AGREEMENT FOR ADVERTISING SERVICES This agreement, made and executed this day of, 2018, by and between (hereinafter referred to as Vendor ) and the City of Danville, Illinois, a Municipal Corporation, (hereinafter referred to as City ), in consideration of the mutual covenants contained herein, provides as follows: I. GENERAL A. During the performance of this Agreement, Vendor shall abide by the following: 1. It will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, marital status, national origin, place of birth or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. If it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with Illinois Department of Human Rights Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. In all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from the military service. 4. It will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of Vendor s obligations under the Illinois Human Rights Act and the Department s Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with Vendor s efforts to comply with such Act and Rules and Regulations, Vendor will promptly so notify the Illinois Department of Human Rights (Department) and the City and will recruit employees from other resources when necessary to fulfill its obligations thereunder. 5. It will submit reports as required by the Department s Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the City, and in all respects comply with the Illinois Human Rights Act and the Department s Rules and Regulations. Vendor will take affirmative action to comply with all of the provisions of the City of Danville Code of Ordinances. 6. It will permit access to all relevant books, records, accounts, and work sites by personnel of the City and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department s Rules and Regulations. 7. It will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of 1
this Agreement. Vendor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the City and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, Vendor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 8. In the event of Vendor s non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Department, Vendor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part. B. In connection with the performance of this Agreement, Vendor will cooperate with the City in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for sub-contract work under this Agreement. C. Vendor agrees to comply with, and assures the compliance of its employees with the information, restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 522a. Vendor agrees to obtain the express consent of the Federal Government before Vendor or its employees operate a system of records on behalf of the Federal Government. Vendor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved and that failure to comply with the terms of the Privacy Act may result in termination of this agreement. Vendor agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. D. Vendor acknowledges that the provision of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions pertaining to this agreement. Upon execution of this agreement, Vendor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying agreement or the FTA assisted project for which this agreement work is being performed. In addition to other penalties that may be applicable, Vendor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Vendor to the extent the Federal Government deems appropriate. Vendor also acknowledges that if it makes or causes to be made a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307 (n)(1) on Vendor to the extent the Federal Government deems appropriate. Vendor agrees to include this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. The clause shall not be modified except as to the identity of the subcontractor who will be subject to the provisions. 2
E. Vendor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan, issued in compliance with the Federal Energy Policy and Conservation Act. F. Vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this agreement. Vendor s failure to so comply shall constitute a material breach of this agreement. G. City and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this agreement and shall not be subject to any obligations or liabilities to City, Vendor, or any other party (whether or not a party to that contract or agreement) pertaining to any matter resulting from the underlying agreement. Vendor agrees to include this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. II. BUS ADVERTISING A. Vendor shall provide advertising services to City. Such advertising services shall include the exclusive right and privilege to place approved advertising materials outside and inside City mass transit buses, advertising at bus shelters, passenger benches, and any other such locations as approved by City. B. Vendor s advertising practices and policies shall conform to all Federal, State, and local laws. C. City shall have final authority to approve all sign graphics and copy. D. Vendor shall install and display all advertising in a neat and workmanlike manner. Vendor shall maintain all displayed advertising, insuring its neat appearance. E. Vendor shall submit to City a list of sign materials and the procedures to be utilized in sign production for bus signs. 3
