THIS PRINT COVERS CALENDAR ITEM NO. : 23
MUNICIPAL TRANSPORTATION AGENCY
City and County of San Francisco
DIVISION:
External Affairs
BRIEF DESCRIPTION: Charter Amendments on MTA Governance
SUMMARY:
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Two Charter Amendments have been introduced at the Board of Supervisors related to MTA governance
and structure.
The Board of Supervisors is considering these items for the November 2007 election, and must be voted
on no later than July 31, 2007.
Supervisor Peskin’s measure revises Proposition E in the areas of MTA Board authority, budget and
finance, human resources and labor relations, and contracting, among other areas.
Supervisor McGoldrick’s measure would restore line item budget authority over the MTA budget to the
Board of Supervisors.
ENCLOSURES:
1. Supervisor Peskin Charter Amendment
2. Supervisor McGoldrick Charter Amendment
APPROVALS:
DATE
DIRECTOR OF DIVISION
PREPARING ITEM
_______________________________________________
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FINANCE
_______________________________________________
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EXECUTIVE DIRECTOR/CEO _______________________________________________
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SECRETARY
_______________________________________________
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ADOPTED RESOLUTION
BE RETURNED TO
_______________________________________________
ASSIGNED MTAB CALENDAR DATE:
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PAGE 2.
EXPLANATION:
This staff report briefly summarizes two Charter Amendments that were introduced at the Board of Supervisors
meeting on May 22, 2007. These Charter Amendments require six votes from the Board of Supervisors in order
to be placed on the ballot for the November 6, 2007 election. Both Charter Amendments could be amended by
the Board of Supervisors as they move through the legislative process.
A schedule of Board of Supervisors consideration of the Charter Amendments can be found below.
Emissions Reduction and Transit Reform Charter Amendment (Supervisor Peskin)
Supervisor Aaron Peskin introduced this Charter Amendment with the stated goal of reducing vehicle emissions
in San Francisco by improving public transportation and thus enticing people out of their vehicles. The wideranging proposal builds on Proposition E, the Charter Amendment passed by the voters in November 1999 that
established the Municipal Transportation Agency (MTA), by providing the MTA with additional independence
and flexibility across its operations, from budgeting to contracting to human resources. The proposed Charter
Amendment also adds environmental benchmarks and increases revenue for the MTA. A more detailed
description of these provisions follows.
Service Standards Provisions
While the Charter Amendment leaves the existing Charter-created Muni service standards in place, it requires
the MTA Board of Directors to create new service standards for parking and traffic functions (some already
exist). The proposal requires the MTA to describe any changes it makes in the way service standards are
calculated.
On the environmental front, if this Charter Amendment is passed by the voters the MTA would be required to
issue a Climate Action Plan (CAP) every two years beginning January 1, 2009. This CAP (coincidentally with
the same initials as the MTA’s existing Clean Air Plan) would set a goal of reducing greenhouse gas emissions
from San Francisco’s transportation sector, which includes all vehicles trips, to 80% of 1990 levels by 2012.
Budget/Finance Provisions
The budget and finance provisions of Supervisor Peskin’s proposal include moving the MTA Board’s budget
passage deadline from March 1 to May 1 and providing for a 2-year budget cycle. The MTA Board would have
the ability to amend the budget as needed throughout the 2-year cycle. The MTA would be authorized to issue
debt, and the MTA Board would be authorized to accept and expend grant money. As long as the MTA’s
spending is within budget, the MTA would gain the ability to hire staff without Controller approval.
The Charter Amendment provides that the MTA shall keep all new revenue created by changes in parking
policies, fines and taxes. The authority of the MTA Board to place revenue measures on the ballot is also
clarified.
On the revenue side, the Charter Amendment increases the share of revenues (measured by the parking tax) that
are dedicated to the MTA. This provision would provide approximately $26 million per year in additional
revenues.
Human Resources
This section of the Charter Amendment would increase to 10% from 1.5% the number of managers who are
exempt from civil service protection that the Director of Transportation can hire. Exempt managers, as well as
the Director of Transportation, would have 10% of their compensation tied to the achievement of MTA-wide or
division-specific service standards established by the MTA Board.
All human resource functions, except for health services, would be transferred to the agency for all employees,
and the “service critical” designation for particular employees would be removed. Labor contracts would no
longer be required to include incentive compensation (except for managers as mentioned above).
The Charter provision that currently sets transit operator wages to be no higher than the wages of the two
highest paid comparable systems would be amended so that the wage level would be at least as high as the
average of the two comparable systems.
Contracting Provisions
The MTA Board would be the approval authority for determinations that work can be performed under a private
contract at a lower cost. The MTA would assume exclusive authority over contracts to sell fare media and
parking meter cards. The threshold amount under which the Director of Transportation can authorize contracts
would be set by the MTA Board. The MTA would be required under the Charter Amendment to secure the
approval of the Board of Supervisors before transferring ownership of any City property.
Consolidation Provisions
The proposed Charter Amendment grants the MTA Board, to the extent allowed by state law, the authority of
the Board of Supervisors to locate traffic control devices and parking restriction areas. An appeal process at the
Board of Supervisors for MTA Board decisions related to traffic control devices and parking issues is also
established.
The local law prohibiting the Director of Transportation from serving as the director of the Parking Authority is
eliminated under this Charter Amendment.
The Cable Car and Transit First sections of the Charter would be moved into Article 8A (Prop E) in their
current form.
