25024 RFP _ ACC TRANSIT BUS ADVERTISING PROGR.pdf

THE UNIFIED GOVERNMENT OF

ATHENS-CLARKE COUNTY(ACCGov)

DATE: August 25, 2025

TO: On-Board Transit Advertising Program Management Firms

SUBJECT: RFP 25024 ACC TRANSIT BUS ADVERTISING PROGRAM MANAGEMENT

You are invited to submit a proposal to provide On-Board Transit Advertising Program Management for Athens-Clarke County Transit.

Inquiries regarding proposals should be made to Rena Durie, Senior Buyer, in writing via email at rena.durie@accgov.com or accbids@accgov.com.

Attached hereto is the Request for Proposal (RFP) instruction document. The written requirements contained in this (RFP) shall not be changed or superseded except by written addendum from the Unified Government of Athens-Clarke County Purchasing Division of the Finance Department.

Failure to comply with the written requirements for this proposal may result in rejection of the proposal by the Unified Government of Athens-Clarke County.

The Unified Government of Athens Clarke County is accepting electronic bid submissions.

Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid.

Not later than 10:00 A.M. ET, Wednesday, September 17, 2025

A qualified interpreter for the hearing impaired is available upon request at least 10 (ten) days in advance of the proposal opening date. Please call (706) 613-3088 for more information. This service is in compliance with the Americans with Disabilities Act (ADA).

The Unified Government of Athens-Clarke County reserves the right to reject any and all proposals, to waive any technicalities or irregularities, and to award the contract based on the highest and best interest of the Unified Government of Athens-Clarke County.

mailto:rena.durie@accgov.com mailto:accbids@athensclarkecounty.com https://procurement.opengov.com/signup

TABLE OF CONTENTS

SECTION TITLE

I REQUEST FOR PROPOSAL SUBMISSION INSTRUCTIONS

II REQUEST FOR PROPOSAL OVERVIEW AND PROCEDURES

III SCOPE OF SERVICES

A. INTRODUCTION AND PURPOSE

B. GENERAL REQUIREMENTS

C. ADDITIONAL REQUIREMENTS

D. DEFINITIONS

E. SPECIFIC TASKS

IV SELECTION PROCESS AND EVALUATION CRITERIA

V MANDATORY PROPOSAL FORMS

A: PROPOSAL FORM

B: ADDENDA ACKNOWLEDGEMENT

C: GEORGIA SECURITY & IMMIGRATION COMPLIANCE (GSIC)

AFFIDAVIT CONTRACTOR AFFIDAVIT & AGREEMENT

VI DOCUMENTS CHECKLIST

ATTACHMENT A: WHAT YOUR BUSINESS NEEDS TO KNOW ABOUT GEORGIA’S E-

VERIFY REQUIREMENTS

ATTACHMENT B: ACCGOV/ACCTD TRANSIT ADVERTISING POLICY, REV 5 1 2018

SECTION I - REQUEST FOR PROPOSAL SUBMISSION INSTRUCTIONS

ALL PROPOSALS RECEIVED WILL BECOME A PART OF THE OFFICIAL CONTRACT

FILE AND MAY BE SUBJECT TO DISCLOSURE.

A complete signed proposal must include the documents listed below:

PROPOSAL FORMAT: Offerors are expected to examine the specifications, price schedule, and all instructions. Failure to do so will be at the offeror’s risk. Each offeror shall furnish the information required by the solicitation. The proposal and price schedule must be signed by an officer of the company, who is legally authorized to enter into a contractual relationship in the name of the offeror.

All proposals received will become a part of the official contract file and may be subject to disclosure.

PROPOSAL FORMAT: All proposals should include the information outlined below and in the following order:

1. Cover Letter: A brief cover letter of introduction and interest.

2. Table of Contents: Including all sections and subsections.

3. Business Information: State the full name and address of your organization and the branch office or subordinate element that will perform the services described in this proposal. Include a telephone number, the point of contact and official signature of an authorized company representative. Indicate whether you operate as a single proprietorship, partnership, or corporation. Include the state(s) in which you are incorporated and/or licensed to operate.

4. Qualifications and Experience: Include an organization chart and summary resumes of key personnel proposed for the project, including designations of the team leader, the consultant responsible for design, the project architect, the person responsible for all proposed communications with the owner and all proposed sub-consultants and a description of their roles.

a. Current Project Assignments: Identify the current project assignment(s) and the currently identified completion date(s) for projects currently being managed by the key individuals proposed for our project.

b. Understanding of the Project: Statement of the firm's understanding of the project and proposed approach for providing requested services.

c. Additional Services Required: Based on the firm's understanding of the project, identify any additional services that might be required for a successful program.

References: Include a minimum of three references for contracts of a similar nature, preferably public sector references. Include the name, address, telephone number, point of contact and description of the contract for each reference. Examples of no more than three "reference projects" which represent the design teams approach to design solutions for projects of similar scale and complexity, and the information on these projects must indicate the contributions of proposed key personnel in the design and development of the "referenced projects" cited in the submittal.

