Department of Finance 515 North Avenue New Rochelle, NY 10801

Phone: (914) 654-2072 FAX: (914) 654-2057

Michael Lewis Acting Commissioner

Mark Zulli Deputy Commissioner

City of New Rochelle New York Request for Proposals

City-Wide Advertising Program Specification # 5127 Proposal Due Date August 9, 2016

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New Rochelle City-Wide Advertising Program RFP No. 5127

REQUEST FOR PROPOSAL ANNOUNCEMENT Dear Prospective Proposer, The City of New Rochelle (“City”) is seeking proposals from interested and qualified advertising media firms to develop, operate and maintain a City-Wide Advertising Program. The City is seeking to generate revenues as well as provide information to citizens and visitors through the development of a variety of advertising venues to be located on City owned property, as well as billboard locations to be determined on the I-95 Corridor within the City limits. The City intends to award this as a single master contract to a qualified firm. Proposals must include all forms and materials as specified in the Request for Proposal (RFP) to be considered responsive. Electronic and faxed copies will not be considered nor will application materials be returned. Sealed proposals must be received by 3:00 pm, on AUGUST 9, 2016 addressed to: Purchasing Office City of New Rochelle City Hall Attn: Mark Zulli, Deputy Finance Commissioner Specification No. 5127 515 North Avenue New Rochelle, NY 10801 A pre-bid conference with City tour will be held: July 12, 2016, 1:00 pm. Conference Room B-1, lower level at the above address. Attendance at the pre-bid meeting is strongly recommended. Questions regarding this RFP should be submitted in writing via email to Mark Zulli at [email protected] and Jeremy Schulman at [email protected] no later than July 19, 2016 by 5:00 pm. All questions received, and their associated answers, will be posted on the City’s website no later than July 26, 2016. The City reserves the right to amend the RFP based upon questions and issues raised at any time prior to the RFP submission deadline. Any addendums will be posted on the City’s website no later than July 26, 2016. Please contact Mark Zulli, Deputy Finance Commissioner and Jeremy Schulman to confirm your participation in the proposal process via email at the addresses above. Proposal packages may be downloaded from a link on the City website at www.newrochelleny.com under “Bid Opportunities” on the front page of the City’s website. 2|Page

New Rochelle City-Wide Advertising Program RFP No. 5127

TABLE OF CONTENTS 1.0

Request for Proposal Announcement .............................................................. 4

2.0

Background Information .................................................................................. 5

3.0

Scope of Services ........................................................................................... 11

4.0

Special Contract Terms .................................................................................. 14

5.0

Submittal Instructions Requirements and Conditions ..................................... 18

6.0

Evaluation Criteria and Basis of Award .......................................................... 20

7.0

General Requirements, Reservations, Disclaimers, and Provisos .................... 20

8.0

Forms ............................................................................................................ 24 Form A: Financial Offers and Affidavit Form B: Qualifications, Staffing and Experience Form C: Management and Marketing Plan Form D: References Form E: Affirmations

Appendices Appendix A – City of New Rochelle Demographic Information Appendix B - City Owned Property List Appendix C – Advertising Guidelines Appendix D – Economic Opportunity & Non-Discrimination Policy Appendix E – LQD PALO Specifications and Map Appendix F – Advertising Master Plan Appendix G – Map of City Owned Parking Lots

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New Rochelle City-Wide Advertising Program RFP No. 5127

1.0

Request for Proposal Announcement

1.1

Announcement

The City of New Rochelle, through its Department of Development (“the City”), is seeking proposals from interested and qualified advertising media firms to develop, operate and maintain a City-Wide Advertising Program. The City is seeking to generate revenues as well as provide information to citizens and visitors through the development of a variety of advertising formats and venues to be located on City owned property, as well as billboard locations to be determined on the I-95 Corridor within the City limits. The City intends to enter into a ten year contract with one five-year option period with the Successful Proposer. The City intends to award this as a single master contract to a qualified firm. The contact for this RFP is: Jeremy Schulman Dept. of Development City of New Rochelle City Hall 515 North Avenue New Rochelle, NY 10801 [email protected] (914) 654-2072 Proposal packages may be downloaded from a link on the City website www.newrochelleny.com under “Bid Opportunities”.

1.2

Schedule

Request for Proposal Issue Date: Pre-Proposal Conference & City Tour*: Location: Questions Due: Answers Posted:

August 9, 2016 July 12, 2016, 1:00 pm Conference Room B-1, lower level July 19, 2016 by end of business July 26, 2016

All addenda, questions and answers and notices will be posted on the City’s website. It is strongly recommended that Respondent attend the pre-bid meeting. Please note that as part of the RFP evaluation the City will include a determination as to whether the Respondent has a full and thorough interpretation of the City’s needs, which cannot be achieved without attending the meeting.