Summary
Supervisor Peskin’s Charter Amendment includes dozens of provisions that would dramatically impact the dayto-day operations of the MTA and increase the authority and responsibility of the MTA Board of Directors.
MTA Budget Charter Amendment (Supervisor McGoldrick)
Supervisor Jake McGoldrick, introduced this brief measure, co-sponsored by Supervisor Gerardo Sandoval, to
increase the authority of the Mayor and the Board of Supervisors over the MTA budget.
Specific Provisions
Under Proposition E, the Mayor is directed to submit the MTA budget approved by MTA Board of Directors
unchanged to the Board of Supervisors. The Board of Supervisors can reject the budget by a two-thirds vote,
but does not have the authority to amend particular line items in the budget. This proposed Charter Amendment
returns that authority to the Mayor and the Board of Supervisors.
The proposal also stipulates that the Controller, rather than the MTA, would oversee the biennial Municipal
Transportation Quality Review.
The City Attorney has reviewed this report.
Recommendation: Consideration of these Charter Amendments is a policy matter for the MTA Board of
Directors.
Charter Amendment Schedule for November 6, 2007 Election
June 21:
First possible day for Charter Amendments to be heard in Rules Committee.
July 5:
Last possible day for a regularly scheduled Rules Committee hearing for reference to the BOS on
a proposed Charter Amendment.
July 10:
First day for a Charter Amendment to appear on the BOS agenda (a Charter Amendment must
appear on one agenda before it can be considered by the BOS).
July 24:
Last BOS meeting for regular submission of Charter Amendment to voters.
July 31:
Last BOS meeting where the Board could submit one late Charter Amendment or bond measure
to voters.
[Emissions Reduction and Transit Reform]
CHARTER AMENDMENT
PROPOSITION ____
Describing and setting forth a proposal to the qualified voters of the City and County of San Francisco to
amend the Charter of the City and County of San Francisco by: amending Sections 8A.101 through 8A.106,
8A.108 through 8A.110, 8A.112 through 8A.113, 9.118, and A8.404, repealing Section 16.110; and by renumbering Sections 16.100 and 16.102 as 8A.114 and 8A.115, respectively, all to increase the efficiency,
effectiveness and autonomy of the Municipal Transportation Agency.
The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to
be held on November 6, 2007, a proposal to amend the Charter of the City and County by: amending
Sections 8A.101 through 8A.106, 8A.108 through 8A.110, 8A.112 through 8A.113, 9.118, and A8.404,
repealing Section 16.110; and by re-numbering Sections 16.100 and 16.102 as 8A.114 and 8A.115, to read as
follows:
Note:
Additions are single-underline italics Times New Roman.
Deletions are strikethrough italics Times New Roman.
SEC. 8A.100. PREAMBLE.
(a) The Municipal Railway and the Department of Parking and Traffic are vital to the economic and
social fabric of San Francisco. San Francisco's transit system and management of parking and traffic should be
comparable to their highest-performing counterparts the best urban transit systems in the world's major cities.
Specifically, San Francisco residents require:
1. Reliable, safe, timely, frequent, and convenient service to all neighborhoods;
2. A reduction in breakdowns, delays, over-crowding, preventable accidents;
3. Clean and comfortable vehicles and stations, operated by competent, courteous, and well trained
employees;
4. Support and accommodation of the special transportation needs of the elderly and the disabled;
5. Protection from crime and inappropriate passenger behavior on the Municipal Railway; and
6. Responsive, efficient, and accountable management.
Through this measure, the voters seek to provide the transportation system with the resources,
independence and focus necessary to achieve these goals.
The voters find that one of the impediments to achieving these goals in the past has been that
responsibility for transportation has been diffused throughout City government. Accordingly, this Article
places within the Municipal Transportation Agency the powers and duties relating to transit now vested in other
departments, boards, and commissions of the City and County. This Article further requires that, to the extent
other City and County agencies provide services to the Municipal Transportation Agency, those departments
must give the highest priority to the delivery of such services.
At the same time, this Article is intended to ensure sufficient oversight of the Municipal Transportation
Agency by, among other things, preserving the role of the City's Controller as to financial matters, the City
Attorney as to legal matters, and the Civil Service Commission, as to merit system issues. In addition, this
Article requires that outside audits be performed to ensure that required service levels are obtained with a
minimum of waste.
This Article also requires that the Municipal Transportation Agency develop clear, measured
performance goals, and publicize both its goals and its performance under those goals. As the workers of the
Municipal Transportation Agency are vital to the improvements the voters seek, this Article authorizes
incentives for excellence, and requires accountability—for both managers and employees—when performance
falls short.
Finally, this Article is intended to strengthen the Municipal Transportation Agency's authority to: 1)
manage its employees; 2) establish efficient and economical work rules and work practices that maximize the
Agency's responsiveness to public needs; and 3) protect the Agency's Railway's right to select, train, promote,
demote, discipline, layoff and terminate employees, managers, and supervisors based upon the highest standards
of customer service, efficiency and competency.
(b) The effective management of traffic flow and parking are The Department of Parking and Traffic
performs functions vital to the operation of the Municipal Railway. Congestion on city streets causes delays in
transit operations. Therefore, the Municipal Transportation Agency must manage parking and traffic flow to
ensure that transit vehicles move through City streets safely and efficiently.
In addition, the residents of San Francisco require that the Agency Department of Parking and Traffic:
1) value and protect the safety of pedestrians and bicyclists; 2) reduce congestion and air pollution through
efficient use of the streets; and 3) protect the City's economic health by giving priority to commercial deliveries
and access to local businesses.