III. INSURANCE Vendor shall maintain, at its sole cost, liability insurance coverage in a minimum amount of $1,000,000 per occurrence and per person. Vendor shall provide proof of such insurance coverage to City. Vendor shall update the insurance information provided to City as changes occur. IV. PERSONNEL A. Vendor shall provide City with a listing of its personnel and qualifications for each key position. Vendor shall update such listing as changes occur. B. Vendor shall identify and designate a market manager. C. Vendor shall have a national sales person on staff. V. PERFORMANCE & MONITORING A. Vendor shall maintain records of all transactions and make such records available to City within a reasonable amount of time upon written notification. Vendor shall furnish to City a monthly financial statement and statement of monthly advertisers, in a form acceptable to City, with each monthly payment. B. Vendor agrees to provide City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of Vendor which are directly pertinent to this agreement for the purposes of making audits, examinations, excerpts and transcriptions. Vendor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including an PMO Contractor access to Vendor s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302 (a)(1), which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309, or 5311. C. Vendor shall cooperate fully with DMT in providing necessary information for the National Transit Database; meeting all of the requirements and regulations of the Americans with Disabilities Act of 1990; and, fulfilling the Section 5307 FTA program requirement. D. Any complaints received by DMT about the service provided by Vendor shall be forwarded to Vendor for review and response in a timely manner. 4
VI. COMPENSATION A. Vendor shall pay to City $ or _% of advertising revenue per month, whichever is greater. VII. EFFECTIVE DATE OF AGREEMENT This agreement shall be in full effect and legally binding upon the parties on the 1 st day of July, 2018. This agreement shall be in effect under its terms for a period of thirty-six (36) months. The parties may agree to three (3) - 24 month renewal periods. VIII. AMENDMENTS Any proposed change in the terms of this agreement shall be submitted in writing to the other party. No proposed amendment or modification shall become effective until agreed to in writing by both parties. IX. TERMINATION OF AGREEMENT This agreement may terminate upon either party providing a written 90-day notice to the other party. If Vendor fails to deliver supplies or to perform the services within the time specified in this agreement or any extension, or if Vendor fails to comply with any other provision of this agreement, City may terminate this agreement for such default. If such a default occurs, City shall terminate this agreement by delivering to Vendor a Notice of Termination specifying the nature of the default. Vendor will only be paid for supplies delivered and accepted, or services actually performed in accordance with the manner or performance set forth in this agreement. If after termination for failure to fulfill the obligations of this agreement, it is determined that Vendor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of City. 5
X. CERTIFICATIONS Vendor certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, load, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions [as amended by Government wide Guidance for New Restrictions on Lobbying, 61 Fed. Reg. 1413 (1/19/96)]. C. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by 31 U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. E. Vendor certifies or affirms the truthfulness and accuracy of each statement of this certification and disclosure, if any. In addition, Vendor understands and agrees that the provisions of 31 U.S.C.A. 3801 et seq. apply to this certification and disclosure. Vendor By: Vendor representative City of Danville A Municipal Corporation, By: Mayor Attest: By: City Clerk 6
April 24, 2018 Danville Mass Transit NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by the City of Danville/Danville Mass Transit in the Office of the City Clerk, 17 West Main Street, Danville, Illinois 61832 until 10:00 a.m.; Thursday, May 31, 2018 for provision of Advertising Services for Danville Mass Transit. Bids should be submitted in sealed envelopes marked "Bus Advertising. The right is reserved to accept any bid or any part or parts thereof or to reject any and all bids. The bidder will be required to comply with all applicable Equal Opportunity laws and regulations. Minority business enterprises and small business enterprises shall have the maximum practicable opportunity to participate in this project. All bidders will be required to certify that they are not on the Controller General's list of ineligible bidders. Issuance of this Notice to Bidders does not commit the City of Danville, Illinois to a contract, to pay any costs incurred in preparation of a bid in response to this Notice, or to procure or contract for any services or supplies. Questions should be directed to the Director of Public Transportation at 101 North Jackson Street, Danville, Illinois 61832, call (217) 431-0653 or send an e-mail to lbeith@cityofdanville.org. 7