Hard Copy Sealed proposals shall be submitted prior to 3pm, August 9, 2016 to: Purchasing Office City of New Rochelle City Hall Attn: Spec. #5127 515 North Avenue New Rochelle, NY 10801 All dates are subject to change. Prospective proposers are responsible to check for changes, addenda, and any other information related to the RFP at www.newrochelleny.com.

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New Rochelle City-Wide Advertising Program RFP No. 5127

2.0

BACKGROUND INFORMATION

2.1

Purpose of the RFP

The City of New Rochelle Department of Development desires to develop a creative comprehensive advertising program employing multiple formats and venues to be located on public right of ways and City owned property. The selected proposer (“Successful Proposer” or “Contractor”) will be expected to work with the City to fully develop available outlets using its own capital. The City is open to considering new advertising technology proposals and additional locations throughout the term of the contract. The City expects that the Contractor will fully develop a negotiated number of displays within the first 18 months of the contract. With this offering, the City is seeking to A) maximize potential revenue from advertising through nearterm growth in revenues while building longer term growth potential, B) expand the City’s advertising opportunities with new inventory in high potential locations, and C) provide the advertising revenue source for the City’s LQD Palo program. A. Maximize near term advertising revenue while building longer term growth potential. The City strongly believes that the opportunity to generate revenue from advertising is more robust than recent years’ revenues suggest. The City is seeking a firm that will provide focused attention to the City’s advertising potential and create a marketing plan that will bring new advertising business to New Rochelle. The City’s demographics feature higher than average income and education levels, and a significant student population. The City believes that the mix of advertising inventory has room for expansion and optimization within and beyond the Transit Center. B. Expand the City’s advertising opportunities with new inventory in high potential locations. One of the most significant opportunities for advertising sales growth lies in adding proven types of advertising space in new City locations. This could include light pole banners, street furniture such as benches and trash barrels, and lighted displays at City parking garages and lots. The City is seeking a firm that will creatively assess all of the City’s asset potential and propose an advertising program that optimizes the revenue potential of these assets. C. LQD Palo Program In addition to the development of new outlets and a variety of display types by the Successful Proposer, this RFP also includes the opportunity to sell advertising on a new type of information/Wi-Fi kiosk known as Palo (“Palo”). The company LQD has contracted with the City to develop the Palo program. The initial Palos will be installed this spring. The Successful 5|Page

New Rochelle City-Wide Advertising Program RFP No. 5127

Proposer will enter into a separate contract directly with LQD to sell advertising on the Palo network. Currently there is no comprehensive city-wide advertising program in place. However, in the past, the City had a contract for a limited number of displays at the Transit Center. This offering is a result of an advertising master plan completed by the City attached as Appendix F which contemplates a variety of potential advertising opportunities within the City. Since completion of the plan, the City has clarified its position on the location of billboards on the I-95 Corridor and legislation has been passed by the State of New York to accommodate new billboards. Therefore, this offering includes the opportunity to negotiate terms for the immediate development of three (3) new digital billboard faces located on the I95 corridor within the City limits and for six additional billboard faces to become operational on or after January 1, 2021. This offering excludes bus shelter advertising, which is managed by Westchester County. While the City desires to exploit advertising opportunities, it also desires to maintain design quality and consistency that serve to enhance the City’s identity and brand. The intent of this program is to award a single master contract to a qualified firm. 2.2

Background

The City of New Rochelle is located approximately 25 minutes from Grand Central Station in the County of Westchester. Home to approximately 80,000 people, it is the second largest city in Westchester County and the seventh largest city in New York State. It is the mission of the New Rochelle Department of Development to plan and guide the physical and economic advancement of the City. As such, the department proposes and manages projects, programs and operations--including municipal parking services--that enhance the built environment and improve the City's quality-of-life. In support of a comprehensive advertising initiative, the City completed a branding program with North Star Destination Strategies in 2015, resulting in a suite of creative concepts for use across multiple media and platforms. To achieve uniformity of design, esthetics and messaging, it is important that the advertising program is coordinated with the branding program. 2.3

New Rochelle Advertising Market Overview

Located a short train ride from New York City, New Rochelle is a diverse city with a growing population. It is located with easy access to I-95, and is home to thriving college campuses that provide the City with good youthful energy and culture. The downtown area is a mix of old style buildings and new luxury apartments, lofts and condominiums which accent the eclectic business district and capture the vibrancy of the City. The City enjoys a growing population, and a higher than average (compared to New York State and all US) median income of ~$67,000 per year. Its citizens are diverse and well educated, with over 40% college educated and over 89% with at least high school diplomas. Over 50% of the population falls between the ages of 18 and 65 – a prime advertising demographic.