(c) The voters find that reducing the carbon emissions from San Francisco’s transit sector is
fundamental to the City’s health and wellbeing and shall be among the Agency’s policy priorities. Because the
Agency has significant influence on San Francisco's transportation sector, which is responsible for fully half of
the carbon emissions produced within the City, the voters find that it shall be the duty of the Agency to develop
and implement strategies for substantially reducing those emissions. The voters further affirm the goals of the
city's Climate Action Plan.
(d) (c) This Article shall be interpreted and applied in conformance with the above goals.
SEC. 8A.101. MUNICIPAL TRANSPORTATION AGENCY.
(a) There shall be a Municipal Transportation Agency. The Agency shall include a Board of Directors
and a Director of Transportation. The Agency shall include the Municipal Railway and the Department of
Parking and Traffic, as well as any other departments, bureaus or operating divisions hereafter created or placed
under the Agency. There shall also be a Citizens Advisory Committee to assist the Agency.
(b) Effective March 1, 2000, the Agency shall succeed to and assume all powers and responsibilities of
the Public Transportation Commission.
(c) Effective July 1, 2000, the powers and duties of the Municipal Railway shall be transferred to
become a department of the Agency and the full provisions of this Article shall be applicable.
(d) The Department of Parking and Traffic, upon Upon its incorporation into the Agency pursuant to
Section 8A.112, the powers and duties of the Department of Parking and Traffic shall be transferred to become
a separate department of the Agency.
(e) The Board of Supervisors shall have the power, by ordinance, to abolish the Taxi Commission
created in Section 4.133, and to transfer the powers and duties of that commission to the Agency and the
Director of Transportation or his or her designee Board of Directors. In order to fully integrate taxi-related
functions into the Agency should such a transfer occur, the Agency shall have the same exclusive authority over
taxi-related functions that it has over the Municipal Railway and parking and traffic functions, and shall have
the same control over taxi-related fares, fees, charges, budgets, and personnel. Once adopted, Agency
regulations shall thereafter supercede all previously-adopted ordinances governing motor vehicles for hire.
(f) Any transfer of functions occurring as a result of the above provisions shall not adversely affect the
status, position, compensation, or pension or retirement rights and privileges of any civil service employees who
engaged in the performance of a function or duty transferred to another office, agency, or department pursuant
to this measure.
(g) Except as expressly provided in this Article, the Agency shall comply with all of the restrictions and
requirements imposed by the ordinances of general application of the City and County, including ordinances
prohibiting discrimination of any kind in employment and contracting, such as Administrative Code Chapters
12B et seq., as amended from time to time. The Agency shall be solely responsible for the administration and
enforcement of such requirements.
(h) The Agency may contract with existing City and County departments to carry out any of its powers
and duties. Any such contract shall establish performance standards for the department providing the services
to the Agency, including measurable standards for the quality, timeliness, and cost of the services provided. All
City and County departments must give the highest priority to the delivery of such services to the Agency.
(i) The Agency may not exercise any powers and duties of the Controller or the City Attorney and shall
contract with the Controller and the City Attorney for the exercise of such powers and duties.
SEC. 8A.102. GOVERNANCE AND DUTIES.
(a) The Agency shall be governed by a board of seven directors appointed by the Mayor and confirmed
after public hearing by the Board of Supervisors. All initial appointments must be made by the Mayor and
submitted to the Board of Supervisors for confirmation no later than February 1, 2000. The Board of
Supervisors shall act on those initial appointments no later than March, 1, 2000 or those appointments shall be
deemed confirmed.
At least four of the directors must be regular riders of the Municipal Railway, and must continue to be
regular riders during their terms. The directors must possess significant knowledge of, or professional
experience in, one or more of the fields of government, finance, or labor relations. At least two of the directors
must possess significant knowledge of, or professional experience in, the field of public transportation. During
their terms, all directors shall be required to ride the Municipal Railway on the average once a week.
Directors shall serve four-year terms, provided, however, that two of the initial appointees shall serve for
terms ending March 1, 2004, two for terms ending March 1, 2003, two for terms ending March 1, 2002, and one
for a term ending March 1, 2001. Initial terms shall be designated by the Mayor. No person may serve more
than three terms as a director. A director may be removed only for cause pursuant to Article XV. The directors
shall annually elect a chair. The chair shall serve as chair at the pleasure of the directors. Directors shall
receive reasonable compensation for attending meetings of the Agency which shall not exceed the average of
the two highest compensations paid to the members of any board or commission with authority over a transit
system in the nine Bay Area counties.