101 north jackson street danville, illinois 61832 217 431 0653 fax 217 431 8647 1. INTRODUCTION The City of Danville, Illinois is requesting bids for the provision of Advertising Services for Danville Mass Transit. Detailed specifications for the Bus Advertising Services are delineated in Section 5 of the specification. Along with the bid, each of the following eight (8) enumerated sections contained herein and their provisions, whether stated or implied, shall be considered contract documents and the sum of all contract documents herein and their provisions, whether stated or implied, shall constitute a contract between the successful proposer and the City of Danville, Illinois and shall be binding upon both parties. 1. Introduction 2. Standard Contract Clauses 3. Required Contract Provisions 4. General Conditions 5. Advertising Specifications 6. Purchase Contract 7. Addend 8. Bidder Proposals 8
2. STANDARD CONTRACT CLAUSES 2.0 Any proposed change in this contract shall be submitted in writing to the City of Danville, Illinois, for its prior approval. 2.1 No member, officer or employee of the City of Danville, Illinois shall have any interest, direct or indirect, in this contract or the proceeds thereof. 2.2 In connection with the execution of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 2.3 In connection with the performance of this contract, the contractor will cooperate with the City of Danville, Illinois in meeting his or her goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to insure that the minority business enterprises shall have the maximum practicable opportunity to compete for sub-contract work under this contract. 2.4 The contractor/vendor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, ancestry, national origin, place of birth, marital status, or age. The contract/vendor will take affirmative action to comply with all of the provisions of the Municipal Code of the City of Danville. 9
3. REQUIRED CONTRACT PROVISIONS 3.0 It is the intent of the City of Danville, Illinois to make an award of contact within thirty (30) days after the bid opening date. The contract period shall begin July 1, 2018. This contract shall terminate at the end of the contract period as specified in the bid specifications. 3.1 The successful proposer to whom the award of contract is given shall be notified of the award of contract and shall execute said Contract within 10 days. 10
4. GENERAL CONDITIONS 4.0 The intent of these specifications is to specify Bus Advertising Services for a Danville Mass Transit. 4.1 The bids must be accompanied by a comprehensive description of the bidder s standard product. No advantage shall be taken of the purchase by the bidder in the omission of any part or detail, which goes to make the bid complete, even though such part is not specifically covered in these specifications. 4.2 It shall be the responsibility of each bidder to thoroughly acquaint himself or herself with these bid documents before presenting his or her bid. 4.3 Incomplete and/or conditional bids, or those, which take exception to the specifications, may be considered non-responsive and may be rejected. 4.4 Bids must be submitted on the forms provided. Bids submitted in any other form may be considered non-responsive and may be rejected. 4.5 The City of Danville, Illinois reserves the right to accept any bid or to reject any or all bids or to award the contract on such basis as it deems to be in its best interest. Also, to delay the bid opening for convenience and to waive any technicalities in the bid process. 4.6 Appeal Procedures: a. The purchaser reserves the right to postpone bid opening for its own convenience and to reject any or all bids. b. Changes to the specifications will be made by addendum. c. Vendors may make appointment to discuss these specifications. 4.7 The bid will be considered a guarantee of price for thirty (30) days after the bid opening date. 4.8 Energy Conservation The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 11
4.9 Federal Changes Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 4.10 No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 4.11 Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Danville may terminate this contract for default. The City of Danville shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 4.12 Civil Rights (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national 12
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to 13
identify the affected parties. 4.13 Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Danville requests which would cause City of Danville to be in violation of the FTA terms and conditions. 4.14 Program Fraud and False or Fraudulent Statements or Related Acts (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 14
