#1B Appendix B - Media Services RFPAPPENDIX B
MEDIA SERVICES RFP
REQUEST FOR PROPOSALS
(“RFP)
For
MEDIA SERVICES, SPONSORSHIPS
AND NAMING RIGHTS
CITY OF JANESVILLE, WISCONSIN
WITH THE ASSISTANCE OF ACTIVE NETWORK
RFP # ________
(Date)
A REQUEST FOR PROPOSAL (“RFP”) FOR THE
SPONSORSHIP OF JANESVILLE’S MARKETING ACTIVITIES
AND EXCLUSIVE MEDIA SERVICES REQUIREMENTS
TABLE OF CONTENTS
PAGE
INTRODUCTION 2
SECTION I BACKGROUND/OVERVIEW 3
SECTION II RFP TIMETABLE 4
SECTION III MANDATORY PROPOSAL RESPONSE 4
REQUIREMENTS
SECTION IV PROPOSAL SUBMISSION INSTRUCTIONS 7
SECTION V SCOPE OF WORK 8
SECTION VI AGREEMENT TERMS 9
SECTION VII KEY PERSONNEL 10
SECTION VIII OFFICE LOCATION/TRAVEL 10
SECTION IX TRADEMARKS AND PATENTS 10
SECTION X EVALUATION PROCESS AND CRITERIA 10
SECTION XI GENERAL TERMS AND CONDITIONS 11
Exhibits:
Appendix A-City Properties
Appendix B-Fee Proposal
Appendix C-Program Description and Staffing
Appendix D-Principal Questionnaire Form
Appendix E-City Policies
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INTRODUCTION
Active Network (“Active”), on behalf of the City of Janesville, Wisconsin, (the “City”) is seeking
proposals for a professional service provider who is experienced in internal and external
Media Services, marketing and sponsorships to enter into an agreement (the “Agreement”)
directly with the City. The City would request the chosen proposer (the “Proposer”) to solicit
sponsorships and advertising for City wide events and initiatives with the objective of
improving the quality of life and image of the communities served by the City. The selected
Proposer would also be given the opportunity to provide the City’s media requirements on a
non-exclusive basis. The City will strongly encourage any creative or non-traditional media
forms that would meet the needs and standards of the City’s policies and interest. The
Agreement may be for a ten-year period.
This RFP and any agreement issued as a result of this RFP is intended to provide the City
incremental revenue from commercial advertisements on outdoor furniture (digital signage
and kiosks), banners, posters, bill boards, vehicles, refuse containers, websites, sponsorships
and naming rights (collectively referred to as “Advertising Media”). The Proposer will provide
for routine maintenance of all Advertising Media built or maintained by the Proposer.
Advertising Media materials shall be designed to complement key areas of the City. The City
would expect a percentage of the inventory will be granted for City marketing purposes and/or
public notices. To the extent there are any existing Advertising Media materials, the Proposer
will engage and maintain all existing advertising material the City has in place, if any, effective
the start date of the agreement. With regard to refuse containers, commercial advertisement
panels will be affixed to the containers at designated locations, adding aesthetic appeal to
otherwise uninteresting “trash cans”. The locations of the commercial advertising structures
(the “Commercial Advertising Structures”) shall be determined by the City with due
consideration to the advice of the Proposer.
Advertising Media is intended to be primarily non-public forums and any advertising displays
are for purposes of generating revenue or for City marketing and are not for providing a forum
for expression. Displays of noncommercial, alcohol/tobacco/adult oriented advertisements are
strictly prohibited. As such, individual advertisers must first qualify and obtain permission to
advertise and the burden is on the Proposer to make sure advertisements comply with City
policy and guidelines. All advertisements must be in accordance with City policies attached as
Appendix E. The Proposer shall provide the City with all necessary new installations, with the
media affixed, within 12 months from the date of the execution of the Agreement.
The City will only contract with Proposers that do not discriminate against employees or
applicants for employment because of race, creed, color, national origin, sex, age, marital
status, sexual orientation or citizenship status with respect to all employment decisions. Any
questions regarding this RFP should be addressed to:
Don Schulte
Active Network
Municipal Marketing
101 Main Street, Suite 280
Huntington Beach, CA 92648
Phone: 714.374.3330 ext. 5011
Fax: 714.200.0357
Don.Schulte@ActiveNetwork.com
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Proposers are encouraged to joint venture or subcontract with other firms if necessary in order
to best meet the scope of work. Proposers may submit proposals for all or portions of the
Advertising Media. The City is willing to enter into agreements with multiple proposers.
