25-043-JC.pdf

Board of County Commissioners Interim County Administrator

Maria G. Marino, Mayor Todd J. Bonlarron Sara Baxter, Vice Mayor Gregg K. Weiss Joel Flores Marci Woodward Maria Sachs Purchasing Department Bobby Powell, Jr. www.pbcgov.org/purchasing

REQUEST FOR PROPOSAL

RFP NO. 25-043/JC

Palm Beach County Board of County Commissioners and

Palm Tran Inc.

are seeking

Proposals for:

TRANSIT ADVERTISING

Date issued/available for distribution: August 18, 2025

Proposer shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than September 18, 2025, 4:00 p.m. local time. See Section 1.10 of the RFP for Mailing Instructions.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If proposer intends to use subcontractors, proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Proposal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

1.1 ISSUING OFFICE

1.2 INTRODUCTION

1.3 GENERAL INFORMATION

1.4 HISTORY AND BACKGROUND

1.5 PURPOSE OF THE PROJECT

1.6 PERIOD OF CONTRACT

1.7 QUALIFICATION OF PROPOSERS

1.8 TIMETABLE

1.9 PROPOSAL SUBMISSION

1.10 CONTACT PERSON

1.11 CONE OF SILENCE

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 SMALL BUSINESS ENTERPRISES(SBE) / EBO REQUIREMENTS

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

AUDIT REQUIREMENTS

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.13 CRIMINAL HISTORY RECORDS CHECK

2.14 REVIEW OF PROPOSALS

2.15 WAIVER OF MINOR IRREGULARITY……………………………………...10

2.16 EXCEPTIONS TO THE RFP

2.17 SELECTION PROCESS

2.18 EVALUATION CRITERIA

2.19 AWARD OF CONTRACT

2.20 DISCLOSURE OF OWNERSHIP INTERESTS ……………………………12

2.21 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.22 COMMENCEMENT OF WORK………………………………………………12

2.23 CONTRACT CLOSEOUT PERIOD………………………………………….13

2.24 FINAL INVOICE………………………………………………………………..13

2.25 INSURANCE REQUIREMENTS

2.26 DRUG-FREE WORKPLACE CERTIFICATION

2.27 AUTHORIZED SIGNATURE

ii

(continued)

SECTION PAGE

2.28 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S.

287.05701………………………………………………………………………14

2.29 DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN

COUNTRIES OF CONCERN……………………………………….………..14

2.30 REVENUE GUARANTEE……………….……………………………………14

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

3.5 COMMERCIAL NON-DISCRIMINATION

3.6 FINANCIAL / BUSINESS STABILITY

3.7 REVENUE PROPOSAL INFORMATION

3.8 BUSINESS INFORMATION

3.9 AMENDMENTS TO THE RFP

3.10 HUMAN TRAFFICKING AFFIDAVIT………………………………………...21

3.11 ADDITIONAL APPENDICES- ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

4.1 PURPOSE OF THE PROJECT

4.2 INTRODUCTION

4.3 GENERAL INFORMATION

4.4 TRANSIT ADVERTISING SERVICES

4.5 REPORTS

4.6 RATES

4.7 BUS ADVERTISING MEDIA

4.8 MAINTENANCE BY CONTRACTOR

4.9 MANAGEMENT OF PREEXISTING ADVERTISING CONTENT

CONTRACTS

4.10 INTERMODAL SHELTER SIGNS AND OTHER MEDIA

4.11 MEDIA TRADE

ATTACHMENT A - FLEET ASSET REPORT

ATTACHMENT B -SYSTEM MAP

ATTACHMENT C-PALM TRAN BUS WRAPS

iii

(continued)

SECTION PAGE

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 2 - REVENUE GUARANTEE BOND

SECTION 6 APPENDICES

APPENDIX A - REVENUE PROPOSAL PAGES

APPENDIX B - BUSINESS INFORMATION

APPENDIX C - OEBO SCHEDULES 1, 2, 3(A), 4

APPENDIX D - CERTIFICATION OF BUSINESS LOCATION

APPENDIX E - DRUG-FREE WORKPLACE CERTIFICATION

APPENDIX F - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “COUNTY”, by the Purchasing Department for the benefit of Palm Tran, Inc. hereinafter referred to as “Palm Tran.” The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department. See Section 1.10, Contact Person.

1.2 INTRODUCTION

Palm Tran has a fleet of 159 buses within the urban and rural areas of Palm Beach County. Palm Tran uses a mix of 30 foot, 35 foot, 40 foot buses and hybrid transit style city buses. Palm Tran has allocated 100 buses for external advertising and the full fleet of 159 buses for internal advertising. Palm Tran fleet’s annual mileage exceeds eight (8) million miles with transit ridership of eight and a half (8.5) million.