(b) The Agency shall:
1. Have exclusive authority over charge of the acquisition, construction, management, supervision,
maintenance, extension, operation, use, and control of all property, as well as the real, personal, and financial
assets of the Agency Municipal Railway; and have exclusive authority over contracting, leasing, and purchasing
by the Agency Municipal Railway, provided that: (a) any Agency contract for outside services shall be subject
to Charter Sections 10.104(12) and 10.104(15); (b) with respect to Agency personnel and contracts, the Agency
shall have exclusive power to approve contracts for expert professional temporary services under Section
10.104(12) of the Charter and shall have exclusive authority to approve determinations by the Controller under
Section 10.104(15) of the Charter; and (c) the Agency may not transfer ownership . Ownership of any of the
real property of the City and County without approval from the Board of Supervisors shall not be transferred to
any private entity pursuant to any such contract;
2. Have the sole power and exclusive authority to enter into such arrangements and agreements for the
joint, coordinated, or common use with any other public entity owning or having jurisdiction over rights-ofway, tracks, structures, subways, tunnels, stations, terminals, depots, maintenance facilities, and transit
electrical power facilities;
3. Have the sole power and exclusive authority to make such arrangements as it deems proper to
provide for the exchange of transfer privileges, and through-ticketing arrangements, and such arrangements
shall not constitute a fare change subject to the requirements of Sections 8A.106 and 8A.108;
4. Notwithstanding any restrictions on contracting authority set forth in the Administrative Code, have
exclusive authority to enter into agreements for the distribution of transit fare media and media for the use of
parking meters or other individual parking services;
5. 4. Have the exclusive authority to arrange with other transit agencies for bulk fare purchases,
provided that if passenger fares increase as a result of such purchases, the increase shall be subject to review by
the Board of Supervisors pursuant to Sections 8A.106 and 8A.108;
6. 5. Notwithstanding Section 2.109, and except as provided in Sections 8A.106 and 8A.108 and to the
maximum extent permitted by state law, have exclusive authority to fix the fares charged by the Municipal
Railway and all other, rates, fees, fines, penalties and charges for services provided or functions performed by
the Agency;
7. Except as otherwise provided in the Charter or prohibited by state law, exercise the powers over
parking and traffic management and control otherwise vested in the Board of Supervisors under state and local
law.
8. Except as prohibited by state law and notwithstanding any provision of the San Francisco Municipal
Code (except requirements administered by the Department of Public Works governing excavation, street
design and official grade) have exclusive authority to design, select, locate, install, operate, maintain and
remove all official traffic control devices, signs, roadway features and pavement markings that control the flow
of traffic with respect to streets and highways within its jurisdiction; provided, however that the Board of
Supervisors may by ordinance establish procedures by which adults representing no fewer than twenty
households may appeal to the Board of Supervisors any Agency decision with regard to the installation or
removal of a stop sign. In any appeal from a decision of the Agency pursuant to this section, the Agency's
decision shall stand unless the Board of Supervisors reverses or modifies the decision of the Agency not later
than 60 days after submission of an appeal to the Board of Supervisors.
9. Except as prohibited by state law, have exclusive authority to designate locations subject to
preferential parking privileges for residents, commercial vehicles, carpools, and other categories of people or
vehicles in which parking, stopping, standing or loading are subject to specified restrictions or privileges,
including the authority to locate and maintain colored curb markings, establish parking meter zones, and select,
install, locate and maintain systems and equipment for payment of parking fees, provided, however that the
Board of Supervisors may by ordinance establish procedures by which adults representing no fewer than twenty
households and/or businesses may appeal any such decision to the Board of Supervisors with regard to the
creation or elimination of any preferential parking zone, the creation or elimination of any parking meter zone,
or the adoption of any limitation on the time period for which a vehicle may be parked; and provided further
that the Board of Supervisors may by ordinance establish procedures by which any adult may appeal to the
Board of Supervisors any decision related to the reservation of any parking space for persons with disabilities
that qualify for parking privileges under state law. In any appeal from a decision of the Agency pursuant to this
section, the Agency's decision shall stand unless the Board of Supervisors reverses or modifies the decision of
the Agency not later than 60 days after submission of an appeal to the Board of Supervisors. Nothing in this
section shall modify the authority of ISCOTT or the authority of the Board of Supervisors to hear appeals
regarding the temporary use or occupancy of public streets.
10. Have exclusive authority to establish policies regarding the enforcement of parking limitations and
the collection of parking-related revenues;
11. Be responsible for chairing the Interdepartmental Staff Committee on Traffic and Transportation
(ISCOTT);
12. Be responsible for cooperating with and assisting the Police Department in the promotion of traffic
safety; studying and responding to complaints related to street design, traffic control devices, roadway features
and pavement markings; collecting compiling and analyzing traffic data and traffic accident data and planning
improvements to improve the safety of the City's roadways; and conducting traffic research and planning;
13. Have exclusive authority to apply for, accept, and expend state, federal, or other public or private
grant funds for Agency purposes;
14. To the maximum extent permitted by law, and notwithstanding the requirements of Sections 9.107,
9.108, and 9.109, have authority to incur debt without further voter approval for Agency purposes and issue or
cause to be issued bonds, notes, certificates of indebtedness, commercial paper, financing leases, certificates of
participation or any other debt instruments. The Board of Directors may authorize the incurrence of such debt
or other obligations without further approval of the Board of Supervisors provided: 1) the Controller first
certifies that sufficient unencumbered balances are expected to be available in the proper fund to meet all
payments under such obligations as they become due; and 2) any debt obligation, if secured, is secured by
revenues or assets under the jurisdiction of the Agency.
15. 6. Have the authority to conduct investigations into any matter within its jurisdiction through the
power of inquiry, including the power to hold public hearings and take testimony, and to take such action as
may be necessary to act upon its findings; and
16. 7. Exercise such other powers and duties as shall be prescribed by ordinance of the Board of
Supervisors.
(c) The Agency's board of directors shall:
1. Appoint a director of transportation, who shall serve at the pleasure of the board. The director shall
be employed pursuant to an individual contract. His or her compensation shall be comparable to the
compensation of the chief executive officers of the public transportation systems in the United States which the
directors, after an independent survey, determine most closely resemble the Agency in size, mission, and
complexity. In addition, the Agency shall provide an incentive compensation plan under which a minimum of
10 percent of the total annual compensation for which the director of transportation is eligible shall be paid as
incentive compensation according to the Agency's achievement of service standards adopted by the Board of
Directors bonus plan for the director of transportation based upon the Agency's achievement of the milestones
adopted pursuant to Section 8A.103.