6. Financial Information and Documentation: Provide relevant information regarding organizational stability and strength. Documentation may include:

a. A statement of organizational structure (e.g., sole proprietorship, partnership, corporation, joint venture, etc.), information regarding the make-up of that structure (e.g., owner, partners, board of directors joint venture partners, etc.), a listing of financial references.

b. Failure to Complete Prior Projects - disclose whether the Offeror (or any general partner or joint venture of the Offeror) has ever failed to complete a similar project. If so, list the date of commencement of the project and the entity for which the project was to be performed, and explain why the project was not completed.

c. Disclose information and provide an explanation regarding any contracts involving the offeror or joint venture firm within the last three years which exceeded initial program or project budget, exceeded initial schedule, and any contract penalties or damages assessed.

7. Contractor Provided Equipment: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary for the ACC Transit Bus Advertising Program Management as per the scope of services outlined herein and in accordance with the ACCGov/ACCTD Transit Advertising Policy, Rev 5 1 2018 (attached).

8. Completed Revenue Proposal Form: The contractor shall complete the included Revenue Proposal Form indicating percentage of sales payable to Athens-Clarke County Transit Department along with a guaranteed minimum annual payout.

9. Other Relevant Information: Include any other relevant information concerning the project in this section.

THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY

REQUEST FOR PROPOSAL (RFP)

RFP #25024 ACC TRANSIT BUS ADVERTISING PROGRAM MANAGEMENT

TRANSIT DEPARTMENT

ATHENS, GEORGIA

SECTION II - REQUEST FOR PROPOSAL OVERVIEW AND

PROCEDURES

A. INTRODUCTION

PURPOSE

The Unified Government of Athens-Clarke County Transit Department (ACCTD) desires to solicit competitive proposals from responsible vendors to provide On-Board Transit Advertising Program Management services for the Transit Department in accordance with the ACCGov/ACCTD Transit Advertising Policy, Rev 5 1 2018 (attached)/attachment B for a two-year period, with the option to extend the contract for three additional one-year terms if agreed upon by all parties.

The contractor will provide services per the scope of services as indicated in Section III of this request for proposal (RFP).

B. RFP TIMETABLE

The anticipated schedule for the RFP and contract approval is as follows:

Proposal Documents Available………………. Tuesday, August 26, 2025 Deadline for submission of questions ................ Monday, September 9, 2025 by 2:00 PM

ET

Deadline for receipt of proposal ......................... Wednesday, September 17, 2025 by 10:00

AM ET

Proposals Valid Until ......................................... 120 days after submission

C. CONTACT PERSON

The contact person for this RFP is Rena Durie, Senior Buyer. Explanation(s) desired by the offeror(s) regarding the meaning or interpretation of this RFP must be requested from the contact person, in writing via email at rena.durie@accgov.com or accbids@accgov.com.

Offerors are encouraged to contact only the contact persons stated above to clarify any part of this RFP. Any such unauthorized contact shall not be used as a basis for responding to this RFP and also may result in the rejection of the offeror's submittal.

D. MINIMUM PROPOSAL ACCEPTANCE PERIOD

Proposals shall be valid and may not be withdrawn for a period of 120 days from the date specified for receipt of proposals.

E. ADDITIONAL INFORMATION/ADDENDA

The Unified Government of Athens-Clarke County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the proposal due date. Offerors should not rely on any representations, statements or explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued will prevail.

mailto:rena.durie@accgov.com

Request for additional information or clarifications must be made in writing no later than the date specified in the RFP Timetable. The request must contain the offeror's name, address, phone number, and email address.

Offerors must acknowledge any issued addenda. Proposals which fail to acknowledge the offeror’s receipt of any addendum will result in the rejection of the proposal if the addendum contained information which substantively changed the Owner’s requirements

Offerors who obtain this Request for Proposal from Georgia Procurement Registry or Athens Clarke County/Purchasing or from other than the Purchasing Division are advised to re-visit the above websites to obtain any addenda which may be issued prior to the proposal closing date. The Unified Government of Athens-Clarke County assumes no responsibility for Offerors’ failure to acknowledge any addenda issued.

F. LATE PROPOSALS, WITHDRAWALS, MODIFICATIONS AND REJECTIONS

Proposals shall not be modified, withdrawn, or canceled by the offeror for a period of one hundred twenty (120) days following the time and date designated for the receipt of proposals, and each offeror so agrees in submitting his proposal. Negligence on the part of the Offeror in the preparation of his proposal shall not be grounds for the modification or withdrawal of a proposal after the time set for proposal closing. Proposals received after the proposal due date and time are late and will not be considered. Modifications received after the proposal due date are also late and will not be considered

G. PROPOSAL CLOSING

Proposal schedule prices will not be opened or read aloud publicly. A list of names of firms providing proposals may be obtained from Georgia Procurement Registry or Athens Clarke County Bids or via email request to E-Mail: accbids@accgov.com after the proposal due date and time stated herein. A tabulation of prices may be obtained upon award.