Peak and off-peak service may be adjusted by Palm Tran when it is deemed necessary.

In the event that the above total number of available buses changes by 20% during the term of this Contract, the Minimum Guaranteed Revenue shall be adjusted accordingly.

1.3 GENERAL INFORMATION

Palm Tran has three (3) facilities at the following locations:

1. Palm Tran North: 3201 Electronics Way, West Palm Beach, FL 33407 (main facility, with 89 buses),

2. Palm Tran South: 100 South Congress Avenue, Delray Beach, FL 33445 (satellite facility, with 57 buses), and

3. Palm Tran West: 38601 James Wheeler Way, Belle Glade, FL 33430 (satellite facility, with 13 buses).

1.4 HISTORY AND BACKGROUND

The COUNTY currently has a contract for interior and exterior bus advertising that will expire on September 30, 2025. The contract includes direct application of vinyl advertising media to the buses. The direct application method has been well received, and it is the COUNTY’s desire to continue with this medium.

1.5 PURPOSE OF THE PROJECT

Palm Beach County is seeking proposals from qualified and experienced advertising firms to utilize the potential of Palm Tran buses as an advertising medium and other related media. It is the intent of the COUNTY that the successful proposer will market advertising to the general public through the use of directly applied vinyl advertising copy to the exterior of the buses, interior styrene signs, and multi-media signage (e.g., bus shelters at the Intermodal Transit Center, and pay revenue to the COUNTY for these services.

1.6 PERIOD OF CONTRACT

The proposed effective date of this Contract is October 21, 2025. The selected proposer will provide services for a three (3) year period ending October 20, 2028. Two (2) one (1) year renewal option(s) offered by the COUNTY, at the COUNTY’s sole discretion, may be included.

1.7 QUALIFICATION OF PROPOSERS

All proposers to this RFP shall have three (3) years demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.8 TIMETABLE

The anticipated schedule and deadline for the RFP and Contract approval are as follows:

Activity Date Time Location

RFP available for 8/18/2025 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Deadline for receipt of 9/01/2025 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 9/18/2025 4:00 p.m. Purchasing Department of proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 10/02/2025 10:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South http://www.pbcgov.com/purchasing

W.P.B., FL 33415

Oral Presentations/ 10/10/2025 10:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 10/13/2025 4:00 p.m. Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 10/21/2025 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date October 21, 2025

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.9 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Jeromy Calderon, Buyer RFP No. 25-043/JC

Title: Transit Advertising Due Date: September 18, 2025, 4:00 p.m. local time.

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the COUNTY

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Revenue Proposal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the COUNTY as constituting a legal offer by the proposer to perform the required services at the proposed revenue offered identified therein.

1.10 CONTACT PERSON

The contact person for this RFP is Jeromy Calderon at e-mail address jcalderon1@pbc.gov and purchase@pbc.gov in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.11 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this contract via written communication, i.e., fax, e-mail, or U.S.

Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

mailto:jcalderon1@pbc.gov mailto:purchase@pbc.gov

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFP Timetable (Section 1.8) or e-mail address listed for the Contact Person (Section 1.10) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFP, when deemed necessary by the COUNTY, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may have been issued prior to the Deadline for receipt of proposals. The COUNTY shall not be responsible for the completeness of any RFP package not downloaded from VSS or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.10) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of proposals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a contract is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.8) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; waive any minor irregularities in this RFP or in the proposals received as a result of this RFP; postpone or cancel, at any time, this RFP process; or re-issue this

RFP.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer. No payment will be made for proposals received, nor for any other effort required of or made by the proposers, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Any material submitted in response to this Request for Proposal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. All submitted information that the responding proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best revenue and technical offer.

2.9 RIGHT TO PROTEST

Any proposer may protest any recommendations for contract award. The protest must be received by the Director of Procurement within five (5) business days after posting the Notice of Intent to Award, accompanied by the applicable protest bond, in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Procurement, via hand delivery, or mail using the Purchasing Department’s address noted in Section 1.9 PROPOSAL SUBMISSION of this RFP, including submission of protest bond.

2.10 SMALL BUSINESS ENTERPRISES (SBE) / EBO REQUIREMENTS

NOTE: The following provisions apply to the sections of the non-federally funded portions of this solicitation. All Equal Business Opportunity (EBO) Program Forms, including waiver forms and good faith effort documentation are available on the Office of Equal Business Opportunity (OEBO) website:

https://discover.pbcgov.org/oebo/Pages/Documents.aspx.