2. Appoint an executive secretary who shall be responsible for administering the affairs of the directors
and who shall serve at the pleasure of the board.
(d) The director of transportation shall appoint all subordinate personnel of the Agency, including
deputy directors. a deputy director for the Municipal Railway, and, upon its incorporation into the Agency, a
deputy director for Parking and Traffic. The deputy directors shall serve at the pleasure of the director of
transportation. The director of transportation may serve as the deputy director for the Municipal Railway, but
shall not be entitled to any greater compensation or benefits on that basis.
(e) Upon recommendation of the city attorney and the approval of the board of directors, the city
attorney may compromise, settle, or dismiss any litigation, legal proceedings, claims, demands or grievances
which may be pending for or on behalf of, or against the Agency relative to any matter or property solely under
the Agency's jurisdiction. Unlitigated claims or demands against the Agency shall be handled as set forth in
Charter Section 6.102. Any payment pursuant to the compromise, settlement, or dismissal of such litigation,
legal proceedings, claims, demands, or grievances, unless otherwise specified by the Board of Supervisors, shall
be made from the Municipal Transportation Fund.
(f) The Agency's board of directors, and its individual members, shall deal with administrative matters
solely through the director of transportation or his or her designees. Any dictation, suggestion, or interference
by a director in the administrative affairs of the Agency, other than through the director of transportation or his
or her designees, shall constitute official misconduct; provided, however, that nothing herein contained shall
restrict the directors' powers of hearing and inquiry as provided in this Section.
(g) Notwithstanding any provision of Chapter 6 or 21 of the Administrative Code establishing any
threshold amount for exercise of executive authority to execute contracts (or any successor provision of the San
Francisco Municipal Code), the Agency's board of directors may adopt threshold amounts under which the
Director of Transportation may approve contracts.
(h) (g) Except provided in this Article, the Agency shall be subject to the provisions of this Charter
applicable to boards, commissions, and departments of the City and County, including Sections 2.114, 3.105,
4.101, 4.103, 4.104, 4.113, 9.118, 16.100, and A8.346. Sections 4.102, 4.126, and 4.132 shall not be applicable
to the Agency.
SEC. 8A.103. SERVICE STANDARDS AND ACCOUNTABILITY.
(a) The Municipal Railway shall be restored as soon as practicable to a level of service measured in
service hours which is not less than that provided under the schedule of service published in the April 1996
timetable, although not necessarily in that configuration.
(b) No later than July 1, 2000, and by By July 1 of each year thereafter, the Agency shall adopt milestones for the toward achievement of the goals specified in subsections (c) and (d). Milestones shall be
adopted for each mode of transportation of the Municipal Railway, and for the Municipal Railway as a whole,
with the goal of full achievement of the standards set in subsection (c) no later than July 1, 2004.
(c) The standards for the Agency with respect to the services provided by the Municipal Railway shall
include the following minimum standards for on-time performance and service delivery:
1. On-time performance: at least 85 percent of vehicles must run on-time, where a vehicle is considered
on-time if it is no more than one minute early or four minutes late as measured against a published schedule that
includes time points; and
2. Service delivery: 98.5 percent of scheduled service hours must be delivered, and at least 98.5 percent
of scheduled vehicles must begin service at the scheduled time.
(d) The standards for both managers and employees of the Agency with respect to the services,
provided by the Municipal Railway shall also include other The Board of Directors shall adopt Agency rules
setting additional measurable standards for system reliability, system performance, staffing performance, and
customer service, including:
1. Passenger, public, and employee safety and security;
2. Coverage of neighborhoods and equitable distribution of service;
3. Level of crowding;
4. Frequency and mitigation of accidents and breakdowns;
5. Improvements in travel time, taking into account adequate recovery and lay-over times for operators;
6. Vehicle cleanliness, including absence of graffiti;
7. Quality and responsiveness of customer service;
8. Employee satisfaction;
9. Effectiveness of the preventive maintenance program; and
10. Frequency and accuracy of communications to the public.
11. The Agency's duties related to parking and traffic functions and any other functions that may be
added to the Agency's responsibilities.
(e) The Board of Directors shall adopt Agency rules setting forth the methods by which performance
shall be measured with respect to each standard. The performance measures adopted in Section 4 of this
measure shall be published as rules of the Agency and utilized to determine the achievement of the performance
standards and milestones adopted by the Agency for the Municipal Railway. The performance measures shall
be subject to amendment after public hearing by a vote of the Agency board. The Agency shall regularly
publish reports documenting the Agency's performance for each standard. Each performance report shall note
any changes in the rules governing the methods by which performance is measured so as to inform
interpretation of performance trends over time. on its attainment of those standards and milestones. Nothing
herein shall prohibit the Agency from using additional performance measures.
(f) The Agency shall issue a Climate Action Plan to the Board of Supervisors and the Commission on
the Environment by January 1, 2009, and every two years thereafter. The plan shall describe measures taken
and progress made toward the goal of reducing greenhouse gas emissions from San Francisco’s transportation
sector to 80 percent of 1990 levels by 2012 and shall further address progress toward the following goals:
1. Zero greenhouse gas emissions for Municipal Railway transit vehicles;
2. Lowering energy consumption in Agency facilities and by non-transit vehicles;
3. Maximizing waste reduction in Agency operations;
4. Increasing transit trips and reducing private vehicle trips within the City;
5. Increasing the use of bicycles as an alternate form of transportation; and
6. Improving regional transit connections to reduce private vehicle use by commuters.
SEC. 8A.104. PERSONNEL AND MERIT SYSTEM.