Section I—Background/Overview
Janesville, population 61,310, is the county seat of Rock County and the principal municipality
of the Janesville, Wisconsin Metropolitan Statistical Area. The city is located on the Rock
River in the rolling hills, rich fields and verdant woodlands of scenic south central Wisconsin.
From the time of its early settlement, residents have been committed to excellence in
commerce, education, recreation, and culture. The City’s long history of strong industry and
economic success has helped turn the city into a major commercial and industrial center for
the State-Line area.
Janesville is recognized for is its abundance of beautiful parks and recreational areas and is
known as "Wisconsin's Park Place" or "City of Parks". Handy boat launches, numerous ball
fields, playgrounds, two public golf courses, tennis courts, over 2,300 acres of parkland and
25+ miles of paved bike trail are just some of the amenities enjoyed by Janesville residents.
There is a great interest in and dedication to the preservation of the historic character of
homes and buildings in Janesville, and approximately 20% of Wisconsin's buildings listed on
the National Register of Historic Places are located here. A commitment to excellence in
culture includes lectures, exhibits, musical and theatrical performances.
Janesville's largest employer is the Mercy Health System, followed by the Janesville School
District. Other major employers include SSI Technologies, Bourns Automotive, Lab Safety
Supply, a Simmons Bedding Company factory Swing'n'Slide, (a subsidiary of Playcore, Inc.)
Hufcor and Gray's Brewing. Regional employers include Blain's Farm and Fleet, and
Woodman's Food Market.
The City wishes to enter into an agreement that will require the chosen Proposer to sponsor
events and initiatives of the City. Examples of these include Main Street Entertainment Series,
Youth Scholarship Program, “Recycling Away From Home” program, Bike Rodeo, and other
special events and other programs. The financial support of the Proposer chosen will greatly
help the City meet its objectives and mission to better serve the needs of the residents of and
visitors to the City area. The second objective for awarding this contract is to develop an
infrastructure to base City marketing and messaging at heavily trafficked points of access, City
wide. The Agreement will also supply the City access to major brand advertising companies
as well as local businesses that are interested in local marketing partnerships/sponsorships.
The City wishes to develop this relationship and infrastructure and award a ten (10) year
agreement to a Proposer that would best serve the City’s needs. The Proposer chosen would
have to assure that all facilities are supplied with advertising units/materials necessary to
provide appropriate presentation of all users of City facilities.
Section II—RFP Timetable
Written questions will be accepted and responses will be made available to all bidders.
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1) Release Date of RFP (date)
2) Pre-proposal Conference Call (date)
3) Site Visitations Upon Request (date)
4) Written Inquiries Due Date (date)
5) Proposal Due Date (date)
6) Negotiations with Proposers (date)
7) Staff Recommendation (date)
8) City Awards the Agreement (date)
Dates indicated above are subject to change at the sole discretion of the City.
Section III—Mandatory Proposal Response Requirements
All proposals must contain the following:
1. Completed Revenue Proposal Form attached as Appendix B containing a completed
description of the fees proposed to be paid by Proposer. Fees shall be payable quarterly
on the first day of February, May, August and November of each year of the Agreement.
2. Program Description and Staffing Form containing the information appearing on Appendix
C — Program Description and Staffing.
3. Cover letter
The cover letter shall include a summary of the Proposal, including a brief description of the
Project Manager and key personnel. It shall make a commitment to accept the terms and
conditions in the RFP, including acknowledgment of receipt of all amendments and/or
addenda to the RFP. Any requests for exceptions should be noted in the cover letter and
include alternatives where applicable. Exceptions will be submitted to the City Attorney for
review.
4. Project Approach
This section should demonstrate an understanding of the Scope of Work. It should describe
the general approach, organization, and staffing. All sub-consultants and their roles should
be identified. The Proposer shall include a matrix/summary identifying key personnel
assigned to all phases of the Agreement.
Each Proposer shall visit the City and submit with the Proposal a prototype or photograph
of the proposed media, and a description of the proposed media target market.
5. Timeline
The Proposer shall identify a projected timeline outlining the major steps of each
component of the program, application of the media, and the estimated length of time
required to complete each step.
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6. Proposed Design of Commercial Advertising Structures
The Proposer should describe its design concept for all furniture/hardware. Special
consideration will be given to designs that feature lighting, unique and innovative designs
(digital) and designs and/or designs that complement Janesville neighborhoods. Designs
should shall meet American with Disabilities Act of 1990 (“ADA”), 42 U.S.C.A. §12131, et.
seq., requirements. The final design shall be stamped by a Structural Engineer before they
will be accepted by the City for approval.
7. Maintenance
The Proposer shall submit a maintenance, repair, and replacement plan for all Commercial
Advertising Structures, outdoor furniture and refuse containers. The Proposer shall provide
a detailed maintenance cycle for these items.