H. NON-COLLUSION AFFIDAVIT

By submitting a proposal, the offeror represents and warrants that such proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named and that the offeror has not directly or indirectly induced or solicited any other offeror to put in a sham proposal, or any other person, firm or corporation to refrain from proposing and that the offeror has not in any manner sought by collusion to secure to that offeror any advantage over any other offeror.

By submitting a proposal, the offeror represents and warrants that no official or employee of the Unified Government of Athens-Clarke County has, in any manner, an interest, directly or indirectly in the proposal or in the contract which may be made under it, or in any expected profits to arise therefrom.

I. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

By submitting a proposal and executing the attached Affidavits, the offeror verifies its compliance with O.C.G.A. §13-10-91. The offeror further agrees to maintain records of such compliance and shall provide a copy of each such verification to Unified Government of Athens-Clarke County, at the time the subcontractor(s) is retained to perform such services.

J. COST INCURRED BY OFFERORS

All expenses involved with the preparation and submission of proposals to the Unified Government of Athens-Clarke County, or any work performed in connection therewith shall be borne by the offeror(s). No payment will be made for any responses received or for any other effort required of or made by the offeror(s) prior to the commencement of work as http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp http://www.athensclarkecounty.com/index.aspx?NID=375 http://www.athensclarkecounty.com/index.aspx?NID=375 http://ssl.doas.state.ga.us/PRSapp/PR_public_routing.jsp?route_code=nigp_list http://ga-athensclarkecounty.civicplus.com/Bids.aspx http://ga-athensclarkecounty.civicplus.com/Bids.aspx defined by a contract approved by the governing body of the Unified Government of Athens- Clarke County.

K. EQUAL OPPORTUNITY POLICY STATEMENT

It is the policy of the Athens-Clarke County government that no person or business shall be excluded from participation, denied the benefits of, or otherwise discriminated against in relation to the award and performance of any contract or subcontract on the grounds of race, color, creed, national origin, age, or sex.

L. HOLD HARMLESS AND INDEMNIFICATION

The Offeror agrees, insofar as it legally may, to indemnify and hold harmless the Unified Government of Athens-Clarke County, its officers, employees and agents from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments, whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Offeror, its officers, employees, and agents under any of the terms of this contract.

M. SITE VISIT:

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event, shall failure to inspect the site constitute grounds for a claim after contract award.

N. AWARD OF CONTRACT

This is a past performance/technical/price trade-off source selection in which competing offeror’s past and present performance history and technical ability will be evaluated on a basis approximately equal to price. Award will be made to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors listed in Section IV herein. The Unified Government of Athens-Clarke County may reject any or all proposals if such action is in the Unified Government’s interest.

O. MULTIPLE AWARDS

The Unified Government of Athens-Clarke County reserves the right to make multiple awards or to award a contract by individual line items or alternatives, by a group of line items or alternatives, or to make an aggregate award, whichever is deemed most advantageous to the Unified Government. If the Unified Government determines that an aggregate award to one offeror is not in the Unified Government's best interest, "all or none" offers shall be rejected.

P. PLACE OF PERFORMANCE

The Unified Government of Athens-Clarke County will not contemplate traveling outside the City of Athens to the contractor’s facility for custom fitting or alterations. The offeror shall insert in the spaces provided in the price schedule the address of the plants or facilities location(s) that he intends to use.

Q. QUALIFICATION OF OFFERORS

The Unified Government of Athens-Clarke County may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work and the offeror shall furnish to the Unified Government all such information and data for this purpose as may be requested. The Unified Government reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy the Unified Government that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

The Unified Government of Athens-Clarke County contractors/vendors must have a current Athens-Clarke County business license if they are physically located in Athens-Clarke County or if they perform a service in Athens-Clarke County.

Proposals from any offeror that is in default on the payment of any taxes, license fees, or other monies due to the Unified Government will not be accepted.

R. ALTERNATE PROPOSALS

Alternate proposals or proposals that deviate from the requirements of this solicitation will not be considered. Offerors shall not insert in their proposal any written statement which will have the effect of making any material change or changes in the Scope of Services or in any contract between the parties covering subject matter thereof.

S. OPEN RECORDS

In accordance with OCGA Section 50-18-72(a)(34) Any trade secrets obtained from a person or business entity that are required by law, regulation, bid, or request for proposal to be submitted to an agency. An entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency makes a determination that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure;

T. NON-DISCRIMINATION ORDINANCE

Contractor agrees to abide by and be bound by Chapter 6-21 of the Code of Athens-Clarke County, Georgia, regarding Unlawful Discrimination and agrees to ensure that any and all subcontractors operating pursuant to this solicitation also agree to abide by and bebound by Chapter 6-21 of the Code of Athens-Clarke County, Georgia.”