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New Rochelle City-Wide Advertising Program RFP No. 5127

Due to its proximity to NYC, there is an abundance of commuter traffic that utilizes the high quality transit facilities that New Rochelle has to offer. The following pages summarize demographic statistics for New Rochelle. See Appendix A for a full demographic report on New Rochelle.

New Rochelle Station Boardings Weekday Boardings Weekend Boardings Amtrak Boardings Annual Average Daily Traffic Huguenot St North Ave Memorial Hwy I-95 New Rochelle Transit Riders Income $1 to $9,999 or loss $10,000 to $14,999 $15,000 to $24,999 $25,000 to $34,999 $35,000 to $49,999 $50,000 to $64,999 $65,000 to $74,999 $75,000 or more

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Year

4,174 4,096 250

Source MTA MTA MTA Source NYSDOT NYSDOT NYSDOT NYSDOT

Year

19,279 18,292 12,838 111,897

Source Census Census Census Census Census Census Census Census

Year

12% 8% 9% 10% 11% 10% 4% 37%

2014 2014 2014

2013 2013 2013 2013

2014 2014 2014 2014 2014 2014 2014 2014

New Rochelle City-Wide Advertising Program RFP No. 5127

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New Rochelle City-Wide Advertising Program RFP No. 5127

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New Rochelle City-Wide Advertising Program RFP No. 5127

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New Rochelle City-Wide Advertising Program RFP No. 5127

3.0

SCOPE OF SERVICES

The City has identified likely facilities for advertising displays on City owned property for a variety of advertising types. The primary locations include the New Rochelle Transit Center, the New Roc City parking garage, adjacent to the Skate Park at Flowers Park, other parking lots and structures, and the Downtown Business District sidewalks and light poles (“Premises”). However, the City will consider any other locations that the Contractor identifies as potential advertising opportunities. The Premises will include use of a variety of designated locations and structures for placement of the advertising as described below and associated rights for access required for installation, replacement, and/or repair of the signs, utilities to service the signs, and for the maintenance and operation of the signage. 3.1

Advertising Venues and Facilities

The City has investigated a number of types of displays and street furniture that it would like to develop. These include wall mounted and free-standing backlit displays, wall-scapes, station domination (at the Transit Center), trash bins, light pole banners, and at non-park locations adjacent to the Skate Park at Flowers Park, temporary playing field fencing and scoreboard. The following infrastructure currently exists:   

100 light pole banner brackets in place in three primary locations: downtown business district on Main Street 5 fixed displays at the Transit Center 20 parking pay station sites with available power. See Appendix G for map of City-owned Parking Lots.

The City sees opportunities for additional street furniture at the Transit Center and New Roc City garage, additional light pole banners at the Flowers Park parking lots, and trash bins throughout the City. In addition it sees opportunities to more fully develop advertising displays at the New Roc City garage and the Transit Center. (Please note that the City only controls the right to advertise on the side of the tracks containing the depot building.) Finally other opportunities may exist for other types of street furniture and displays at other parking garages and lots throughout the City, as well as other City owned buildings. A full listing of City owned properties is attached as Appendix B.

3.2

LQD Palo Program

The City expects the Contractor to enter into a separate contract with LQD for selling advertising on the Palo displays located within the City of New Rochelle. The Program will be implemented in two phases: a pilot phase to include 20-25 Palo kiosks, and a second phase expected to include 160 Palo kiosks. Details about the LQD Palo Program and a map are attached as Appendix E. A map of the intended pilot locations is found at the link below: https://www.google.com/maps/d/edit?mid=zmK0LyB6SQ9c.kntl77w-88bc&usp=sharing

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New Rochelle City-Wide Advertising Program RFP No. 5127

Sample LQD Palo Kiosk

3.3

I-95 Billboards

The New York State Assembly has recently passed legislation permitting the development of up to nine (9) digital billboards on the I-95 Corridor located within the City limits of New Rochelle. Currently there are 12 billboard faces located on the Corridor. Under the current City ordinance all billboards must be removed by 2020. The City is reviewing its options for making any necessary ordinance changes to take effect after 2020. This offering includes the opportunity to develop three (3) billboard faces immediately on the Corridor and six (6) billboard faces to become operational on or after January 1, 2021. The Advertising Master Plan contains information on potential City-owned sites. While the use of City property is not required, if City-owned property is proposed by the Successful Proposer, then the City will negotiate lease terms with the Successful Proposer. The City will work with the Contractor to support its applications for permits once sites have been selected.

3.4

Responsibilities of the Contractor

The Contractor will be responsible for complete management, sales, operation, and maintenance of the advertising displays. The City will be responsible for the maintenance of the light poles and other cityowned structures upon which the displays are affixed. The City expects the Contractor to fully develop every advertising format included in the final plan recognizing some are more lucrative than others. While a phased implementation plan will be expected, no format may be neglected. No advertising format or type may be eliminated without the City’s prior written approval.

