.57618500000

920119 POWDER SPRINGS RD 33.92210499990

84.57826299990

920122 COUNTY SERVICES PKWY 33.91235500000

84.58223600000

920123 COUNTY SERVICES PKWY 33.90967599990

84.58243700000

920126 AUSTELL RD 33.89703499990

84.57509199990

920128 WINDY HILL RD 33.89486808000

84.56663800000

920129 WINDY HILL RD 33.89469185300

84.55621100000

920131 WINDY HILL RD 33.89441996270

84.54050646940

920132 WINDY HILL RD 33.89431173760

84.53076816000

920135 WINDY HILL RD 33.90264530000

84.48765315000

920136 WINDY HILL RD 33.90331599990

84.48561800040

920137 WINDY HILL RD 33.90328168290

84.48204883000

920138 WINDY HILL RD 33.90121800020

84.95830004000

920139 WINDY HILL RD 33.90100526920

84.80431000000

920142 WINDY HILL RD 33.90492799980

84.46606500060

920144 SPRING RD 33.88341499990

84.76299990000

920145 SPRING RD 33.88340001000

84.48687900010

920146 SPRING RD 33.88380799990

84.49966299990

920203 SPRING RD 33.88225600010

84.50505100000

920150 S COBB DR 33.86091600000

84.51873700010

920152 S COBB DR 33.86091500000

84.51832299990

920153 S COBB DR 33.87106388600

84.52804283110

920154 S COBB DR 33.87611300000

84.53138600000

920155 S COBB DR 33.88009200000

84.53294100000

920156 S COBB DR 33.88298300000

84.53400699990

920157 S COBB DR 33.88731312870

84.53564519060

920158 S COBB DR 33.89251800010

84.53759800000

920159 S COBB DR 33.89511100010

84.53857199990

920160 S COBB DR 33.90025100000

84.54054500010

920161 S COBB DR 33.90328200000

84.54169400010

920162 S COBB DR 33.90454599990

84.54219800000

920163 S COBB DR 33.90597200010

84.54275000000

920164 S COBB DR 33.90928800000

84.54409900000

920166 S COBB DR 33.91424800010

84.52550001000

920167 S COBB DR 33.91616900000

84.56600000000

920171 S COBB DR 33.92666700000

84.55112199990

920172 S COBB DR 33.92854399990

84.55096900010

920174 S COBB DR 33.93238400000

84.54862599990

920175 S COBB DR 33.93486099990

84.54326000000

920181 S COBB DR 33.93560001000

84.54210200000

920182 S COBB DR 33.93421099990

84.54629800010

920183 S COBB DR 33.93327600000

84.59640000000

920184 S COBB DR 33.93185600000

84.54959899990

920185 S COBB DR 33.92838600000

84.55130899990

920186 S COBB DR 33.92561299990

84.55128100000

920187 S COBB DR 33.92155200000

84.55010500000

920189 S COBB DR 33.91230299990

84.54635199990

920190 S COBB DR 33.90923700000

84.54439300000

920191 S COBB DR 33.90583200010

84.54300300010

920192 S COBB DR 33.90388700000

84.54228499990

920193 S COBB DR 33.89981500010

84.54075499990

920194 S COBB DR 33.89534900010

84.53904900000

920195 S COBB DR 33.89194100010

84.53680000000

920197 S COBB DR 33.88351699990

84.53456199990

920198 S COBB DR 33.88035500010

84.53337400000

920199 S COBB DR 33.82590001000

84.53220300010

920200 S COBB DR 33.87304800000

84.53030500000

920201 CONCORD RD 33.87580899990

84.52194900000

920202 SPRING RD 33.88011900010

84.51178800010

920203 SPRING RD 33.88190000000

84.50506300000

920204 SPRING RD 33.88356699990

84.49921199990

920205 SPRING RD 33.88320900010

84.48704600010

920206 SIX FLAGS PKWY 33.20219999000

84.55238500000

920208 SIX FLAGS DR 33.67952423000

84.56422752760

920220 FLOYD RD 33.82340000010

84.57538100010

920221 FLOYD RD 33.82606399960

84.57570400000

920225 FLOYD RD 33.84697199980

84.58511099980

920227 FLOYD RD 33.85492999950

84.58882799980

920228 EAST -WEST CONN 33.85540100000

84.59345300000

920229 EAST -WEST CONN 33.85508099990

84.59939199990

920232 AUSTELL RD 33.85981800000

84.59880000010

920233 AUSTELL RD 33.86398100010

84.59521600000

920234 AUSTELL RD 33.86695100000

84.59298000000

920235 AUSTELL RD 33.86917900000

84.59150200010

920236 AUSTELL RD 33.87130100000

84.59082000010

920242 AUSTELL RD 33.89095100000

84.57883699990

920243 AUSTELL RD 33.89823400010

84.57316100000

920244 AUSTELL RD 33.90043800000

84.57036000010

920245 AUSTELL RD 33.90348021530