SECTION III - SCOPE OF SERVICES

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary for the ACC Transit Bus Advertising Program Management as per the scope of services outlined below and in accordance with the ACCGov/ACCTD Transit Advertising Policy, Rev 5 1 2018 (attached), for a two-year period, with the option to extend the contract for three additional one-year terms if agreed upon by all parties.

A. INTRODUCTION AND PURPOSE

The Unified Government of Athens-Clarke County (ACCGov) is a unified city/county government located in the northeast section of the state of Georgia and is approximately sixty

(60) miles northeast of Atlanta, Georgia. The Unified Government of Athens-Clarke County (the government’s official name) was formed in 1991 by a referendum which required the combining of The City of Athens and Clarke County. ACCGov serves an area population of approximately 100,000 with annual growth projected at 1% per year. ACCGov provides a multitude of local and state-funded services, which includes, but is not limited to, Public Safety, Utility, Courts, Corrections, Tax and Fire Services. ACCGov employs approximately 1,900 people.

Athens Transit, a department of the ACCGov, the public transportation provider for the ACCGov, in order to generate additional revenue to off-set Transit Operating costs, desires a contractor to develop an on-board exterior and interior commercial transit advertising and transit marketing program.

B. GENERAL REQUIREMENTS

1. Physical Security: The contractor shall safeguard all Unified Government of Athens- Clarke County property provided for contractor use. At the close of each work period, vehicles, facilities, support equipment, and materials shall be secured.

2. Access Control: Meetings will be coordinated through the departmental contacts.

3. Contract Performance Period: Contract performance period will start January 1, 2026 and run for a two-year period, with the option to extend the contract for three additional one-year terms if agreed upon by all parties, unless terminated by either party giving to the other written notice of termination in writing thirty (30) days prior to the proposed date of termination. Termination by the Unified Government of Athens- Clarke County can be immediate upon contractor failure to comply with any of the terms.

4. Hours Of Operation: 8:00 AM – 5:00 PM Monday – Friday, some evening and weekend meetings may be required based on mutually agreeable need.

5. Financial Compensation: The Contractor shall pay ACCTD a negotiated percentage (minimum of 50%) of all annual net advertising sales revenue or an annual minimum guaranteed rate, whichever is greater. Offerors are encouraged to propose more than 50% of annual net advertising sales revenue. Offerors proposing less than the minimum 50% of all annual net advertising sales revenue will not be considered.

The Contractor shall pay ACCTD on a monthly basis the negotiated percentage of the net advertising sales revenue for the previous months net billing, or 1/12 of the annual minimum guaranteed contract amount, whichever is greater, plus any other income due ACCTD by the 20th of each month. For example, 50% of July’s net billing or (1/12) of the annual minimum guaranteed contract amount, whichever is greater, is payable to ACCTD on the 20th of August, and so on.

“Net billing” shall mean the gross billing less: (1) single commission (if any) paid by an advertiser to a bona fide advertising agency retained by the advertiser; and (2) any labor and material charges made by the Contractor under the declared schedule of rates and charges. The deduction from gross billings permitted for agency commission rates shall not exceed 15 percent. If the advertiser did not retain an ad agency, no commission may be deducted in calculating the net billing. No deduction shall be permitted for “rep commissions’ or “finder fees.” The Contractor may not charge a commission to an advertiser. In no case shall the Contractor pay a commission to or retain a person or a firm in which the Contractor is in any way financially interested.

All net billing shall be considered “received by the Contractor’ at the time of billing and no deduction shall be made due to any other debt.

The Contractor shall inform ACCTD of the dollar value received from advertisers, if the Contractor accepts any non-cash goods, services, or things of value in lieu of all or some of its net billings and include such things as part of the gross billing in the calculated amount due ACCTD.

The Contractor shall keep and provide a monthly and accurate accounting of its sales, revenue and collections including a statement of size and type of display contracted for each advertiser. Any payment not made when due is subject to a late charge of two- and one-half percent (2.5%) per month.

The Contractor shall keep and make those records available for inspection to ACCTD or audit by ACCTD or its authorized agent, in order to verify monthly and annual statements at any reasonable time throughout the period of this agreement and three years after termination of this agreement. Audits shall be conducted in accordance with generally accepted auditing standards and/ audit procedures and guidelines of ACCTD.

Contractor shall fully cooperate with ACCTD or its auditor(s) during audits and inspections and provide all requested documentation in a timely manner. If the audit reveals discrepancies in amounts due ACCTD, the Contractor shall be responsible for the additional amounts due within 30 days of audit findings, including any amounts subject to the late charge of two- and one-half percent (2.5%) per month.

The Contractor shall demonstrate its financial ability to perform under the proposed agreement. Information such as financial statements, lines of credit, etc. shall be submitted for review, if requested.