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New Rochelle City-Wide Advertising Program RFP No. 5127

3.4.1 Management Services The Contractor shall apply best efforts and use all of its contacts, knowledge, and experience to diligently manage the advertising opportunities on the Premises in accordance with outdoor advertising industry standards in order to obtain the best possible monetary return for the City. A. Sales: The Contractor shall use its own sales staff in conjunction with its contacts with advertising agencies to sell advertising on the Premises. B. Reporting: i. Quarterly Percentage Fee Reconciliation Report. On the fifteenth day of the first month following every three month period, the Contractor shall provide the City with a Quarterly Percentage Fee Reconciliation Report consisting of a reconciliation of payments due based on the then-current Minimum Annual Guarantee and the Percentage Fee defined below. Reports shall be in a form approved by the City and shall include detailed sales statistics and occupancy rates by location and type. ii. Monthly Sales Report. By the fifteen day of each month, the Contractor shall provide a detailed sales report providing a prior month and year to date listing of advertising contracts, campaign name, length of campaign, period contract amount, and occupancy for each advertising structure or network. iii. Annual Financial Statement. Each year the Contractor shall also provide to the City certified financial statements including copies of all contracts with advertisers advertising on the Premises. C. Collections: the Contractor shall make all commercially reasonable efforts to collect all amounts due under its advertising contracts. D. Improvements: The Contractor shall develop an implementation plan and schedule to build out the program during the first 18 months of the contract. During the Term, the Contractor using its knowledge of advertising industry, shall suggest updates, improvements, and changes to the existing advertising structures to promote the highest and best use in order to maximize revenues to the City. All capitals costs of improvements shall be at the sole expense of the Contractor. E. Annual Business Plan: The Contractor will provide an Annual Business Plan, detailing the marketing and sales plan for the Premises, recommended improvements and capital repairs, and projected revenues for the contract year. The first Annual Business Plan will be due within 60 days of the Commencement Date and shall also include the initial proposed rate card, and any recommendations to enhance the value of each of the locations. Each year thereafter, the Annual Business Plan will be due 30 days prior to the end of the contract year.

F. Maintenance: The Contractor shall maintain the billboards, advertising displays and street furniture in a clean and fully functional operating condition at all times during the Term.

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New Rochelle City-Wide Advertising Program RFP No. 5127

4.0

CONTRACT TERMS

4.1

Intent to Enter Into Contract

The City intends to make a single contract award and enter into a Contract in the form of a license and operating agreement with the Contractor. General terms and conditions are summarized below. 4.2

License and Operating Agreement

The City will grant a license for the Contractor to occupy City owned property for the purposes of operating its advertising business. 4.2.1

Term

The Contract Term shall be for ten (10) years, plus two five-year option terms at the City’ sole discretion. The Initial Term of the Contract will commence thirty (30) days after execution of the Contract by both parties and will end ten (10) years from the Contract commencement date. If the Contractor is not then in default, the City may approve one five-year Option Term Contract extension at its sole discretion. Prior to the completion of the first Option Term, but not earlier than one hundred and twenty (120) days before the completion of the Option Term, if the Contractor is not then in default, the City may approve an additional five-year Second Option Term Contract extension at its sole discretion. The City retains the right to cancel the Contract at any time after the Initial Term with ninety (90) days written notice for any reason.

4.2.2

Fees and Payments

A. Minimum Annual Guaranteed Fee Payment One quarter of the Contractor’s Minimum Annual Guaranteed Fee (“MAG”) will be paid every three months in advance commencing on the Agreement Commencement Date. The MAG shall increase each year (including each year of the Extension Term in the event that Contractor exercises the extension option) by the greater of 3% or the increase in the New York City Consumer Price Index All Consumers (CPI-U - NYC) for the prior 12 months. B. Percentage Gross Revenue Payment The Contractor shall pay to the City the greater of the MAG and the Percentage Fee. The Percentage Fee shall be calculated by multiplying the percentage rate times the Gross Revenues. Gross Revenues are defined as the sum of all money and other goods and/or services of value to the Contractor received by the Contractor for providing outdoor advertising on outdoor advertising faces located on the Premises during the Contract period.