(a) The Agency shall establish its own personnel/labor relations office. The director of transportation
shall appoint a personnel/labor relations manager, who shall serve at the pleasure of the director of
transportation.
(b) Except as otherwise provided in this Section, the Agency shall be governed by the rules of the civil
service system administered by the City and appeals provided in civil service rules shall be heard by the City's
Civil Service Commission. Unless otherwise agreed by the Agency and affected employee organizations,
appeals to the Civil Service Commission shall include only those matters within the jurisdiction of the Civil
Service Commission which establish, implement, and regulate the civil service merit system as listed in Section
A8.409-3.
(c) Effective July 1, 2000, except for the administration of health services, the Agency shall assume all
powers and duties vested in the Department of Human Resources and the Director of Human Resources under
Articles X and XI of this Charter with respect to all job classifications previously designated as performing
"service critical functions." Effective July 1, 2008, except for the administration of health services, the Agency
shall assume all powers and duties vested in the Department of Human Resources and the Director of Human
Resources under Articles X and XI of this Charter with respect to all Agency employees. in connection with
job classifications within the Municipal Railway performing "service-critical" functions. Except for the matters
set forth in subsection (f), the Department of Human Resources and the Director of Human Resources shall
maintain all powers and duties under Articles X and XI as to all other Agency employees.
(d) On or before April 15, 2000, the Agency shall designate "service-critical" classifications and
functions for all existing classifications used by the Municipal Railway; provided, however, that employees in
classifications designated as "service-critical" shall continue to be covered by any Citywide collective
bargaining agreement covering their classifications until the expiration of that agreement.
(e) For purposes of this Article, "service-critical" functions are:
1. Operating a transit vehicle, whether or not in revenue service;
2. Controlling dispatch of, or movement of, or access to, a transit vehicle;
3. Maintaining a transit vehicle or equipment used in transit service, including both preventive
maintenance and overhaul of equipment and systems, including system-related infrastructure;
4. Regularly providing information services to the public or handling complaints; and
5. Supervising or managing employees performing functions enumerated above.
The Agency shall consult with affected employee organizations before designating particular job
classifications as performing "service-critical" functions. If an employee organization disagrees with the
Agency's designation of a particular job classification as "service-critical" pursuant to the above standards, the
organization may, within seven days of the Agency's decision, request immediate arbitration. The arbitrator
shall be chosen pursuant to the procedures for the selection of arbitrators contained in the memorandum of
understanding of the affected employee organization. The arbitrator shall determine only whether the Agency's
designation is reasonable based on the above standards. The arbitrator's decision shall be final and binding.
The Agency may designate functions other than those listed above, and the job classifications
performing those additional functions, as "service-critical," subject to the consultation and arbitration
provisions of this Section. In deciding a dispute over such a designation, the arbitrator shall decide whether the
job functions of the designated classes relate directly to achievement of the goals and milestones adopted
pursuant to Section 8A.103 and are comparable to the above categories in the extent to which they are critical
to service.
(d) (f) In addition, the Agency shall, with respect to all Agency employees, succeed to the powers and
duties of the Director of Human Resources under Article X to review and resolve allegations of discrimination,
as defined in Article XVII, against employees or job applicants, or allegations of nepotism or other prohibited
forms of favoritism; provided, however, that the Agency's resolution of allegations of discrimination must be
approved by the City's Director of Human Resources. To the extent resolution of a discrimination complaint or
request for accommodation involves matters or employees beyond the Agency's jurisdiction, the Agency shall
coordinate with and be subject to applicable determinations of the Director of Human Resources.
(e) (g) The Agency shall be responsible for creating and, as appropriate, modifying Agency Municipal
Railway bargaining units for classifications designated by the Agency as "service-critical" and shall establish
policies and procedures pursuant to Government Code sections 3507 and 3507.1 for creation and modification
of such bargaining units. When the Agency creates or modifies a bargaining unit, employees in existing
classifications placed in such bargaining unit shall continue to be represented by their current employee
organizations.
(f) (h) The Agency may create new classifications of Agency employees doing specialized work for the
Agency. Such classifications shall be subject to the civil service provisions of the Charter unless exempted
pursuant to Section 10.104, 8A.102(d) or subsection (g) (i).
(g) (i) The Agency may create new classifications and positions in those classifications exempt from
the civil service system for managerial employees in addition to those exempt positions provided in Section
10.104 and 8A.102(d); provided, however, that the total number of such exempt new positions shall not exceed
1.5 10 percent of the Agency's total workforce, exclusive of the exempt positions provided in Section 10.104.
This provision shall not be utilized to eliminate personnel holding existing permanent civil service managerial
positions on November 2, 1999.
Persons serving in exempt managerial positions shall serve at the pleasure of the director of
transportation. Such exempt management employees, to the extent they request placement in a bargaining unit,
shall not be placed in the same bargaining units as non-exempt employees of the Agency.
(h) (j) The Civil Service Commission shall annually review both exempt and non-exempt classifications
of the Agency to ensure compliance with the provisions of subsections (h) and (i).