The Contractor shall supply an irrevocable, unconditional Letter of Credit, from a commercial bank or banks authorized to do business in the State of Georgia in a form acceptable to ACCTD, in the amount of (50%) fifty percent of the minimum guarantee set forth in the proposal. The Letter of Credit shall be maintained and effective throughout the contract, and shall be presentable at a bank satisfactory to ACCTD. If ACCTD chooses to extend the agreement for an additional year(s), this Letter of Credit shall extend likewise.

a. The Contractor shall prepare and submit monthly billing the ACCTD Marketing Coordinator, Rachel.hopkins@accgov.com and ACCTD Director, victor.pope@accgov.com. The monthly billing is required to include the following:

(i) Name and address of the Contractor.

(ii) Month of billing report mailto:Rachel.hopkins@accgov.com mailto:victor.pope@accgov.com

(iii) Advertiser name

(iv) Payment status (Paid or unpaid) for each advertiser

(v) Total amount billed for each advertiser

(vi) Percentage due ACCTD for each advertiser.

(vii) Amount due ACCTD for each advertiser

(viii) Monthly total due ACCTD

C. ADDITIONAL REQUIREMENTS

1. TERMINATION FOR CAUSE

The Unified Government of Athens-Clarke County reserves the right to terminate the resulting contract, in whole or in part, for failure to comply with any provisions of the contract as outlined by providing a written notice to the successful vendor at least ten

(10) days before the effective date of termination. The successful vendor will not be relieved of any outstanding responsibilities or unfinished obligations under this contract.

The successful vendor has the right to terminate this contract for cause by providing a written notice of intent to the Purchasing Administrator to terminate at least thirty (30) days prior to the effective date of the contract termination.

2. CONTRACT RENEWAL TERMS

Beginning January 1, 2028, the term of this contract shall be automatically extended for three (3) additional periods of one (1) year each (collectively “Renewal Term”) unless either party gives written notice of its intention not to renew, or the intention to modify, the agreement 90 days before expiration of the effective renewal term.

3. TERMINATION WITHOUT CAUSE

The Unified Government of Athens-Clarke County reserves the right to terminate the contract at any time without cause, in whole or in part, by providing a written notice to the other party at least thirty (30) days before the effective date of termination. The other party will not be relieved of any outstanding responsibilities or unfinished obligations under this contract that were incurred prior to termination.

4. REPORTING DISPUTES

The contractor shall report any contract disputes and/or problems to the Purchasing Administrator, both verbally and in writing, within 48 hours of their occurrence.

5. INDEPENDENT CONTRACTOR

The contractor shall not be an employee of the Unified Government of Athens-Clarke County, but shall be an independent contractor. Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind the Unified Government or to otherwise act on behalf of the Unified Government, except as the Unified Government may expressly authorize in writing.

6. SAFETY

The contractor shall take every precaution at all times for the protection of persons and property, including the Unified Government of Athens-Clarke County's employees and property and its own. The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work under this contract.

The contractor shall maintain an adequate safety program to ensure the safety of contractor employees, subcontractor employees, and all other individuals working under this contract. In addition, the contractor must also provide the Unified Government of Athens-Clarke County with a written safety program that he intends to follow in pursuing work under this contract. No work under this contract will be permitted until the Unified Government is assured that the contractor has an adequate safety program in effect.

7. SUBCONTRACTS

No portion of the work shall be subcontracted without the prior written consent of the

Unified Government of Athens-Clarke County Purchasing Division. If a portion of the work is approved for subcontracting, the contractor shall remain fully liable and responsible for the work to be done by the subcontractor(s) and shall assure compliance with all requirements of this contract.

8. ESTIMATED QUANTITIES

The quantities of items specified in the Proposal Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Unified Government of Athens-Clarke County requirements do not result in orders in the quantities described as "estimated", that fact shall not constitute the basis for an equitable price adjustment. Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order clause or elsewhere in this contract, the Contractor shall furnish to the Unified Government all items specified in the Proposal Schedule and called for by orders issued in accordance with the Ordering clause.

9. CHANGES

Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

10. INSURANCE

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance specified below. The insurer shall be in good standing within the state of Georgia through the Insurance Commissioner’s Office and must be rated “A” or better, with AM Best Company.

b. Before commencing work under the contract, the Contractor shall provide to

Athens Clarke County, Attn: Purchasing Administrator, a Certificate of Insurance evidencing the required kinds and amounts of insurance. The minimum kinds and amounts of insurance shall be:

i. Workers’ Compensation – Contractors are required to comply with applicable Federal and Georgia State workers’ compensation statutes.