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New Rochelle City-Wide Advertising Program RFP No. 5127

Within 10 days of the end of each three months after commencement of the Contract Term, Contractor will pay the City the difference between (a) the sum of gross revenues for the prior three months multiplied by the percentage payable to the City and (b) the prior quarterly MAG already paid. C. LQD Opportunity Bonus Payment The Contractor shall pay to the City a one-time bonus payment for the opportunity to enter into an advertising contract with LQD for selling advertising on the LQD Palos within the City. The LQD Opportunity Bonus Payment shall be paid to the City upon execution of the contract with LQD. D. Billboard Opportunity Bonus Payment The Contractor shall pay to the City annual bonus payments for the opportunity to secure permits for billboards on I-95. The City will work with the Contractor to support its applications for permits once sites have been selected. The bid for the Billboard Opportunity Bonus Payment shall be expressed as an annual amount for one billboard to be applicable to each billboard as they are constructed. Billboard Opportunity Bonus Payments for each billboard shall commence on the date on which each billboard becomes operational. Billboard Opportunity Bonus Payments shall continue for a period of 20 years. 4.3

Condition and Maintenance of Premises

The Premises are offered for license in “as is” condition. The City offers no representations or warranties about the condition or suitability of the sites offered in this RFP, or valid for inclusion in any permit application process. Proposers are responsible for their own assessments of site conditions and suitability and the usefulness of the information provided herein. 4.4

Permitted Uses

The permitted use of the Premises is to install, maintain, operate and repair advertising displays and to sell advertising thereon (“Advertising Rights”). All signage materials, design and content must be approved by the City. All sign content shall be subject to the City Advertising Guidelines attached hereto as Appendix C. New technologies and venues will be considered for approval by the City on a case by case basis and amended to the contract if approved. In addition, the City may propose new technologies and venues and Contractor shall submit a proposal or decline the opportunity within sixty (60) days of offering by the City. 4.5

Permits, Licenses and Regulatory Code Compliance

The Contractor will be solely responsible for obtaining any and all required permits and licenses from federal, state and local authorities. If it is determined that approvals or permits are required from any regulatory body, including, but not limited to the New York State Sign Program (NYSSP) or the City or its subdivisions, it will remain the sole responsibility of the Contractor to obtain the necessary approval or permits. Failure to obtain any 15 | P a g e

New Rochelle City-Wide Advertising Program RFP No. 5127

necessary approval or permit shall not relieve the Contractor of any payment obligations set forth herein. Moreover, the Contractor shall be solely responsible for any efforts, including, but not limited to dealings with regulatory agencies, or any matter before a court of competent jurisdiction, whether formal or informal, necessary to determine the applicability of any federal, state or local laws, regulations or guidelines related to the permitted use herein. 4.6 Appearance and Character of Advertisements - Restrictions All sign content is subject to City approval in its sole discretion. All advertisements at any time inserted or placed by the Contractor in or upon the Premises shall be of a reputable character, and the appearance of all advertisements shall be in accordance with the City’s Advertising Guidelines which may be amended from time to time. Advertising Guidelines are attached hereto as Appendix C. In the event that the Guidelines for Advertising are revised in the future to exclude any category of advertisements not currently excluded, then the Contractor and the City shall negotiate an adjustment to the MAG which takes into account the economic impact of such exclusion. No other revisions to the Advertising Guidelines shall be cause for a MAG adjustment. Any advertisements determined by the City to be objectionable within the meaning of the Advertising Guidelines shall be removed by the Contractor within 24 hours of notification of such determination. If the Contractor shall fail to do so, the City, at the Contractor’s expense, may forthwith remove the same without liability for such removal. 4.7

Use and Maintenance of Unsold Advertising Space

On the advertising displays which are not contracted for use by paid advertisers, the City shall have the right to display advertisements or public service announcements, or for reasons it determines to be in the public interest (the “Advertising Benefit”). The Contractor shall post advertisements for the City in such display units at no charge to the City for the space. However, the City will pay the fair market price to the Contractor for production and installation of advertisements. The City shall give reasonable advance notice of its desire to place a specific advertisement at a specific location. If the space remains unsold after such notice, such advertisement shall be posted at no charge for the space. The Contractor will keep on hand at all times, stock advertising initiated by the Town that is generic or which value is sustained over time. It will inform the City in advance of using this to fill unsold space, however, it is not the intention of the City to unreasonably interfere with the sale of space to last-minute paid advertisers. In addition, digital billboard display space may be used by the City for Amber Alerts and other emergency announcements as needed.

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New Rochelle City-Wide Advertising Program RFP No. 5127

At all times, advertising structures on which paid advertising is not present shall be either (i) posted with public service announcements or (ii) maintained so that expired advertisements are fully and promptly removed. 4.8

Ownership and Condition

Ownership of the any existing structures that the parties agree will be retained, will remain with the City, and ownership of new structures developed by the Contractor will revert to the City upon termination, or be removed at the City’s sole discretion, and the premises restored in substantially the same condition, normal wear and tear excepted, at the Contractor’s expense. Contractor shall maintain all structures in good condition and working order throughout the contract at its own expense. 4.9