5. Technical Specifications # vehicles Year Make/Model 3 2004 2 2008 1 2008 3 2011 Danville Mass Transit Vehicle Fleet Exterior roadside frame size Exterior curbside frame size Exterior front frame size Exterior rear frame size Interior sign sizes Wrap possibility? Y or N Gillig Low Floor 30 1/2 x 89 30 1/2 X 37 18 3/4 X 41 21 1/2 X 72 7/8 11 X 28 Y Y / Currently Gillig Low Floor 30 1/2 x 89 30 1/2 X 37 18 3/4 X 41 21 1/2 X 72 7/8 11 X 28 wrapped on roadside Gillig Low 30 3/4 X 144 Floor 7/8 30 1/2 X 89 18 3/4 X 41 21 1/2 X 72 7/8 11 X 28 Y Gillig Low 30 3/4 X 144 Floor 7/8 30 1/2 X 89 18 3/4 X 41 21 1/2 X 72 7/8 11 X 28 Y Special Notes 2 2016 Gillig Low Floor 30 3/4 X 144 7/8 30 1/2 X 89 18 3/4 X 41 21 1/2 X 72 7/8 11 X 28 Y / Currently wrapped roadside / curbside 1 2013 4 2016 Ford Eldorado Aerolite N/A N/A N/A N/A N/A Y Ford Eldorado Aerolite N/A N/A N/A N/A N/A Y 5 Super Medium Duty Fords are rotated into service between Danville and Champaign, IL Danville Mass Transit Bus Shelter / Bench / Facility Inventory Danville Mass Transit has 17 bus shelters that are available for wrap or for addition of ad signs. Shelters are located at the rear of the DMT garage property at North & Washington Streets, Danville Post Office, OSF Healthcare hospital facility, Polyclinic, Danville Area Community College (X 3), Bowman Avenue at Vermilion Gardens apartments (X2), and in a residential area by senior living apartments. Benches may be added during the term of this contract. Opportunities for advertising at our new transfer facility may also be added during the term of this contract under agreement from both City and Vendor. 15
6. PURCHASE CONTRACT 6.0 THIS AGREEMENT, made this day of, between the City of Danville, Illinois, a public corporation, and called the Provider., hereinafter WHEREAS, the Purchaser has advertised for bids for Bus Advertising Services for Danville Mass Transit; and WHEREAS, the Provider has the capability to supply same: NOW THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 6.1 OBLIGATIONS: Provider agrees to provide to the City of Danville, Illinois and the City of Danville, Illinois agrees to accept Bus Advertising Services for a Danville Mass Transit specified in Notice to Bidders or proposer pursuant to the Contract Documents which are attached hereto and made a part hereof in eight (8) Sections. The City of Danville, Illinois or Provider, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The Provider shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. Department of Transportation assisted contracts. Failure by the Provider to carry out these requirements is a material breach of agreement, that may result in the termination of this agreement or such other remedy as the Department deems appropriate. The prime Provider agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime Provider receives from the City of Danville, Illinois. The prime Provider agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Danville, Illinois. This clause applies to both DBE and non-dbe subcontractors. 16
6.2 FINANCIAL TERMS: THE City of Danville, Illinois and the Provider agree to the financial terms in VI. Compensation, in accordance with the bid. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective duly authorized representative, as of the first date written above. ATTEST: CITY OF DANVILLE, ILLINOIS Mayor Scott Eisenhauer Lisa Monson, City Clerk Provider: By: (Title) Signature: 17
7. ADDENDA In compliance with your Invitation to Bid, the undersigned hereby agrees to furnish the services as listed below in accordance with the conditions and specifications on file in the offices of the City Comptroller of the City of Danville, Illinois, which have been carefully examined and which are attached hereto. In compliance with your Invitation to Bid on furnishing Bus Advertising Services for the Danville Mass Transit (as specified in Notice to Bidders), the undersigned acknowledges receipt of the following addenda to the bid Documents (give number and date of each): ADDENDUM NUMBER: ADDENDUM NUMBER: ADDENDUM NUMBER: ADDENDUM NUMBER: DATE: DATE: DATE: DATE: This section (7) must accompany each provider s bid. Failure to acknowledge receipt of all addenda may cause the bid to be considered non-responsive to the Invitation to Bid, which requires rejection of the bid. BIDDING FIRM: ADDRESS: Signature of Authorized Official Title DATED: 18
8. BIDDER PROPOSAL Are you a certified Disadvantaged Business Enterprise (DBE) participant with the State of Illinois? YES NO The undersigned acknowledges receipt of eight (8) sections as enumerated and named contract documents in Section 1 of a contract on file at the Office of the City Comptroller, City of Danville, Illinois, relating to furnishing Bus Advertising Services for the Danville Mass Transit. In accordance with Sections 1,2,3,4,5,6,7 and 8 of the above, identified contract documents, the undersigned proposes to furnish and deliver to the City of Danville, Illinois: ITEM: Bus Advertising Services PREMIUM: As listed in bid The contract shall be awarded to a single supplier/contractor. BIDDING FIRM: ADDRESS: PHONE: CONTACT PERSON: Signature, Authorized Official ATTEST: Witness Title Date 19