Policies covering Workers’ Compensation liability shall provide coverage of statutory benefits and employers liability of at least $100,000 each accident; at least $100,000 each employee for disease and $500,000 policy limit for disease.

ii. General Liability - $2,000,000 aggregate; $1,000,000 per occurrence;

$2,000,000 products completed operations; $1,000,000 personal and advertising injury or greater. Coverage should be on a per occurrence basis.

iii. Automobile Liability – Automobile liability insurance shall be written on the comprehensive form of policy – Combined single limit of at least $1,000,000 to include Hired Autos and Non-owned Autos. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

iv. Umbrella Liability - $2,000,000 on a per occurrence basis

c. The Certificate of Insurance evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting The Unified Government of Athens Clarke County’s interest shall not be effective until 60 days after the insurer or the Contractor gives written notice to the Purchasing Administrator.

d. The Certificate of Insurance shall reference the proposal and project name as evidencing this requirement.

e. The Contractor shall insert the substance of this requirement, including this paragraph, in subcontracts under the contract that require work on The Unified Government of Athens-Clarke County property and shall require subcontractors to provide and maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Purchasing Administrator upon request.”

f. The following persons or entities are to be listed on the Contractor’s general liability policy of insurance as additional insureds:

i. Unified Government of Athens-Clarke County, Georgia

11. ADVERTISING GUIDELINES

C-1 ACCTD is seeking proposals from qualified advertising professionals/firms to perform sales, production, installation, removal and maintenance of comercial advertising on its revenue fleet and management of it’s program.

C-2 GRAPHICS

All exterior graphics shall be transit industry-automotive grade UV resistant self-adhesive vinyl. Interior ceiling graphics shall be transit industry-automotive grade self-adhesive vinyl.

Interior bus card graphics shall be produced on self-supporting polystyrene or equivalent materials.

Digital graphics should be provided in .png or .jpg format at a 16:9 ratio, 1920 pixels by 1080 pixels.

C-3 POLICY

All advertising must be in accordance with the ACCGov/ACCTD Transit Advertising Policy, Rev 5 1 2018 (attached).

D. SPECIFIC TASKS:

Work shall include, but not be limited to the following:

E-1 Services Required Responsibilities include: Contacting potential clients to place advertising on/in ACCTD vehicles; maintaining client relationships; performing all sales duties; maintaining internal procedures for screening content; production of all advertising media; installation, removal, and disposition of all advertising media; marketing and management of ACCTD external transit advertising program; collections of advertising revenues and paying revenue to ACCTD, as set forth herein.

E-2 All costs of fulfilling these responsibilities will be borne by the Contractor. The Contractor, subject to terms and conditions set forth herein, shall have the exclusive right to sell advertising to be placed in and on ACCTD’s revenue fleet. Contractor shall solicit advertising at the maximum feasible published rates in an effort to completely utilize all available advertising space authorized by the contract, and to secure the maximum revenue return to the ACCTD.

E-3 Proposers are advised that vehicles used by ACCTD may be operated on all routes, as needed, and cannot be restricted to specific geographic locations or corridors.

BUS

TYPE QTY

**EXTERIOR

AVAILABLE SPACE

Buses Street Side

Curb Side

Full Rear

Curb Side Rear

Qtr

Driver Side

Behind Driver Window

35 ft Gillig 2 2 2 2 2

40 ft Gillig 30 30 30 30 30

Paratransit

Vans 5 5 5 5 5

Total ad spaces 185 36 36 36 26

INTERIOR SPACES

PER BUS

35 ft Gillig 2 20 52

40 ft Gillig 30 25 750

Interior Electronic

Sign 32**

Vans 5 5 5 5 5

Total interior ad spaces 827

Combined total ad spaces 1,012

Wrap Ads* 35 ft Gillig 1 40 ft Gillig 10

Vans 2

Total wrap ad spaces

* Currently only 50% of Fleet Revenue Vehicles can have half and full wrap ads installed. ACCTD does not limit the number of “Full Back” ads.

** ACCTD fixed route buses are equiped with 37 inch “Super-wide” 32:9 700 Intelligent Display which can be utilied for interior digital advertising in accorance with the below digital advertising specifications.

Ads should be provided in .png or .jpg format at a 16:9 ratio, 1920 pixels by 1080 pixels

The current digital network is operated by Message Point Media - a visual communications company. The service provider, MPM, will direct content management, scheduling, and proof of play. They are able to partner with the successful bidder for content creation if the bidder’s business does not provide graphic services.

MPM will take responsibility for all content management, placement, storage, removal and scheduling for advertising content without impacting BJCTA’s existing content management and creation budget. Additionally, MPM will manage the following:

• Proof of Play: The MPM support team will do all the work to prepare complete proof of play reporting for the Agency to provide to advertisers.

• Split-Placement: The digital network will support an advertisers provision of multiple content items that can be automatically rotated within a single slot to keep their messaging fresh.

Rotation order is maintained even across reboots or turning off the vehicle.

• Flash-Ads: If desired, MPM’s support team will provide a channel for advertisers to submit “flash-ads” that replace the content in their contracted advertising slot for a defined period of time with one (1) business day turn-around. The team will review ad content against the provided BJCTA standards before posting and forwarding questionable items to a defined agency contact.

• Automatic Scheduled Content Rotation. MPM can configure a content slot to play a different content item (or playlist for split placements) based on the hour of the day, day of the week, week of the month, week of the year, or month of the year allowing advertisers to target specific audiences or promote different things at different times. This can also allow “theme” content for holidays or seasons.