84.56652252050

920246 AUSTELL RD 33.90519200010

84.56385500010

920248 AUSTELL RD 33.91118500000

84.55757500000

920250 AUSTELL RD 33.91531400000

84.55262600000

920255 S MARIETTA PKWY 33.96689999000

84.58140001000

920257 S MARIETTA PKWY 33.94337199990

84.54034699990

920264 AUSTELL RD 33.91387800010

84.55483800000

920265 AUSTELL RD 33.90925200000

84.55961000010

920270 AUSTELL RD 33.88878400000

84.58308700010

920271 AUSTELL RD 33.88573300000

84.58638200000

920275 AUSTELL RD 33.86400000000

84.59278300000

920276 AUSTELL RD 33.86509999990

84.59461299990

920277 AUSTELL RD 33.86183299990

84.59743100000

920278 AUSTELL RD 33.85099999000

84.60098700000

920279 AUSTELL RD 33.85622200000

84.60193600000

920280 EAST -WEST CONN 33.85489799990

84.59889500000

920281 EAST -WEST CONN 33.85600400010

84.59044900010

920285 FLOYD RD 33.83440006000

84.57615400000

920287 FLOYD RD 33.82628400090

84.57595599970

920295 FACTORY SHOALS RD 33.78983200000

84.57582100000

920296 SIX FLAGS DR 33.82360001000

84.57413700000

920298 SIX FLAGS DR 33.70000100000

84.56682600000

920299 PAULDING AVE 34.03670800000

84.58349100000

920302 FREY RD 34.04193300000

84.58084099990

920303 FREY RD 34.03393528270

84.58044289920

920304 BUSBEE PKWY 34.04396400000

84.57575899990

920306 BUSBEE DR 34.03626199990

84.57507600000

920308 BUSBEE PKWY 34.02151500010

84.56786199990

920310 BUSBEE PKWY 34.01354099990

84.56645200010

920312 BARRETT PKWY 34.01343300000

84.56202200000

920313 BARRETT PKWY 34.01386200010

84.55559199990

920315 BELLS FERRY RD 34.01303799990

84.54849799990

920316 BELLS FERRY RD 34.00197099990

84.54545700000

920318 BELLS FERRY RD 33.99696899990

84.56540000000

920320 BELLS FERRY RD 33.98243399990

84.55782900000

920323 CHURCH ST 33.96868600090

84.55033600010

920328 CUMBERLAND PARKWAY 33.85233200000

84.29000000000

920336 BELLS FERRY RD 33.98203999990

84.55830001000

920337 BELLS FERRY RD 33.98649100000

84.55510000000

920338 BELLS FERRY RD 33.99340300000

84.54962600000

920342 BELLS FERRY RD 34.01253099990

84.54836799990

920349 BUSBEE DR 34.03151700010

84.57261899990

920350 BUSBEE DR 34.03613900000

84.57699990000

920353 BUSBEE PKWY 34.04617299990

84.54400000000

920354 FREY RD 34.04218000000

84.58117000000

920357 CHASTAIN MEADOWS PKWY 34.03042500000

84.55615100010

920358 BARRETT LAKES BLVD 34.03043100000

84.57823700000

920359 BARRETT LAKES BLVD 34.01930399990

84.57567100000

920360 COBB PLACE BLVD 34.00918100010

84.57190500000

920361 VAUGHN RD 34.00153599990

84.59073901690

920362 COBB PKWY 33.98821300000

84.57419100010

920363 COBB PKWY 33.98036500000

84.55690199990

920364 COBB PKWY 33.97859900010

84.55282300000

920365 COBB PKWY 33.97538100000

84.54563199990

920367 COBB PKWY 33.96618100000

84.53240001000

920368 N MARIETTA PKWY 33.95888300000

84.54024999990

920369 N MARIETTA PKWY 33.95895700010

84.54319100000

920371 N MARIETTA PKWY 33.95885300000

84.54809300000

920372 N MARIETTA PKWY 33.95875600010

84.54375900000

920373 COBB PKWY 33.96618700000

84.53435900000

920374 COBB PKWY 33.97133200000

84.54000500000

920375 COBB PKWY 33.97463299990

84.54379900000

920376 COBB PKWY 33.97948000030

84.55397601780

9203 COBB PKWY 33.98213500000

84.55983701700

920378 COBB PKWY 33.99096900020

84.57690172000

920379 VAUGHN RD 34.00395599990

84.59049801690

920380 BARRETT PKWY 34.00338500000

84.57849699990

920381 COBB PLACE BLVD 34.00972100000

84.57188400000

920382 COBB PLACE BLVD 34.01162100000

84.57574000000

920384 BARRETT LAKES BLVD 34.02968900000

84.53790001000

920385 BUSBEE PKWY 34.02689200000

84.56797500000

920386 BUSBEE PKWY 34.02151500010

84.56786199990

920387 SKYLINE TRAIL 33.86399200000

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STATE OF GEORGIA COUNTY OF COBB

AGREEMENT BY AND BETWEEN COBB COUNTY, GEORGIA

AND SIGNAL OUTDOOR ADVERTISING LLC