8. Advertising Component
The Proposer should describe the content of the advertising that will be allowed, in
keeping with the City community standards. All advertisers will be pre-screened by the
Proposer. In addition, the Proposer should describe the design and amount of advertising
materials per location.
9. Requirements for Partnership Program
Each person or entity submitting the Proposal must have the capability to provide the full
range of required services as detailed in the Scope of Work for this RFP. If a team submits
the Proposal, one person or entity must be designated as the lead.
Previous professional work in the area will be a heavily weighted factor in the selection
process. Quality of performance on previous agreements, ability to meet project
schedules, ability to communicate well with both field staff and office personnel will be
some of the attributes and factors considered.
10. The Proposal shall include the following information:
a. Legal name of person or entity, address, telephone number, and fax number.
b. Names, titles and resumes of the individuals that will be assigned to this project,
including the project manager.
c. Include the corporate history, years in business, applicable experience, size of
corporation, and provide other relevant documentation.
d. Current number of personnel and the high and low variations during the last five
years.
e. Description of the structure of the Proposer (i.e., whether an individual, partnership,
corporation, joint venture, etc.).
f. Marketing Support Revenue: Estimate of advertising, merchandising and promotional
dollars for city special events.
g. A proprietary financial statement (separately sealed and marked “confidential”). The
statement should include a full detailed and audited presentation of the true condition,
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including the last two fiscal years, of the Proposer’s assets, liabilities, and net worth.
The statement should include balance sheets and income statements.
h. A list of agreements with the City during the past five years, if any.
i. The identification of the principal contact with the City.
j. The name, address, and telephone number of the person to whom correspondence
should be directed.
k. A representative listing of all clients in the past ten years that have received similar
service reviews as described in this RFP.
l. References that the City may contact concerning the Proposer’s performance on all
other similar agreements in the past ten years. Include project descriptions and year
completed.
m. At least two contact reference names per project, titles of contact references, e-mail
addresses and phone numbers, including current client references.
n. If the Proposer is a Minority, or Woman-Owned Business Enterprise, list of agencies
with whom the Proposer is certified. If the Proposer is a MBE, or WBE not yet certified,
please indicate.
o. A list of all sub-consultants by company name, address, contact person, telephone
number and project function and describe the Proposer’s experience working with each
sub-consultant.
p. An up to date Dun & Bradstreet report.
Section IV—Proposal Submission Instructions
The proposals must be signed by an individual who is authorized to bind the proposer to all
commitments made in the proposal. The original and five (5) copies of the proposal, together
with all attachments, must be submitted to the persons named below, in a sealed opaque
envelope no later than 5:00 PM PST on _______ __, 2010. No telegraphic or facsimile
proposals will be accepted. Any late proposals will be returned unopened.
Interested parties are advised that the authorized contact person for this procurement is set
forth below. No contact with any other City personnel other than the authorized contact person
is allowed until such times as an award (or awards) has (have) been made. The City is under
no obligation to respond to any question, inquiry or assertion that is not received in writing.
Interested parties may contact the authorized contact person by telephone to advise that a fax
transmission has been sent to the above number. Violation of these provisions may result in
immediate disqualification. Proposers will submit all proposals and direct all responses,
questions, and any other communications to the following authorized contact person:
Don Schulte
Active Network
Municipal Marketing
101 Main Street, Suite 280
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Huntington Beach, CA 92648
Phone: 714.374.3330 ext. 5011
Fax: 714.200.0357
Don.Schulte@ActiveNetwork.com
With a copy to:
(Name)
(Title)
City of Janesville
Municipal Building
18 N. Jackson Street
Janesville, WI 53548
(Phone)
(Email)
All responses to questions and other communications regarding this RFP are subject to
approval of the City.
Written response to this RFP is scheduled to be received by _______ __, 2010, no later than
5:00 PM PST at the above address. Please send the original and three (3) copies of your
proposal to Don Schulte and one copy to (Name).
Section V—Scope of Work
A. General Scope:
The purpose of this RFP is for the City to enter into an Agreement(s) with one or more
professional service providers experienced in Out of Home Media,
sponsorship/marketing/naming rights, partnerships, and digital/static advertising signage.
The Agreement is intended to provide the City with incremental revenue from commercial
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advertisements. In exchange for the permission to post certain commercial advertisements, the
Proposer will provide for the routine maintenance of Commercial Advertising Structures.
Commercial Advertising Structures are intended for purposes of generating revenue while also
serving as a messaging system and promotional vehicle to promote City activities and events.
The Proposer will make sure that all advertising complies with City policy and guidelines. The
Proposer will provide the City with all new necessary installations of Commercial Advertising
Structures within a mutually agreed timetable not to exceed 12 months from the date of design
and location approval from the City.