• Dynamic Triggers: Ads can be automatically changed based on external triggers such as weather (sun vs. rain, hot vs. cold temp) or Internal Triggers from the onboard Ranger interface such as APC Count.

• Dynamic Response System: Ads can include unique auto-generated QR Codes that riders can scan with their mobile phones to connect with advertiser defined web content (landing pages, coupons, etc.). SMS Short-codes are also available as an extra cost option. Detailed usage reporting can be provided to advertisers.

• Co-Managed Support Level for Advertising Content: The MPM support team can handle all the details of managing scheduling and restrictions of complex advertising placements.

• When calculating the revenue share in your proposal please take into consideration that 5% of revenue will be paid to Message Point to operate the digital network service from the prospective bidder's share. Provide a proposed revenue sharing model that will properly value the MAX Transit’s audience and the commercial potential of this network. The business model should include a summary and explanation of any other contributing expenses to the total cost.

E-4 ACCTD Fleet Characteristics

The following is a current complete list of ACCTD revenue vehicles and available exterior / interior advertising space.

E-5 Framed Advertisements

Framed advertisements will not be permitted on ACCTD vehicles.

E-6. Interior Advertising Space

ACCTD will make all interior channel spaces available for advertising purposes, except as noted herein. All buses are equipped with channel tracks can display ads. Interior cards measure a minimum 11 inches high by 17 inches wide, alternative sized ads may be proposed.

ACCTD reserves the right to produce cards promoting transit services, holidays, special events, etc. or to negotiate with the contractor, at a fair market value, to produce such cards.

The contractor, at no cost to ACCTD, will do posting of all the paid advertising cards. All interior advertising is confined to channels above the seating areas. Note: Alternative sized ads may be proposed for length and for ceiling ads. ACCTD reserves the right to approve or deny any oversized advertising.

E-7. The contractor’s duty to replace interior bus cards shall exist regardless of whether the bus cards were negligently or intentionally damaged or subject to malicious mischief or acts of vandalism. Contractor’s obligation to replace said cards is absolute and is not dependent upon any notification by ACCTD; however, Contractor agrees to replace any damaged cards immediately upon receipt of written notice from ACCTD within seventy-two (72) hours after notice. Contractor will remove dated cards from buses within two working (2) weeks after they expire.

E-8. Use of Unsold Advertising Space

Any unsold advertising space shall be made available to ACCTD and will be posted by the Contractor with ACCTD and ACCTD partnership supplied artwork. ACCTD will provide Contractor with ACCTD artwork to be produced, or negotiate with Contractor to produce ACCTD specific artwork, and placed on vehicles. ACCTD will pay the production cost for advertising materials. Installation will be done at no cost to ACCTD. Unless Contractor is notified in writing, all such postings of unsold advertising displays shall be subject to preemption for paying advertiser.

BUS TYPE QTY

SIZE

Street Side Curb Side Rear

Curb Side Rear Qtr

DS

Behind window

35 ft

Gillig 2 174 x 30 88 x30 84 X 30 72x30

45x45 40 ft Gillig 30 228 x 30 144x30 84 X 30 72x30 45x45 vans 5 174 x 30 88 x30 84 X 30 72x30

Full Back 37 96 X102 Note: Alternative sized ads may be proposed. ACCTD reserves the right to approve or deny any oversized advertising.

Note: ACCTD reserves the right to use any unsold advertising space and up to (5%) five percent of the interior and exterior advertising space in conjunction with ACCTD service improvement / marketing program’s and partnership’s and trade agreements. All space on these vehicles may be sold, if it does not interfere with approved marketing programs and any separate trade agreements by ACCTD.

E-9 ACCTD Review of Advertising

ACCTD requires review all advertising placed on or inside ACCTD buses in accordance with the ACCTD advertising policy and guidelines noted here in, that may conflict with the advertising policy. ACCTD Director or designee shall have final approval authority of all advertising content.

E-10 Removal of Advertising

Advertisements which do not comply with the rules set forth in Section B-10, “Advertising Content,” and the rules and conditions set out elsewhere in the contract documents are not allowed on ACCTD vehicles.

Advertisements which are placed on vehicles but which are later determined not to comply with rules established by ACCTD, as determined by the Transit Director, or his designee shall be immediately removed by the Contractor, at the Contractor’s expense upon receiving notice from ACCTD to do so.

The Contractor understands that a partnership exists between ACCTD and the Contractor to make public transportation attractive and respected within the community. Contractor agrees to maintain high advertising industry standards relative to advertising copy and graphic design.

E-11 Advertising Content

It is the policy of the Unified Government of Athens-Clarke County (ACCGov) and the Athens-Clarke County Transit (ACCTD) to allow commercial advertising on the exterior and interior of ACCTD buses. Currently all forms of advertising on shelters and benches are not allowed in accordance with the attached ACCGov/ACCTD policy and as noted below.

Any advertising determined to not be in accordance with the ACCGov/ACCTD Transit Advertising Policy, Rev 5 1 2018 (attached), shall be immediately removed and all costs and lost revenues incurred for said advertising shall be assumed by the contractor.