TO PROVIDE TRANSIT BUS ADVERTISING

FOR COBB COMMUNITY TRANSIT

This AGREEMENT dated the 14th of Au ust 2012, by and between Cobb County, Georgia ( hereinafter called the County), a political subdivision of the State of

Georgia, and SIGNAL OUTDOOR ADVERTISING, LLC ( hereinafter called

Contractor).

WHEREAS the Contractor is willing and able to perform such work and furnish materials upon the terms and conditions hereinafter set forth.

NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties hereto agree as follows

1. STATEMENT OF SERVICES. The Contractor will develop and manage an advertising program for the CCT bus fleet as set forth in the RFP Documents, ( Scope of

Services and CCT Requirements), attached to this agreement. The installation, maintenance, removal and other work to be performed by the Contractor shall be performed reasonably, at the convenience of CCT, and shall be when the buses are not in use or being serviced. The Contractor will coordinate all work with the Cobb Community Transit Division Manager or his/her designated agent and will obtain the prior approval for all work to be performed.

2. COMPENSATION. The Contractor agrees to pay to Cobb County compensation as set forth below:

Year One ( Sept. l, 2012- Aug. 31, 2013) in the amount of Sixty Thousand Dollars 60,000) or 55% of the net income whichever is greater;

Year Two( Sept. 1, 2013- Aug. 31, 2014) in the amount of Seventy Thousand Dollars ($70,000) or 55% of the net income whichever is greater;

Year Three ( Sept. 1, 2014-Aug. 31, 2015) in the amount of Eighty Thousand Dollars ($80, 000) or 55% of the net income whichever is greater;

Payments are due and payable in monthly installments to the County within 20 days of the end of each month for installments for the preceding month.

3. AGREEMENT TERM. The Agreement term will be for three ( 3) years beginning on September l, 2012 and ending on August 31, 2015.

4. INDEPENDENT CONTRACTOR. Under the Agreement, the Contractor shall be an independent Contractor and not an agent of Cobb County or the Board of Commissioners. The Contractor shall be fully responsible for all acts and omissions of its employees, subcontractors and their suppliers, and specifically shall be responsible for sufficient supervision and inspection to ensure compliance in every respect with the Agreement requirements. There shall be no contractual relationship between any subcontractar or supplier and the County by virtue of this Agreement with the Contractor. No provision of this Agreement shall be for the benefit of any party other than the County and the Contractor.

5. PERMITS AND LICENSES. The Contractor is solely responsible for obtaining any license or other authorization required by law to perform the services required in this Agreement.

Contractors who have an office or place of business within Cobb County shall provide the County, on the proper form, proof of being licensed to do business within Cobb County, Georgia. Contractors who do not have an office or place of business within Cobb County do not have to obtain a Cobb County business license, but must provide proof ofbeing licensed to do business within the State of Georgia. Proof of proper business licenses shall also be provided by the Contractor for any and all Subcontractors coming under the jurisdiction of this Agreement. An out-of-state Contractor shall secure the proper permits and licenses required by the State of Georgia to perform work within Georgia.

6. INSURANCE AND BONDING. The Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or Subcontractors.

A. MINIMUM LIMITS OF INSURANCE

The Contractor shall maintain general and automobile liability and Workers'

Compensation and Employers Liability insurance limits of no less than:

1. General Liability: $ 1, 000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage including products/ completed operations coverage.