Item 1 – Policy It is the policy of the Palm Beach County Board of County Commissioners (BCC) that all segments of its business population have an equitable opportunity to participate in the County’s procurement process, prime contracts, and subcontract opportunities. To that end, the BCC adopted an Equal Business Opportunity Ordinance (EBO Ordinance), codified in Sections 2-80.20 through 2-80.40 (as may be amended) of the Palm Beach County Code, which sets forth the County’s requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation, and has precedence over the provisions of this solicitation in the event of a conflict.

Item 2 – Proposal Submission Documentation If any subcontractors are utilized in performing work under the contract, bidders or respondents must complete Schedule 1 and Schedule 2, listing the work to be performed by any subcontractor, including SBE subcontractors.

SBE bidders or respondents submitting as Prime contractors (Primes) are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce.

Schedules 1 and 2 must be submitted with the bid or proposal prior to the published bid or proposal due date and time.

Schedule 1 – List of Proposed Contractor and Subcontractor Participation A completed Schedule 1 must be submitted by the Prime and list the names of all subcontractors intended to be used in performance of the contract, if awarded, including https://discover.pbcgov.org/oebo/Pages/Documents.aspx the total proposed percentage of SBE participation. This schedule must also be used if an SBE Prime is performing all or any portion of the contract with their own workforce.

When a minimum mandatory API goal is applied, failure to submit a properly executed Schedule 1 will result in a determination of non-responsiveness to the solicitation.

Schedule 2 – Letter of Intent A completed and executed Schedule 2 is a binding document between the Prime and subcontractor (any tier) and should be treated as such. Each Schedule 2 must be executed by the Prime and by all proposed subcontractor. If the Prime is an SBE, a Schedule 2 must be submitted to document work to be performed by its own workforce.

All SBE(s) must specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor on this Schedule. All named subcontractors on this Schedule must also complete and submit a separate Schedule 2.

The Prime may count toward its SBE goal 2nd and 3rd tiered certified SBE(s); provided that the Prime submits a completed and executed Schedule 2 for each SBE.

A detailed scope of work may be attached with an executed Schedule 2.

When a minimum mandatory API goal is applied, failure to submit a properly executed Schedule 2 will result in a determination of non-responsiveness to the solicitation. In the event of a conflict between Schedules 1 and 2 when calculating SBE participation, the information provided on Schedule 2 takes precedence.

In the event of mathematical error(s), the unit price, if available, shall prevail and the bidder or proposer’s total offer shall be corrected accordingly. If the County’s issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a subcontractor listed at the time of bid submission, the Prime must submit a completed and executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor, along with the modified price and/or percentage.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 CRIMINAL HISTORY RECORDS CHECK

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R2013-1470, R2015-0572 and R2024-0549, as may be amended. In October 2013, compliance with the requirements of the U.S. Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The proposer is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the proposer acknowledges that its proposal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.14 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.15 WAIVER OF MINOR IRREGULARITY

An irregularity in a proposer’s submitted proposal is deemed minor for purposes of correction when: (1) its waiver would not deprive the County of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and (2) the irregularity is of such a nature that its waiver would not adversely affect competitive proposals by placing a proposer in a position of advantage over other proposers or by otherwise undermining the necessary common standard of competition. Pricing errors are never considered a minor irregularity.

In situations where a proposal has incomplete, missing or unsigned required documents, which are deemed a minor irregularity, the Director of Procurement may allow the Proposer up to five (5) business days to correct said minor irregularity, per Section 2- 54(C)(6)(a)(2), Palm Beach County Code. The decision whether to waive a minor irregularity is within the sole discretion of the Director of Procurement.

2.16 EXCEPTIONS TO THE RFP

All exceptions taken must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers are cautioned that submitting an alternative proposal does not relieve the proposer from submitting the “Minimum Requirements” as stated in Section 3.

The County is under NO obligation to accept any proposed exceptions or alternatives.

2.17 SELECTION PROCESS

All proposals timely received will be reviewed first by the Purchasing Department to determine if each proposer has submitted the required information and met all Proposal Requirements (as stated in Section 3). Those proposals fulfilling the Proposal Requirements shall be referred to the Selection Committee for review and further consideration.

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.18. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside contractors, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.18. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare the proposer ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.18 EVALUATION CRITERIA

1 Experience / Qualifications Weight 15 % (15 pts) Background / References (See Section 3.1)

2. Project Approach / Understanding Weight 25% (25 pts) (See Section 3.2)

3. Key Personnel and Operations Weight 10% (10 pts) (See Section 3.3)

4. Revenue Proposal Information Weight 30% (30 pts) (See Section 3.7)

5. Small Business Enterprise Weight 15% (15 pts) (See Section 2.10 & Exhibit C “API”s)

6. Business Location / Local Preference Weight 5 % (5 pts) (See Section 3.4)

2.19 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, revenue.