In addition, the Proposer will be responsible for the regular maintenance of the Advertising
Media components including Commercial Advertising Structures, Outdoor Furniture, banners,
posters, bill boards, refuse containers, websites, sponsorships and naming rights.
The locations of the Commercial Advertising Structures shall be determined by mutual
agreement between City and vendor.
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“Commercial advertisements” is herein defined as advertisements that do no more than propose a commercial transaction.
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B. Specific Scope:
1. Provide or procure marketing partnerships/sponsorships. Identify interior and exterior
advertising signage that will include framed and unframed advertising on digital boards,
refuse containers, banners, billboards, and interior and exterior walls. The key role of
Proposer’s responsibilities shall be to identify locations (see Appendix A: City Property List)
to manufacture, maintain and sell advertising on such displays.
2. Installation of all Commercial Advertising Structures at locations approved by the City.
3. Provide regular maintenance and cleaning of Commercial Advertising Structures. This
includes sweeping, cleaning, and keeping all Commercial Advertising Structures free of
graffiti, stickers, litter and debris.
4. Promptly remove or relocate any Commercial Advertising Structures within thirty (30) days
of receiving written notification from the City and immediately if health and safety issues are
presented.
5. Obtain prior written approval of the order specifications for signage from the City before
placing the order for the materials.
6. Submit the commercial advertising prototype to the City for approval prior to installation on
Commercial Advertising Structure.
7. Remove any media within twenty-four (24) hours of receiving written notification from City.
8. Compliance with all federal, state, City and local laws, ordinances, and requirements.
9. Provide repair or replacements for any damaged Commercial Advertising Structures owned
or installed by the Proposer within a reasonable timeframe not to exceed 90 days of
notification of such damage by the City or sooner if health and safety issues are presented.
All repairs and replacements shall be the sole cost and responsibility of the Proposer.
10. Payment of an annual revenue fee, for each year, to the City. Each year’s revenue fee shall
be paid in four equal installments.
Section VI-Agreement Term
Performance under the Agreement awarded pursuant to this RFP is intended to commence
upon execution of an agreement and extend for a period of ten (10) years. The City reserves the
right to renew this agreement for two 5 year periods prior to expiration of this agreement. The
decision to renew will be at the sole discretion of the City.
The City reserves the right to modify the composition of and the scope of services of this
project. Nothing in this RFP shall be deemed to bind the City to any terms in any potential
Agreement with a Proposer. The City reserves the right to modify the terms of this RFP in its
sole discretion.
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Section VII – Key Personnel
The City reserves the right to approve all of the Proposer’s personnel assigned to the
Agreement. The Proposal must identify the Project Manager and all proposed key personnel.
The Proposal and Statement of Qualifications shall include an estimated weekly time table for
all assigned personnel (those who report directly to the Sponsorship Project Manager).
All key personnel must be named in the Proposal. After the Agreement is signed, the Proposer
may not replace key staff without written approval by the City. The City must approve
replacement staff before a substitute person is assigned to the team. The City reserves the right
to request that the Proposer replace a staff person assigned to the Agreement, should the City
consider that such a replacement would improve performance under such Agreement.
Replacement staff will be subject to City approval prior to assignment to the team.
Section VIII – Office Location/Travel
It is not the City’s intention to house Proposer personnel in City facilities or offices; however,
workspace necessary for acquiring information may be made available if necessary. The City
will not reimburse the Proposer for personnel relocation under the Agreement. Specialty staff
identified in the Proposal that are needed for specific assignments on the Agreement may, with
advance City approval, be eligible for reimbursement for normal costs associated with travel
outside their home office. The proposer needs to have a field office close enough to the City in
order to do repairs in a timely manner and to respond quickly to maintenance requests.
Section IX – Trademarks and Patents
The Proposer shall include in the price of any bid any patent or trademark fees, royalties, and
charges on any patented article, process designs, graphics, or artwork to be furnished or used
in the prosecution of the work.
Section X – Evaluation Process and Criteria
A selection panel will be comprised of City staff from relevant departments. Each member of
the selection panel will evaluate the Proposal using the evaluation criteria listed below and rank
the Proposals.
A. Overall qualifications of proposed team and experience in
the required areas. Demonstrated prior experience with
30 Points
Commercial Advertising Structures, marketing, and/or
sponsorship
B. Product management methodology and schedule
10 Points
controls
C. Project management acumen including ability to
effectively work together with City staff, customers and 10 Points
stakeholders
D. Compensation to City 50 Points
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The top ranked Proposers may be invited to participate further in the selection process in an
oral interview. Presenters will be expected to participate to the degree commensurate with their
role in the Proposer’s Proposal. Notification to those Proposers invited to the oral interview will
include a time limit for the presentation.