2. Automobile Liability: $ 1, 000,000 combined single limit per accident for bodily injury and property damage, when applicable.

3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of Georgia and Employers Liability limits of$ 100,000 per accident.

4. Umbrella Liability: $5, 000,000 combined single limits per occurrence.

5. Builders Risk Insurance, if applicable: All Risk coverage on any buildings, structure of work and material in an amount equal to 100 per cent of the value of the contract. Coverage is to cover Cobb County interest and Cobb County shall be named as Loss Payee.

B. DEDUCTIBLES AND SELF- INSURED RETENTION

Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. OTHER INSURANCE PROVISIONS

1. General Liability and Automobile Coverage

a. The County, its officers, officials, employees, and volunteers are to be covered as insured' s as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the County or, its officers, officials, employees or volunteers.

b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be in excess of the

Contractor's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County or, its officers, officials, employees or volunteers.

d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employers Liability Coverage

The insurer shall agree to waive all rights of subrogation against the

County, its officers, officials, employees and volunteers for losses arising from the work performed by the Contractor for the County.

3. All Coverage

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the County. Each insurance policy required by this clause will include a provision showing Cobb County, Georgia as an additional insured.

a. All insurance is to be placed with insurers with a Best' s rating of no less than A in order to be acceptable to the County.

b. The Contractor shall furnish the County with certification of insurance prior to the execution of any or the performance of any work.

c. The Contractor shall include all Subcontractors as insured under its policy or shall require a11 Subcontractors to maintain in accordance with the requirements listed above.

7. INDEMNITY AND WAIVER OF BENEFITS. The parties shall at all times comply with all laws, ordinances, and rules, and regulations of state and federal governmental authorities regarding the development and managing the bus advertising program. The Contractor agrees to defend and save harmless the County, its officers, agents, and employees against all claims, demands, payments, suits, actions, recovery, and judgments of every kind and description out of the performance of this Agreement. Neither party shall be liable to the other for punitive, lost business or lost business opportunity, indirect or incidental damages, including, but not limited to, loss of tax revenue or claims related to valuation of property, whether based in contract, negligence, and strict liability or otherwise.

8. ADVERTISING. The County supports no political viewpoint and therefore no political speech may be placed on any vehicles. There is a constitutional mandate for the separation of church and state; therefore, no advertisements espousing any religious belief or viewpoint will be permitted. The Contractor shall not permit any advertising which denigrates public transportation or those who use public transportation. Pursuant to the Contractor' s policy, no advertising shall be permitted which: ( i) depicts physical violence against any person or animal, ( ii) is obscene as defined by federal or state law, ( iii) is untrue, misleading, deceptive, or distorted, or ( iv) explicitly or directly promotes or encourages the use of guns, birth control, feminine hygiene products, alcohol or any tobacco product. The

County is acting in a proprietary function and therefore retains discretion and authority to develop reasonable standards and choices for the advertisements on buses utilized by its citizens. The County requires advertising material to be submitted to it for review before such material is displayed on the vehicles. The

County shall have the right to direct the removal of any advertising material displayed on the buses that the County reasonably determines to be inconsistent with the foregoing standards. Any direction to remove advertising material shall be given in a written notice to the Contractor providing reasonable notice to correct and/or remove said materiaL In such case, the Contractor shall promptly remove such material at the Contractor' s cost. In the event that the Contractor fails to remove such material promptly, the County may remove it or cause it to be removed, and the Contractor will reimburse the County for all costs associated therewith. Notwithstanding the above, if approval for advertising was given by Cobb, it cannot require the Contractor to remove such advertising during the term of the contract between the Contractor and the advertiser so long as the term does not exceed twelve ( 12) months. The Contractar' s right to provide advertising under this Agreement is limited to buses and specifically eXCludes advertisements located on bus route shelters. Since the County relies in part on state and federal funding, the County does not promise or guarantee a minimum number of buses to be in operation during the term of this Agreement.

9. FAILURE TO EXECUTE AGREEMENT. Failure or refusal to execute and deliver this Agreement and/ or furnish satisfactory proof of carriage of the insurance required within ten ( 10) days after notification of award sha11 be just cause for the annulment of the award. At the discretion of the County, the award may then be made to the next lowest responsible bidder, or the work may be re-advertised or performed directly by the County.