(i) (k) Upon the expiration of current labor contracts negotiated by the Department of Human
Resources and approved by the Board of Supervisors, and except for retirement benefits, the wages, hours,
working conditions, and benefits of the employees in classifications within the Municipal Railway designated
by the Agency as "service-critical" shall be fixed by the Agency after meeting and conferring as required by the
laws of the State of California and this Charter, including Sections A8.346, A8.404 and A8.409. These
agreements shall utilize, and shall not alter or interfere with, the health plans established by the City's Health
Service Board; provided, however, that the Agency may contribute toward defraying the cost of employees'
health premiums. For any job classification that exists both as a "service-critical" classification in the Agency
Municipal Railway and elsewhere in City service, the base wage rate negotiated by the Agency for that
classification shall not be less than the wage rate set in the Citywide memorandum of understanding for that
classification.
(j) (l) Notwithstanding subsection (i) (k), the Agency may, in its sole discretion, utilize the City's
collective bargaining agreements with any employee organization representing less than 10 percent of the
Agency's Municipal Railway's workforce.
(k) (m) Notwithstanding any limitations on compensation contained in Section A8.404, and in addition
to the base pay established in collective bargaining agreements, all agreements negotiated by the Agency
relating to compensation for Agency Municipal Railway managers and employees in classifications designated
by the Agency as "service-critical" shall may provide incentive bonuses based upon the achievement of the
service standards in Section 8A.103(c) and other standards and milestones adopted pursuant to Section 8A.103.
Such agreements may provide for additional incentives based on other standards established by the Agency,
including incentives to improve attendance. The Agency shall also establish a program provide an incentive
compensation plan under which a minimum of 10 percent of the total annual compensation for which each
manager of the Agency who is exempt from the civil service system is eligible shall be paid as incentive
compensation according to the Agency's or division's achievement of service standards adopted by the Board of
Directors. that provides incentive bonuses for all managers, including all managers exempt from the civil
service system, based on the achievement of these standards and milestones.
(l) (n) For employees whose wages, hours and terms and conditions of employment are set by the
Agency pursuant to Sections A8.404 or A8.409 et seq., the Agency shall exercise all powers of the City and
County, the Board of Supervisors, the Mayor, and the Director of Human Resources under those sections. For
employees covered by Section A8.409 et seq., the mediation/arbitration board set forth in Section A8.409-4
shall consider the following additional factors when making a determination in any impasse proceeding
involving the Agency: the interests and welfare of transit riders, residents, and other members of the public; and
the Agency's ability to meet the costs of the decision of the arbitration board without materially reducing
service. Notwithstanding the timelines described in Section A8.409-4, to be effective the beginning of the next
succeeding fiscal year, all negotiated agreements, mediated agreements and/or arbitration awards must be
submitted to the MTA Board of Directors no later than May 31 for final adoption on or before June 30. For
employees whose wages, hours and terms and conditions of employment are set by the Agency pursuant to
Sections A8.404, tThe Agency shall perform the functions of the Civil Service Commission with respect to
certification of the average of the two highest wage schedules for transit operators in comparable jurisdictions
pursuant to Section A8.404(a), and conduct any actuarial study necessary to implement Section A8.404(f).
(m) (o) The voters find that unscheduled employee absences adversely affect customer service.
Accordingly, not later than January 1, 2001, the agency shall create a comprehensive plan for the reduction of
unscheduled absences. In addition, the Agency shall take all legally permitted steps to eliminate unexcused
absences. The Agency shall have no authority to approve any memorandum of understanding or other binding
agreement which restricts the authority of the Agency to administer appropriate discipline for unexcused
absences.
(n) (p) Before adopting any tentative agreement reached as a result of negotiations, or mediation or an
award issued through arbitration, the Agency shall, no later than May 31, at a duly noticed public meeting,
disclose in writing the contents of such tentative agreement or award, a detailed analysis of the proposed
agreement, a comparison of the differences between the agreement reached and the prior agreement, and an
analysis of all costs for each year of the term of such agreement. Such tentative agreement between the Agency
and employee organization shall not be approved by the Agency until 30 days after the above disclosures have
been made.
SEC. 8A.105. MUNICIPAL TRANSPORTATION FUND; REVENUES FOR PUBLIC TRANSIT.
(a) There is hereby established a fund to provide a predictable, stable, and adequate level of funding for
the Agency, which shall be called the Municipal Transportation Fund. The fund shall be maintained separate
and apart from all other City and County funds. Monies therein shall be appropriated, expended, or used by the
Agency solely and exclusively for the operation including, without limitation, capital improvements,
management, supervision, maintenance, extension, and day-to-day operation of 1) the Agency, including any
division ; 2) the Municipal Railway; 3) upon its incorporation into the Agency, the Department of Parking and
Traffic; and 4) any other division of the Agency subsequently created or incorporated into the Agency and
performing transportation-related functions. Monies in the Fund may not be used for any other purposes than
those identified in this Section.
(b) Beginning with the fiscal year 2000-2001 and in each fiscal year thereafter, there is hereby set aside
to the Municipal Transportation Fund the following:
1. An amount (the "Base Amount") which shall be no less than the amount of all appropriations from
the General Fund, including all supplemental appropriations, for the fiscal year 1998-1999 or the fiscal year
1999-2000, whichever is higher (the "Base Year"), adjusted as provided in subsection (c), below, for (1) the
Municipal Railway; and (2) all other City and County commissions, departments and agencies providing
services to the Municipal Railway, including the Department of Human Resources and the Purchasing
Department, for the provision of those services. The Base Amount for the Department of Parking and Traffic
and the Parking Authority shall be established in the same fashion but using fiscal years 2000-2001 and 20012002 for the services being incorporated into the Agency.