Section XI – General Terms and Conditions
General Information
1. Incurring Cost. Neither the City nor Active shall be liable for any costs incurred in the
preparation and production of a proposal in response to this RFP or for any work performed
prior to the issuance of a contract. Each proposal prepared in response to this RFP will be
prepared solely at the cost and expense of the proposer with the express understanding that
there will be no claim whatsoever for reimbursement from the City or Active.
2. Rejection of Proposals. This RFP does not commit the City to award a contract, or to
procure, or to contract for services or supplies. Notwithstanding any other provisions of this
RFP, the City reserves the right to award this contract to the Proposer(s) that best meet the
requirements of the RFP, and not necessarily to the lowest bidder. The City reserves the right to
accept or reject any or all proposals received as a result of this request; to negotiate with all
qualified sources; or to cancel in part or in its entirety this RFP if it is in the interests of the City
to so do.
The City may require the Proposer selected to participate in negotiation and to submit any price,
technical, or other revisions, or their proposals as may result from negotiations.
3. Addenda to Request for Proposals. Amendments to this RFP may be necessary prior to the
closing date and will be furnished by mail to all prospective Proposers who have requested
these materials.
4. Contract Negotiations. The City intends to enter into contract negotiations with the firm or
firms selected by the RFP Evaluation Committee, who shall be required to enter into a written
contract or contracts (hereinafter, the “Contract”) with the City in a form approved by legal
counsel for the City. This RFP and the proposal, or any part thereof, may be incorporated into
and made a part of the Contract(s). The contract(s) may contain provisions not contained
herein.
The City reserves the right to negotiate the terms and conditions of the Contract(s) with the
selected proposer(s), if any. These negotiations could include all aspects of services and fees.
Neither the selection of a Proposer nor the negotiation of the Contract with such Proposer(s)
shall constitute the City’s acceptance of the proposal or a binding commitment on behalf of the
City to enter into a Contract with such Proposer(s), as any binding arrangement must be set
forth in the Contract signed by both parties and is subject to all requisite approvals.
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5. Additional Information. The City may award a contract based upon offers received without
discussion of such offers with the Proposers. Each offer, therefore, should be submitted in the
most favorable terms that the Proposers can offer the City from a price and technical standpoint.
However, the City reserves the right to request additional data or oral discussions or
presentations in support of written proposals from any and all of the Proposers. In addition, the
City reserves the right to make on-site visits to the Proposer’s place of business to assess
and/or evaluate Proposer’s qualifications.
6. Disclosure of Proposal Contents. The City will withhold proposals submitted under this RFP
from disclosure, unless otherwise required by law, including, but not limited to, the Freedom of
Information Law (“FOIL”). Proposers should indicate any information they feel is exempted from
disclosure under FOIL. In the event that the City determines that information is required by
applicable law to be disclosed, the City will notify the Proposer in advance of such disclosure to
enable the Proposer to take such action as it deems appropriate. Copies of executed contracts
are not exempt from FOIL.
7. Independent Price Determination and Gratuities: By submission of its offer, the Proposers
certify (and in the case of a joint offer, each party thereto certifies as to its own organization)
that, in connection with procurement:
A. The prices in this offer have been arrived at independently, without consultation,
communication, or agreement for the purpose of restricting competition, as to any
matters relating to such prices with any other proposer or competitor; and
B. Unless otherwise required by law, the prices which have been quoted in this offer
have not been knowingly disclosed by the Proposers prior to award, directly or
indirectly, to any other Proposer or competitor; and
C. No attempt has been made nor will be made by the Proposer to induce any other
person or firm to submit or not to submit an offer for the purpose of restricting
competition; and
D. No elected or appointed official or employee of the City shall benefit financially or
materially from this contract. The City may terminate this contract if gratuities
were offered or given by the Proposer or his or her agency to any such official or
employee.
8. Ownership of Information: The City has the exclusive ownership and unlimited rights to use,
disclose, or duplicate for any purpose whatsoever, all information, data designs, reports,
documents, data, photographs and/or other materials produced pursuant to any Agreement
developed by the Proposer under contract with the City.
9. Examination of Records: In submitting a proposal, the successful Proposer agrees that the
City shall have access to and the right to examine directly all pertinent documents, papers and
records of the Proposer and/or any sub-contractor as related to any contract and/or subcontract
resulting from this RFP until six years after final payment has been made pursuant to any
contract awarded as a result of the City’s acceptance of proposal.