10. ENTIRE AGREEMENT. This signed Agreement, which includes the

Contractor' s complete Proposal and the Cobb County RFP, with all appendices, exhibits, attachments, constitutes the entire Agreement between the parties and supersedes all prior offers, negotiations, exceptions and understandings, whether oral or written, between the parties. Every provision of law and every contract clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as through they were included. This Agreement may not be amended, altered or modified except in a written document signed by the parties. To the extent any provision of this Agreement is inconsistent with any provision of the Contractor' s Proposal or the Cobb County RFP or its appendices, exhibits, attachments, then the provisions of this Agreement shall control.

ll. CHANGES. Changes in the Work and changes in the Agreement can only be made by written amendments signed by both the Contractor and the County, prior to implementation of such changes. Any part of the Agreement that is not specially mentioned in an amendment or set of amendments shall not be changed.

No implied changes are acceptable to either party to the Agreement. The

Contractor shall be liable for all costs resulting from, and for satisfactorily correcting, any change not properly ordered by written amendment to the Agreement and signed by the both parties.

12. TERMINATION. In addition to other termination provisions of this Agreement, this Agreement may be terminated in the event the Contractor shall fail to substantially perform any obligation under this Agreement and shall not cure such failure within thirty (30) days after the County has given written notice thereof, or in the case of failure that cannot be reasonable cured within thirty (30) days, shall fail to begin to cure within such time and diligently to prosecute such cure to completion within a reasonable time thereafter.

13. ASSIGNMENT. Neither this Agreement nor any interest herein nor any claim hereunder may be assigned or subcontracted by the Contractor without the prior written consent of the County and any attempt to do so will constitute a breach of this Agreement.

14. NOTICES._All notices, consents, demands, approvals and requests which are required or permitted to be given by either party to the other pursuant to the provision of this Agreement shall be sent by United States certified or registered mail, return receipt requested, postage prepaid and shall be addressed as follows:

IF TO Cobb: Director, Cobb County Department of Transportation 1890 County Services Parkway Marietta, Georgia 30008

IF TO SIGNAL: Signal Outdoor Advertising LLC 7616 Southland Blvd, Suite 114

Orlando, FL 32809

15. MEASUREMENT AND PAYMENT. Production costs are paid by the advertiser. Net Revenue is defined as revenue minus agency commission.

Payments are payable monthly to Cobb County within the number of days of closing the monthly billing as set forth in the Compensation Plan

16. CLAUSES:

This Agreement is subject to financial assistance through grants with the Federal Transit Administration and the State of Georgia. Accordingly, the Contractor will be required to comply with all applicable provisions of the laws and regulations required by the Federal Transit Administration and the State of Georgia, as well as those required by Cobb County.

An overall annual Disadvantaged Business Enterprise goal of 7% percent has been established for which utilization of any DBE' s on this Agreement will count towards the cumulative attainment of the goal. The Contractor may utilize one or more firms in a prime- sub arrangement in arder to count towards this goal.

Certain clauses and certifications including, but not limited to, the following that are contained in the RFP are specifically incorporated herein as if fully set forth:

Access to records

Federal changes

Clean air

Termination

Government debarment ( executed certification required)

Lobbying Clean Water

Breaches and dispute resolution

Seismic safety requirements Clean water

Incorporation of FTA terms

Civil rights

Lobbying disclosure (executed certification required)

IN WITNESS WHEREOF, the County and Contractor have caused this Agreement to be executed by their duly authorized officers.

Executed this o day of _ 2012 l

COBB COUNTY, GEORGIA

ATTEST:

By:

Timothy Lee, Chairman CoU County Clerk Board of Commission `$°°""`" '

N Karen L. King a Assistant County Clerk

Seal) o

Approved as to Form by:

9°

F oM S, o

Cobb County epartment of Transportation

C County Attorney' s Office

SIGNAL OUTDOOR ADVERTISING, LLC

r--

6/( / v

ATTEST:

By

Title:

p C Ci0 Secretary

Witness

Seal) bryanr036272 Highlight

Historical Revenue by Fiscal Year

Fiscal Year Cobb County Revenue Revenue 13 $60,000.00 $60,000.00 or 55% of net 14 $76,750.13 $70,000.00 or 55% of net 15 $80,000.04 $80,000.00 or 55% of net 16 $91,950.56 25% w/no Minimum 17 $108,999.23 25% w/no Minimum 18 $103,306.92 25% w/no Minimum 19 $143,344.42 25% w/no Minimum 20 $32,550.46 25% w/no Minimum 21 $35,590.77 25% w/no Minimum 22 $79,713.92 25% w/no Minimum 23 $15,399.75 25% w/no Minimum 24 $30,949.40 25% w/no Minimum