Cost of Improvements

The cost of all improvements to the Premises, including the purchase and installation of the displays and street furniture, and all costs associated therewith will be the sole responsibility of the Contractor. No signs or street furniture may be installed, improved, repaired or altered until the Contractor submits detailed plans and specifications to the City for review and the Contractor receives written approval of said plans and specifications from the City. The City shall have up to thirty (30) days to review and approve plans. Upon receipt of written approval from the City, the Contractor may begin improvement activities in accordance with any restrictions or conditions that the City may require. The City may require a performance bond (or letter of credit) written in favor of the City in connection with any approved construction on the Premises. Any such performance bond must be secured through insurance/bonding companies that are licensed by the State of New York and have a Best’s rating of B+ or better, and must be in a form reasonably acceptable to the City. Any such bond or letter of credit shall be held by the City. 4.10

Utilities

All utility costs associated with operation of the advertising business on the Premises shall be the responsibility of the Contractor. If Contractor ties into City utilities, and depending upon the location, Contractor may be required to install a separate meter or provide an engineer’s estimate of usage for each electronic or lighted advertising display. 4.11

Records and Audits

The Contractor shall maintain books in accordance with generally accepted accounting principles and shall permit the City to inspect its books with respect to the Gross Revenues generated from advertising contracts for the City’s signs located on the Premises and the calculation of the Percentage Fee upon ten (10) days written notice from the City. In the event that an audit reveals a discrepancy in favor of the City of 5% or more, then the cost of the audit shall be paid by the Contractor. Each year the Contractor shall also provide to the City certified financial statements including copies of all contracts with advertisers advertising on the Premises. 17 | P a g e

New Rochelle City-Wide Advertising Program RFP No. 5127

4.12 Insurance The Contractor shall obtain and maintain insurance at its expense and from insurance companies of a Best Rating of B+ or better which are licensed to do business in the State of New York and otherwise reasonably satisfactory to the City. If the Contractor is permitted to sub-contract a material portion of the Services, or is otherwise identifying a third party to perform services for the City, the Contractor shall assure that such sub-contractor or other third party also has the required insurance. See Section 7.0 for more information on insurance requirements.

5.0

SUBMITTAL INSTRUCTIONS REQUIREMENTS AND CONDITIONS

5.1

Informalities, Deviations, Mistakes and Matters of Form, Not of Substance

The City reserves the right to waive any informalities, technicalities, deviations, mistakes, and matters of form, not of substance, of the request for proposal documents which can be waived or corrected without prejudice to other Proposers, potential Proposers, or any governmental body, as may be deemed in the best interest of the City. 5.2

Changes to RFP

If the City amends or changes the information in this Request for Proposals, the information will be posted on the City website in the form of an addendum. The City will endeavor to notify registered Proposers of any changes but it is the responsibility of the Proposer to check the website for this information. Please contact Mark Zulli, Deputy Finance Commissioner ([email protected]) and Jeremy Schulman ([email protected]) to confirm via email your participation in the proposal process. 5.3

RFP Process and Schedule

The RFP schedule of key events is summarized below. Pre- Offer Conference and Site Visit Questions due

July 12, 2016, Conference Rm B-1, lower level, 1:00 pm July 19, 2016 by end of business

Questions regarding this RFP should be submitted in writing via email to: [email protected] and [email protected]. Answers will be posted to the City Website

July 26, 2016.

Submission of Offer Sealed proposals shall be submitted prior to 3pm, August 9, 2016 to: Purchasing Department City of New Rochelle City Hall Attn: Mark Zulli, Deputy Finance Commissioner 18 | P a g e

New Rochelle City-Wide Advertising Program RFP No. 5127

Specification No. 5127 515 North Avenue New Rochelle, NY 10801 The Submission package must be submitted in a sealed package with the following information printed clearly on the front of the package: The Name, Address and Telephone Number of the Company and Contact Person submitting the Proposal, and labeled “Proposal for City Wide Advertising Program Specification #5127”. Evaluation Review of materials and references Request for clarifications (optional) Conduct interviews (optional)

3-6 weeks after Due Date

Designation as Contractor Negotiations Execution of Contract

1 week after evaluation completion 30 days after Designation 30 days after Designation

5.4

Submittal Requirements

A complete submission package shall include one (1) original and three (3) hard copies, and one electronic copy on thumb drive or CD, consisting of the following fully prepared and signed forms unless otherwise noted in the suggested order below:         

Cover letter introducing the Proposer and team; Proposed build-out plan with display pictures and specifications; Qualifications statement; Form A: Financial Offer and Affidavit – Parts 1 and 2; Narrative responses to Form B: Background and Financial Information; Narrative responses to Form C: Management and Marketing Plan; Form D: Three References; Form E: Affirmations; Annual Financial Statements and Reports audited or reviewed by a Certified Public Accountant for each of the three (3) preceding fiscal years (one copy per Proposer);  License to do business in New York or equivalent; and  Bid Deposit: $500.00 in the form of a bank or certified check made payable to the City of New Rochelle (one original only). 5.5