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.20 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA, Appendix F) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA (Appendix F) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.21 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.8).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new solicitation or cancel the procurement process in its entirety.

2.22 COMMENCEMENT OF WORK

This RFP does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the proposer. The County may set a different starting date for the contract. The County will not be responsible for any work done by the proposer, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.23 CONTRACT CLOSEOUT PERIOD

Successful proposer shall submit any pending invoice(s) and/or report(s), along with any required documents, to the County within forty-five (45) business days after the termination or expiration of the contract in order to close-out the contract (“Closeout Period”). These invoice(s) and/or report(s), including but not limited to vendor performance report(s), shall reflect work required and completed during the contract term.

The County shall deem invoices received during and prior to the expiration of the Closeout Period as final billing for goods and services provided under the contract. Proposer’s failure to submit pending invoices during the Closeout Period shall serve as an admission that no pending invoices remain. Nothing herein shall limit the County’s discretion to make the final determination whether payment may be made to successful proposer after the expiration or termination of the contract.

2.24 FINAL INVOICE

In order for both parties herein to close their books and records, the proposer will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the COUNTY. This shall constitute proposer’s certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly

2.25 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 13, to Palm Beach County through the Contact Person set forth in Section 1.10, until otherwise notified by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 13). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.26 DRUG-FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug-Free Workplace Certification (Appendix E) indicating that the proposer has implemented a Drug-Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.27 AUTHORIZED SIGNATURE

The authorized representative signature required on all offers and the Contract must be made by an officer of the company (if applicable).

2.28 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING - F.S.

287.05701.

Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible Proposer. Proposers are further notified that the County's governing body may not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

2.29 DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH FOREIGN

COUNTRIES OF CONCERN

Pursuant to F.S. 286.101, as may be amended, by entering into a Contract or performing any work in furtherance hereof, the Proposer certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

2.30 REVENUE GUARANTEE

Proposer agrees that prior to execution of the Contract by the COUNTY, proposer shall either:

1. Pre-pay the Annual Minimum Guaranteed Revenue offered by the proposer for year one of the contract (and annually thereafter); or

2. Provide a Revenue Bond or Letter of Credit meeting the following requirements:

A. Proposer shall deliver to the COUNTY a Revenue Guarantee Bond (see

Attachment 1, Article 6) in an amount equal to one hundred percent (100%) of the anticipated annual payment to COUNTY, and in substantially the form attached to this RFP as Attachment 2. Said bond shall secure the performance of proposer’s obligations under its contract with the COUNTY.

B. Receipt of the Revenue Guarantee Bond shall be a condition precedent to the proposer’s commencing performance under the Contract and COUNTY shall not issue its Notice to Proceed to the proposer until COUNTY is in receipt of the Revenue Guarantee Bond.

C. The surety company issuing the Revenue Guarantee Bond required hereunder must be listed on United States Department of Treasury Circular 570, licensed to do business in the State of Florida and have sufficiency bonding capacity per Circular 570.

D. The term of the initial Revenue Guarantee Bond shall be for a minimum of one (1) year. Proposer shall provide a new Revenue Guarantee Bond similar to the attached sample Revenue Guarantee Bond (Attachment 2) for succeeding years of the Contract. Each succeeding bond must be received by COUNTY at least forty-five (45) days prior to the expiration of the term of the then current Revenue Guarantee Bond and shall fully comply with the provisions of the contract.

Proposer’s failure to provide the Revenue Guarantee Bond shall constitute a material event of default.

E. In the event that any action, claim or demand is asserted against or sought to be collected from proposer for which the COUNTY intends to assert a right of reimbursement from the Revenue Guarantee Bond, COUNTY shall notify proposer in writing with reasonable promptness (and, in any event, so as not to materially prejudice the rights of proposer, hereunder or with respect to such an action, claim or demand) of such action, claim or demand, specifying, to the extent known, that nature, circumstances and the amount of such claim. Proposer shall have thirty

(30) days from its receipt of said notice to cure such defect before COUNTY shall be entitled to assert a claim against the Revenue Guarantee Bond, excluding defects arising under Paragraph D above.

F. If the surety is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida or it ceases to meet the requirements set forth above, the proposer shall within ten (10) working days after notification by the COUNTY substitute another bond and surety company, at no cost to the COUNTY, meeting the above requirements.