The following advertising is prohibited on all ACCTD vehicles:

a. False, misleading, or deceptive advertising.

b. Promotes unlawful or illegal goods, services, or activities.

c. Implies or declares an endorsement by the ACCGov or ACCTD of any goods, services or activities.

d. Contains any lewd or obscene matter, as defined under O.C.G.A. §16-12-80.

e. Contains any image or description, which, if furnished, exhibited, or sent to a minor would give rise to a violation of the ACCGov or ACCTD policy.

f. Contains an image or description, which, would give rise to a violation of ACCGov or

ACCTD

g. Is libelous;

h. Promotes the sale of tobacco or tobacco-related products;

i. Primarily promotes the sale of liquor, wine, beer, or distilled spirits;

j. Supports or opposes a political, moral, or social issue or any ballot measure, or any other matter which is the subject of an election;

k. Supports or opposes a religious denomination, creed, doctrine, or belief;

l. Displays any word, phrase, character or symbol likely to interfere with, mislead or distract traffic, or conflict with any traffic control device;

m. Incorporates any rotating or flashing devices or any other moving parts.

n. Which is not commercial advertising and which is in opposition to, in support of, or otherwise addresses an idea, concept, theory, belief, issue, position, or the like from the standpoint of morality, politics, theology, or an expression of a belief, opinion, or declaration that such idea, concept, belief, issue, position, or the like is right or wrong.

“Commercial advertising” means advertising promoting a legal business, product, or service where the primary purpose of the advertising is to generate profit from the operation of the business of the sale of the product or the performance of service. ACCGov or ACCTD reserves the right to change the rules related to the type and location of advertising, which is prohibited or allowed on ACCTD vehicles, by giving written notice to Contractor of such change. The change shall be applicable to all advertising for which a binding commitment for display has not been entered into at the time Contractor receives notice of change.

E-13 Schedule of Rates

The rates for various advertising mediums are the prerogative of the Contractor and shall be published. A copy of these rates shall be kept on file at ACCTD throughout the term of the agreement. The Contractor shall submit its rate schedule with its proposal and updated rate sheet once a quarter in each year of the contract. The Contractor shall provide written notice of any advertising rate change prior to the effective date of the rate change. The charges for material and labor shall not change during the duration of this contract. Additionally, the Contractor shall provide ACCTD with written details for any variation from posted rates, as well as justification for variation.

E-14 Terms of Advertising Agreements

Contractor shall not enter into any contract or agreement for placing ads on ACCTD vehicles (“Advertising Contract”) for a period which commences (i) more than six (6) months from the beginning of the Advertising Contract, or (ii) more than six (6) months after the end of the then existing term of this Contract (including renewals terms if the Contract is renewed), whichever is shorter.

E-15 Repair of Damage to ACCTD Vehicles

The contractor shall be responsible for repair of all damages caused to ACCTD vehicles as a result of any performance associated with this contract. These repairs will be the sole responsibility of the contractor and shall be completed in a timely manner.

E-16 Posting, Maintenance, Removal, and Disposal of Displays

Except as provided for removal of damaged cards; the Contractor shall remove dated advertisements within (2) two working weeks after their expiration. Advertising material, which has exceeded the period for which they are paid to be posted, shall be removed.

Contractor is responsible for the removal and proper disposal of used material from ACCTD premises.

Posted advertisements shall be maintained in satisfactory, presentable condition. Faded, torn or in a state of disrepair shall be repaired or replaced by the Contractor at Contractor’s expense.

Contractor shall install and maintain ACCTD information, promotion and ACCTD partnership advertising at no additional cost to ACCTD. ACCTD will work with Contractor and will give at least 2 (two) weeks advance notice for installation.

Contractor shall be allowed reasonable access to the vehicles for the purpose of providing its services. Contractor shall coordinate installation and removal with the maintenance supervisor or operations personnel at times when installation and removal have the least impact to ACCTD operations. Contractor or Contractor’s staff shall notify ACCTD maintenance supervisor or operations personnel prior to visit or as soon as they arrive on-site, if visit is of urgent nature. Contractor vehicles shall be clearly marked and all personnel must have proper identifiable clothing and/or ID badges or other identification that will identify them as Contractor or sub-contractor. The Contractor’s employees shall obey all safety signs and posted rules on the ACCTD premise.

Contractor’s employee shall not operate ACCTD vehicles at any time. Should an ACCTD vehicle need to be moved during the installation/maintenance activity, a ACCTD supervisor shall be informed and he shall facilitate the move.

E-17 Shop and Storage Space

No storage space at ACCTD shall be available to the Contractor under the terms of the agreement. Production that is transit related may be shipped directly to ACCTD for installation and stored. Contractor shall give advanced notice to ACCTD maintenance supervisor, or his designee, twenty-four hours before the installation or maintenance of advertising materials.

E-18 Financial Compensation

The Contractor shall pay ACCTD…