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10. Subcontracting: The successful Proposer will be responsible for the entire contract
performance. The successful Proposer must indicate whether it intends to use a sub-contractor
for any part of the work. If so, the successful Proposer shall identify each sub-contractor by
name, business address and expertise, and must include the name(s) of the principal(s) of the
subcontracting entity. A full description of the tasks to be performed by the sub-contractor must
be included. The successful Proposer will not be permitted to subcontract any part of the
contract or any of the rights and obligations hereunder without the prior written approval of the
City.
11. Negotiated Changes: In the event that negotiated changes occur after the awarding of the
contract, the same pricing policies called for in the original contracts will remain in effect.
12. Confidentiality: The Proposer agrees to observe the confidentiality provisions and
prohibitions against redisclosure contained in all applicable Federal, State and local laws, rules
and regulations, as such laws, rules and regulations may from time to time be amended, relating
to records and information gathered, obtained, reviewed or developed in the performance of the
resulting agreement; and further agrees to require each of its employees, partners and agents
assigned to the performance of this agreement to observe such provisions.
13. Contractual Document: The proposal selected by the City for the award of an Agreement will
become the basis for a legally binding contract between the City and the Proposer. However,
the City reserves the right to modify any provision of this RFP and the successful proposal
before a contract is executed by the City.
14. Disclosure: All organizations contracting with the City are required to disclose the names
and home addresses of all principals. Disclosure must be provided as indicated by the type of
ownership.
A. Sole Proprietorship/Individual. The name and home address of the sole
proprietor/individual. Sole ownership must be stated on the disclosure.
B. Closely Held Corporation. The names and home addresses of all shareholders,
officers and directors.
C. Publicly Traded Corporation. Only the page(s) of the SEC Form 10-K setting forth the
names of all officers and directors.
D. Not for Profit Corporation. The names and home addresses of all members, officers
and directors.
E. Partnership. The names and home addresses of all general and limited partners.
F. Limited Liability Company. The names and home addresses of all members.
G. Limited Liability Partnership. The names and home addresses of all members.
H. Joint Venture. The names and home addresses of all joint venturers.
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15. Evaluation: Selection of a Proposer will be made after a careful evaluation of the proposals
received by the Evaluation Committee. The Evaluation Committee will consist of representatives
of the City Manager’s Office or various City departments, as appropriate.
General Conditions for Contracts
This Contract is entered into subject to the Charter and ordinances of the City of Janesville, as
they may be amended from time to time, and is subject to and is to be construed, governed, and
enforced under all applicable State of Wisconsin and federal laws. The parties to this contract
agree and covenant that for all purposes, including performance and execution that this contract
will be enforceable in Janesville, Wisconsin; and that if legal action is necessary to enforce this
,
contract, exclusive venue will lie in Rock CountyWisconsin.
1. The successful Proposer will assume all risk in the operation of the facility and shall
comply with all Federal, State, and local laws and regulations and all rules, regulations
and ordinances of the City affecting said premises in regard to all matters, and to
indemnify and hold said City, Commissioners, Agents, Officers and Employees harmless
from any claims arising out of any violation of any law, ordinance or regulation or any
action taken by the successful Proposer under any potential agreement.
2. Any real property improvements, fixed assets, and fixtures become the property of
Janesville upon termination of the contract or the end of the contract period.
3. The contract shall provide that in the event of any material misrepresentation by the
Proposer contained in its proposal, City shall have the right to immediately terminate the
agreement. It shall also provide that in the event the Proposer or any of its principals are
convicted of a misdemeanor or felony during the term of the agreement, that the City
shall also have the right to terminate the agreement.
4. The successful Proposer will expressly waive any and all claims for compensation for any
and all loss or damage sustained by reason of any defect, deficiency or impairment of
the water supply system, drainage system, gas mains, electrical apparatus or wires
furnished for the premises or by reason of any loss of any gas supply, water supply, heat
or current which may occur from time to time from any cause, or for any loss or damage
resulting from fire, water, tornado, hurricane, civil commotion or riot, and the successful
Proposer will expressly release and discharge the City and its agents from any and all
demands, claims, actions, and causes of action arising from any of the causes aforesaid.
5. The City reserves the right to conduct discussions with one or more proposers. No
proposer shall have any rights against the City as a result of such discussions. City
reserves the right to negotiate separately with any source whatsoever. The City waives
the right to waive any irregularity in any proposal received or any other aspect of this
procurement.
6. Each proposal prepared in response to this RFP will be proposed solely at the cost and
expense of the proposer with the express understanding that there will be no claim
whatsoever for reimbursement from the City.
7. Submission of a proposal in response to this RFP shall constitute an offer on the part of
the successful proposer to execute a Contract substantially as described herein.