Bid Deposit

Once designated as the Successful Proposer, the Bid Deposit will be non-refundable. If the Successful Proposer does not conclude negotiations and execute the Contract within the allowed time, or otherwise defaults in its performance of any other requirement of this RFP after being designated as the Successful Proposer, that Proposer will forfeit its Bid Deposit and the City may designate the next ranked responsible Proposer as the Successful Proposer. 19 | P a g e

New Rochelle City-Wide Advertising Program RFP No. 5127

Bid Deposit: The Bid Deposit is $500.00. Checks must be in the form of a bank or certified check made payable to the City of New Rochelle. The Offer Deposit of the Successful Proposer will be credited toward the first year MAG. All other Bid Deposits will be returned to Proposers upon execution of the Agreement by the Successful Proposer but no later than one hundred twenty (120) days from the Offer Due Date.

6.0

EVALUATION CRITERIA AND BASIS OF AWARD

6.1

Evaluation Criteria

An evaluation committee of City staff will review all responses initially for general eligibility and completeness. Provided a submission and submitter are deemed eligible and responsible, then a detailed evaluation of proposal materials, references, and offers will follow. The evaluation committee intends to employ outside technical assistance in conducting the complete evaluation. Proposals will be evaluated and ranked by an Evaluation Committee for a contract award based on: Experience /Capabilities with similar types and scale of advertising

25%

Marketing and Management Plan

20%

Financial Strength and Capability

20%

Financial Offer

35%

In evaluating proposals, the City of New Rochelle may also consider such other pertinent considerations and information determined by the City to be relevant. The evaluation process is estimated to take 3-6 weeks but may take more or less timed as needed to complete a thorough review. If deemed appropriate, the City may request clarifications or additional supporting materials of any given proposal. Further, the City may determine it is the City’s best interest to conduct interviews. However, the City may make the evaluation and designation based solely on the proposal submission package. 6.2

Basis of Award

The proposal earning the highest points based on the evaluation criteria will be designated as the Successful Proposer. In the event the City and the Successful Proposer do not come to terms, the City may designate the next highest scoring proposal as the Successful Proposer.

7.0

GENERAL REQUIREMENTS, RESERVATIONS, DISCLAIMERS, AND PROVISOS

7.1

General Requirements

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A. Labor Laws: The awarded C o n t r a c t o r will be required to comply with all applicable laws, including but not limited to labor laws, prevailing wage rates and workers compensation. B. Liability Requirements: The Contractor shall apply and maintain insurance which indemnifies and holds harmless the City, its officers, employees and agents from and against any and all liability, damages, claims, demands, costs, judgments, fees, attorney’s fees or loss arising directly out of acts or omissions hereunder by the Contractor or third party under the direction or control of the Contractor in an amount not less than $2,000,000. Additionally, the City requires an Endorsement for the policy. Other required insurances that must be furnished prior to commencement of work: a. Workers Compensation Statutory Requirements b. New York State Disability Coverage Statutory Requirements c. General Liability/Property Damage $2,000,000 combined single limit d. Automobile Liability $2,000,000 per occurrence e. Property Insurance Contractor shall carry and maintain property damage insurance in an amount not less than the full replacement cost from time to time of all improvements installed on the Premises by the Contractor, insuring such improvements against fire and other hazards customarily covered by so-called "all-risk” insurance. All personal property of the Premises shall be covered by "all-risk' insurance. Insurance certificates shall name the City of New Rochelle as Additional Insured Party and shall be primary over any insurance held by the City. C. Economic Opportunity and Nondiscrimination Policy: Respondents are required to take specific steps to ensure local hiring and minority and female participation in accordance with the attached Nondiscrimination Policy (Appendix D) adopted by the New Rochelle City Council. D. Proprietary Information: The New York State Freedom of Information Law, Public Officers Law, Article 6, provides for public access to information. Public Officers Law, Section 87(d)(2) provides for exceptions to disclosure for records or portions thereof that are ”trade secrets” or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” Information that the proposer wishes to have treated as proprietary and confidential trade information should be identified and labeled “Confidential” or “Proprietary” on each page at the time of submittal. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted.

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E. Right to Reject Proposals: This RFP does not commit the City to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP or to procure or contract for services. The City intends to award a contract on the basis of the best interest and advantage to the City, and reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified proposers or to cancel this RFP in part or in its entirety, if it is in the best interest of the City to do so. F. Cancellation Clauses: Any violation of the terms, conditions, requirements and/or nonperformance of the agreement resulting from this RFP m ay result in immediate cancellation. The agreement may be cancelled by the City of New Rochelle for any other reason(s) upon 30 days written notice. G. New York Law and Venue: The agreement arrived at from this solicitation shall be construed under the laws of the State of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to, or seeking enforcement of this contract shall be brought in the Supreme Court of the State of New York, Westchester County. H. Certificate to Do Business in New York: The City requires contractors that are not incorporated in the State of New York to produce a Certificate to Do Business in the State of New York from the New York Secretary of State prior to executing a contract with the City. The Successful Proposer shall provide said Certificate to Do Business prior to execution of the contract by the City.