G. Clean Irrevocable Letter of Credit – Proposer may substitute a Clean Irrevocable

Letter of Credit (Letter of Credit) for the Revenue Guarantee Bond from a financial institution acceptable to COUNTY. The Letter of Credit shall comply with all terms and conditions required for the Revenue Guarantee Bond except for Paragraph C.

The Letter of Credit shall further comply with all requirements established by COUNTY in Palm Beach County PPM #CW-F-055, Policy for Accepting Letters of Credit. The Letter of Credit substituted by proposer shall be in the form set forth in Exhibit A to Palm Beach County PPM #CW-F-055 and shall contain terms and conditions acceptable to COUNTY. PPM #CW-F-055 is incorporated into and made a part hereof by reference.

Proposers interested in submitting a Letter of Credit in lieu of pre-payment or the Revenue Guarantee Bond may obtain a copy of PPM #CW-F-055 from Jeromy Calderon, Buyer, Palm Beach County Purchasing Department.

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT

Format

Proposer shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal. Proposals should be typed and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Proposals should contain a Table of Contents. The Table of Contents outlines, in sequential order, all of the areas of the proposal and it allows for clarity and ease of review of the proposal.

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Jeromy Calderon, Buyer, and should, at a minimum, contain the following:

a. Identification of Proposer, including name, address and telephone number.

b. Proposed working relationship between proposer and subcontractors, if applicable.

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of proposal evaluation.

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

Proposals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

The item(s) marked by an asterisk (*) should be a part of the proposal; however, if these items are omitted, the proposer must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

Notwithstanding these proposal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

Each of the following requirements should be addressed in separate sections of the proposal.

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications and background in providing transit advertising services for the interior and exterior of the buses and other related advertising medium.

*3.1.2 Each proposer should submit a minimum of three (3) references demonstrating the successful provision of transit advertising services within the past three (3) years.

Each reference should include the following:

a. Name of client company, contact names, addresses, telephone/fax numbers, dollar amount of contracts and dates of service.

b. Scope of Work, types of services performed and number of full-time staff provided.

c. Type of compensation provided (monthly, yearly, percentage of revenue or any combination thereof).

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

The proposer shall provide a detailed narrative description of its approach and methodology for implementing a transit advertising service including, but not limited to, the following:

3.2.1 Overview of the project tasks to be performed.

3.2.2 County/Palm Tran resources which will be required to conduct the services.

3.2.3 Timeline for performing the required services from start to completion.

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

The proposer shall provide:

3.3.1 An Organizational Chart identifying the structure of firm.

3.3.2 A list of the key personnel assigned to the project, along with a complete resume detailing their experience, education, expertise, qualifications and knowledge of the project.

3.3.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract.

3.3.4 Identification of projects of similar nature in which each staff member has been involved.

3.3.5 The proposer shall include their “Corporate Advertising Policy”. This policy shall address the County’s desire to meet the intent of the law (First Amendment of the U.S. Constitution) and also meet the demands of the County when it comes to any disputes as to advertising content.

3.4 BUSINESS LOCATION / LOCAL PREFERENCE

Pursuant to Section 2-80.47 of the Palm Beach County Local Preference Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Proposer shall submit at the time of proposal submission the attached “Certification of Business Location” (Appendix D) (the “Certification”) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the proposer is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the proposer had a permanent place of business prior to the issuance of this Notice of Solicitation/Request for Proposal. The Palm Beach County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local Preference points. Errors in the completion of the Certification or failure to submit the completed Certification will cause the proposer to not receive points for Business Location/Local Preference.

Provided a proposer does not qualify to receive an SBE preference, local proposers who submit the Certification, together with the required Business Tax Receipt at the time of proposal submission, shall receive five (5) points.

3.5 COMMERCIAL NON-DISCRIMINATION

As a condition of submitting a proposal to the County, the proposer agrees to comply with the County’s Commercial Non-discrimination Policy as described in Resolution R2025-0748, as may be amended. In accordance with Palm Beach County Code Section 2-80.24, proposer hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution R2025-0748, as may be amended, to wit: discrimination in the solicitation, selection or commercial treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners;

provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the proposal submitted by the proposer for this Solicitation, and to terminate any contract awarded based on the response.

At the time of proposal submission, the proposer shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the proposer discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

Indicate your agreement to the foregoing by signing the Price Proposal Page(s).

In accordance with Palm Beach County Code Section 2-80.24, this certification and agreement must be completed and submitted with the proposal for all solicitations.

*3.6 FINANCIAL / BUSINESS STABILITY

Proposer should submit the following:

The firm’s most recent financial audit, within the past two (2) years, with a statement from an independent certified public accountant, prepared in accordance with generally accepted accounting principles, demonstrating the firm’s financial stability.