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8. News releases or other public announcements relating to this RFP shall not be made by
any party receiving this RFP without the prior written approval of the City.
9. Disclaimer: The City and its respective officers, directors, agents, members and
employees make no representation or warranty and assume no responsibility for the
accuracy of the information set forth in this RFP. Further, the City does not warrant nor
make any representations as to the quality, content, accuracy or completeness of the
information, text, graphics, links or other facets of this RFP once it has been downloaded
or printed from this or any server, and hereby disclaims any liability for technical errors
or difficulties of any nature that may arise in connection with the Website on which this
RFP is posted, or in connection with any other electronic medium utilized by
respondents or potential respondents in connection with or otherwise related to the RFP.
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Appendix A
Janesville Properties
TBD
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Appendix B
Fee Proposal
Outline in detail all fees to be paid to the City. Fees should be broken down by sub-category
within the Advertising Media classification. These subcategories include: Outdoor furniture,
banners, posters, bill boards, vehicles, refuse containers, websites, sponsorships, naming rights
and fixed digital displays.
The undersigned hereby certifies his or her compliance with the following:
“NON-COLLUSIVE PROPOSAL CERTIFICATION”
By submission of this Proposal, each Proposer and each person signing on behalf of any other
Proposer certifies, and in the case of a joint Proposal, each party thereto certifies as to its own
organization, under penalty of perjury, that to the best of his or her knowledge and belief:
A. The prices of this Proposal have been arrived at independently without collusion,
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other Proposer or with any competitor; and
B. Unless otherwise required by law, the prices which have been quoted in this Proposal have
not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the
Proposer prior to opening, directly or indirectly, to any other Proposer or to any competitor; and
C. No attempt has been made or will be made by the Proposer to induce any other person,
partnership or corporation to submit or not to submit a Proposal for the purpose of restricting
competition.
D. The undersigned has carefully examined the Proposal and License Documents and agrees
to perform this license and to provide all services, labor, material and equipment necessary for
this license.
SUBMITTED BY: _____________________________
(Signature)
PRINT NAME_______________________________ DATE:____________
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Appendix C
Program Description and Staffing
Please provide a complete written description of the Proposal, including the following
information:
Staffing: Bios of firm principals as well as staff expected to be assigned to this project.
Detail prior experience in the area of Media Services naming rights and sponsorships.
Detail prior experience with public sector clients (similar size and scope).
Detailed cover letter on the firm’s letterhead indicating EIN number and the name of the parties
authorized to discuss and/or enter into negotiations with Janesville with respect this proposal.
(USE ADDITIONAL SHEETS IF NECESSARY)
APPROVED AND SUBMITTED BY:
(Signature)
PRINT NAME: ___________________________ DATE:
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Appendix D
Principal Questionnaire Form
All questions on these questionnaires must be answered and the answers typewritten or printed
in ink. If you need more space to answer any question, make as many photocopies of the
appropriate page(s) as necessary and attach them to the questionnaire.
COMPLETE THIS QUESTIONNAIRE CAREFULLY AND COMPLETELY. FAILURE TO
SUBMIT A COMPLETE QUESTIONNAIRE MAY MEAN THAT YOUR PROPOSAL WILL BE
REJECTED AS NON-RESPONSIVE AND IT WILL NOT BE CONSIDERED FOR AWARD
1. Principal Name
SSN ________________________________________
Date of birth _____/_____/_____
Home address
City/state/zip
Business address
City/state/zip
Telephone
Other present address(es)
City/state/zip
Telephone
List of other addresses and telephone numbers attached
2. Positions held in submitting business and starting date of each (check all applicable)
President ____/____/____ Treasurer ____/____/____
Chairman of Board ____/____/____ Shareholder ____/____/____
Chief Exec. Officer ____/____/____ Secretary ____/____/____
Chief Financial Officer ____/____/____ Partner ____/____/____
Vice President ____/____/____ ______________ ____/____/____
(Other)
3. Do you have an equity interest in the business submitting the questionnaire?
NO ___ YES ___ If Yes, provide details.
4. Are there any outstanding loans, guarantees or any other form of security or lease or any
other type of contribution made in whole or in part between you and the business
submitting the questionnaire? NO ___ YES ___ If Yes, provide details.
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5. Within the past 3 years, have you been a principal owner or officer of any business or not-
for-profit organization other than the one submitting the questionnaire?
NO ___ YES ___; If Yes, provide details.
6.
Has any governmental entity awarded any contracts to a business or organization listed in
Section 5 in the past 3 years while you were a principal owner or officer?
NO ___ YES ___ If Yes, provide details.
NOTE: An affirmative answer is required below whether the sanction arose automatically, by
operation of law, or as a result of any action taken by a government agency.