7.2

I.

Iran Divestment Act: By submission of this bid, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law.

J.

Proposals and financial offers must remain valid for three (3) months.

Reservations, Disclaimers and Provisos A. All of the terms, conditions, specifications, appendices and information included in this Request for Proposals shall constitute the entire Request for Proposals package and shall be incorporated by reference into each proposal submission. No conditions, other than those specified in this Request for Proposals will be accepted and conditional offers may be disqualified except as specified in this Request for Proposals. B. The City makes no representation or warranty as to the accuracy, currency, and/or completeness of any or all of the information provided in this Request for Proposals, or that

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such information accurately represents the conditions that would be encountered on or in the vicinity of any of the Premises, now or in the future. The furnishing of information by the City and its consultant, TR Advisors, LLC (TRA) shall not create or be deemed to create any obligation or liability upon it or TRA for any reasons whatsoever, and each Proposer, by submitting a proposal to the City in response to this Request for Proposals, expressly agrees that it shall not hold the City, TRA or any of their respective officers, agents, contractors, consultants, or any third party liable or responsible therefore in any manner whatsoever. C. If any matter or circumstance under this Request for Proposals requires the consent or approval of the City or that such matter be satisfactory to the City, then same may be granted, withheld, denied or conditioned by the City in the exercise of its sole discretion unless otherwise specified. D. If the outside date for the execution of the contract contemplated under the RFP shall not fall on a “Business Day” (a “Business Day” being defined as any day other than a Saturday, Sunday, or day on which commercial banks in New Rochelle, New York are authorized or required by law to remain closed or legal holiday recognized by the City), then such date shall be extended to the next succeeding Business Day. E. The City reserves the right to waive or decline to waive any irregularities, informalities, minor deviations, mistakes, and matters of form rather than substance in any proposal submission when it determines that it is in the City’s best interest to do so, and to waive any defects in the Request for Proposals submission process when it determines such defects are insubstantial or non-substantive. No officer or agent of the City is authorized to waive this reservation. The City reserves the right to accept, reject or negotiate at its sole and absolute discretion any proposerproposed changes to the model contract attached hereto. F. Any notice or other communication by Proposers in connection with this Request for Proposals shall be deemed given when received or when delivered by messenger or overnight mail or upon attempted delivery if delivery is not accepted. Such notices shall be in writing and shall be deemed to have been properly given when delivered by messenger or overnight mail addressed as follows: If to the Proposer at the address provided in its Proposal the Bid; if to the City sent to: Mark Zulli, Deputy Finance Commissioner, Purchasing Department, City of New Rochelle City Hall, 515 North Avenue, New Rochelle, NY 10801. G. All Proposers shall thoroughly familiarize themselves with the provisions of the Request for Proposals, including Appendices, amendments or addenda and associated materials. Upon receipt of the Request for Proposals, each Proposer shall examine the Request for Proposals for missing or partially blank pages due to mechanical printing, collating, or other publication errors. It shall be the Proposer’s responsibility to identify and procure any missing pages or information.

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New Rochelle City-Wide Advertising Program RFP No. 5127

H. Proposers shall be entirely responsible for verifying permitting requirements, zoning, environmental requirements, and any other regulatory requirements applying to the proposed installation(s) and uses. Proposers shall be solely responsible for verifying any and all physical or other site conditions of the subject Premises. Copies and summaries of physical or other site conditions of the subject Premises, if any, are included in this Request for Proposals only as a convenience. The City and any of its respective officers, agents, contractors, or consultants shall not be liable for any mistakes, damages, costs, or other consequences arising from any use of or reliance upon any such provided information.

8.0

I.

Proposers shall be entirely responsible for any and all expenses incurred in preparing and/or submitting any proposal in response to this Request for Proposals including any costs or expenses resulting from the issuance, extension, supplementation, withdrawal, amendments or addenda of this Request for Proposals or the process initiated hereby.

J.

No broker commissions or fees whatsoever shall be due or payable by City, its contractors or their respective employees.

Forms

Form A: Financial Offer and Affidavit Form B: Qualifications, Staffing and Experience Form C: Management and Marketing Plan Form D: References Form E: Affirmations

APPENDIX Appendix A – City of New Rochelle Demographic Information Appendix B - City Owned Property List Appendix C – Advertising Guidelines Appendix D –Economic Opportunity & Non-Discrimination Policy Appendix E – LQD Palo Specifications and Map Appendix F – Advertising Master Plan Appendix G – Map of City Owned Parking Lots

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New Rochelle City-Wide Advertising Program RFP No. 5127