Provide a detailed response to all questions checked "YES". If you need more space, photocopy
the appropriate page and attach it to the questionnaire.
7.
In the past (5) years, have you and/or any affiliated businesses or not-for-profit
organizations listed in Section 5 in which you have been a principal owner or officer:
a. Been debarred by any government agency from entering into contracts with that
agency? NO _ YES ____ If Yes, provide details for each such
instance.
b. Been declared in default and/or terminated for cause on any contract, and/or had any
contract cancelled for cause? NO ____ YES ___ If Yes, provide details for each
such instance.
c. Been denied the award of a contract and/or the opportunity to bid on a contract,
including, but not limited to, failure to meet pre-qualification standards? NO ___
YES ___ If Yes, provide details for each such instance.
d. Been suspended by any government agency from entering into any contract with it;
and/or is any action pending that could formally debar or otherwise affect such
business’s ability to bid or propose on contracts? NO ____ YES ___ If Yes,
provide details for each such instance.
8.
Have any of the businesses or organizations listed in response to Question 5 filed a
bankruptcy petition and/or been the subject of involuntary bankruptcy proceedings during
the past 7 years, and/or for any portion of the last 7 year period, been in a state of
bankruptcy as a result of bankruptcy proceedings initiated more than 7 years ago and/or is
any such business now the subject of any pending bankruptcy proceedings, whenever
initiated? If ‘Yes’, provide details for each such instance. (Provide a detailed response to all
questions checked "YES". If you need more space, photocopy the appropriate page and
attach it to the questionnaire.)
a. Is there any felony charge pending against you? NO ___ YES ___ If Yes, provide
details for each such charge.
b. Is there any misdemeanor charge pending against you? NO ____ YES ___ If
Yes, provide details for each such charge.
c. Is there any administrative charge pending against you? NO ____ YES ___ If
Yes, provide details for each such charge.
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d. In the past 10 years, have you been convicted, after trial or by plea, of any felony, or
of any other crime, an element of which relates to truthfulness or the underlying facts
of which related to the conduct of business? NO ___ YES ___ If Yes, provide
details for each such conviction.
e. In the past 5 years, have you been convicted, after trial or by plea, of a
misdemeanor? NO ___ YES ___ If Yes, provide details for each such
conviction.
f. In the past 5 years, have you been found in violation of any administrative or
statutory charges? NO ____ YES ___ If Yes, provide details for each such
occurrence.
9. In addition to the information provided in response to the previous questions, in the past 5
years, have you been the subject of a criminal investigation and/or a civil anti-trust
investigation by any federal, state or local prosecuting or investigative agency and/or the
subject of an investigation where such investigation was related to activities performed at,
for, or on behalf of the submitting business entity and/or an affiliated business listed in
response to Question 5? NO ____ YES ___ If Yes, provide details for each such
investigation.
10. In addition to the information provided, in the past 5 years has any business or organization
listed in response to Question 5, been the subject of a criminal investigation and/or a civil
anti-trust investigation and/or any other type of investigation by any government agency,
including but not limited to federal, state, and local regulatory agencies while you were a
principal owner or officer? NO ____ YES ___ If Yes; provide details for each such
investigation.
11. In the past 5 years, have you or this business, or any other affiliated business listed in
response to Question 5 had any sanction imposed as a result of judicial or administrative
proceedings with respect to any professional license held? NO ____ YES ___ If Yes;
provide details for each such instance.
12. For the past 5 tax years, have you failed to file any required tax returns or failed to pay any
applicable federal, state or local taxes or other assessed charges, including but not limited
to water and sewer charges? NO ____ YES ___ If Yes, provide details for each such
year.
CERTIFICATION
A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN
CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE
SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE PRESENT
PROPOSAL OR FUTURE PROPOSALS, AND, IN ADDITION, MAY SUBJECT THE PERSON
MAKING THE FALSE STATEMENT TO CRIMINAL CHARGES.
I, ___________________________, being duly sworn, state that I have read and understand all
the items contained in the foregoing pages of this questionnaire and the following pages of
attachments; that I supplied full and complete answers to each item therein to the best of my
knowledge, information and belief; that I will notify the City in writing of any change in
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circumstances occurring after the submission of this questionnaire and before the execution of
the contract; and that all information supplied by me is true to the best of my knowledge,
information and belief. I understand that the City will rely on the information supplied in this
questionnaire as additional inducement to enter into a contract with the submitting business
entity.
Sworn to before me this day of 20010
__________________________________________
Notary Public
Name of submitting business: ___________________
By: _______________________________________
Print name
__________________________________________
Signature
__________________________________________
Title
_______/_______/________
Date
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Appendix E
City Policies
TBD
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