2. Subject to the limitations and exclusions in Sections 4.113 and 16.110, the revenues of the Municipal
Railway, and, upon their incorporation into the Agency, the revenues of the Department of Parking and Traffic,
and the Parking Authority; and
3. All other funds received by the City and County from any source, including state and federal sources,
for the support of the Agency Municipal Railway.
(c) The Base Amount shall initially be determined by the Controller. Adjustments to the Base Amount
shall be made as follows:
1. The Base Amount shall be adjusted for each year after fiscal year 2000-2001 by the Controller based
on calculations consistent from year to year, by the percentage increase or decrease in aggregate City and
County discretionary revenues. In determining aggregate City and County discretionary revenues, the
Controller shall only include revenues received by the City which are unrestricted and may be used at the option
of the Mayor and the Board of Supervisors for any lawful City purpose. Errors in the Controller's estimate of
discretionary revenues for a fiscal year shall be corrected by adjustment in the next year's estimate.
2. An adjustment shall also be made for any increases in General Fund appropriations to the Agency in
subsequent years to provide continuing services not provided in the Base Year, but excluding additional
appropriations for one-time expenditures such as capital expenditures or litigation judgments and settlements.
3. Further, when new parking revenues increase due to policy changes in fines, taxes or newly-created
positions, the Base Amount shall be reduced by 50 percent of such increase to reduce the Agency's reliance on
the General Fund.
(d) The Treasurer shall set aside and maintain the amounts required to be set aside by this Section,
together with any interest earned thereon, in the Municipal Transportation Fund, and any amounts unspent or
uncommitted at the end of any fiscal year shall be carried forward, together with interest thereon, to the next
fiscal year for the purposes specified in this Article.
(e) It is the policy of the City and County of San Francisco to use parking-related revenues to support
public transit. To that end, the following parking-related revenues deposited in the Transportation Fund shall
be used to support the capital and operating expenses arising from the Agency's transit functions:
1. Revenues from parking meters, except those amounts collected from parking meters operated by the
Recreation and Park Department and the Port Commission and except to the extent that they are required by
law to be dedicated to other traffic regulation and control functions;
2. Revenues from off-street parking facilities under the jurisdiction of the Agency (excluding facilities
owned by the Parking Authority), including facilities leased to private owners and non-profit corporations,
except those amounts generated from any parking on or below any land or facilities under the jurisdiction of the
Recreation and Park Department and except those amounts obligated by contract executed before 1993 to pay
debt service;
3. Revenues from fines, forfeited bail, or penalties for parking violations, except those amounts to be
credited to the courthouse construction fund as provided in Administrative Code Section 10.117-35.
In addition, there is hereby set aside from the general revenues of the City and County and deposited in
the Transportation Fund to support the capital and operating expenses arising from the Agency's transit
functions an amount equivalent to 80 percent of the revenues received from the City's tax on occupation of
parking spaces.
SEC. 8A.106. BUDGET.
The Agency shall be subject to the provisions of Article IX of this Charter except:
(a) No later than May March 1 of each even-numbered year, after professional review, public hearing
and after receiving the recommendations of the Citizens' Advisory Council, the Agency shall submit its
proposed budget for the next two fiscal years year to the Mayor and the Board of Supervisors for their review
and consideration. The Agency shall propose a base budget that is balanced without the need for additional
funds over the Base Amount, but may include fare increases and decreases, and reductions or abandonment of
service. The Mayor shall submit the base budget to the Board of Supervisors, without change. Should the
Agency request additional general fund support over the Base Amount, it shall submit an augmentation request
for those funds in the standard budget process and subject to normal budgetary review and amendment under
the general provisions of Article IX..
(b) At the time the budget is adopted, the Agency shall certify that the budget is adequate in all respects
to make substantial progress towards meeting the goals, objectives, and performance standards established
pursuant to Section 8A.103 for the fiscal year covered by the budget.
(c) No later than August 1, the Board of Supervisors may allow the Agency's base budget to take effect
without any action on its part or it may reject but not modify the Agency's base budget by a two-thirds' vote.
Any fare or service change, route abandonment, or revenue measure proposed in the base budget shall be
considered accepted unless rejected by a two-thirds' vote on the entire base budget. Should the Board reject the
base budget, it shall make additional interim appropriations to the Agency from the Municipal Transportation
Fund sufficient to permit the Agency to maintain all operations through the extended interim period until a base
budget is adopted. Any request for appropriation of General Fund revenues in excess of the Base Amount
augmentation funding shall be approved, modified, or rejected under the general provisions of Article IX.
(d) Subsequent budget amendments or modifications proposed by the Agency during the term of the
budget, including but not limited to amendments reflecting fare changes, route abandonments and revenue
measures, shall be submitted to the Board of Supervisors. The Board of Supervisors may allow a budget
amendment to take effect without any action on its part or it may reject but not modify the budget amendment by
a two-thirds' vote taken within 30 days after its submission to the Board of Supervisors.
(e) Notwithstanding any other provisions of this Charter or requirements of the Annual Salary
Ordinance, the Agency may move funds within its budget and hire personnel without Controller approval so
long as the Controller's periodic and verifiable projections of spending by the Agency show the Agency's
spending will be within the approved budget. However, should the Controller's projection show that the
Agency is likely to exceed its budget, the Controller may impose appropriate controls in his or her discretion to
keep the agency within budget.
SEC. 8A.108. FARE CHANGES AND ROUTE ABANDONMENTS.
(a) Any proposed change in fares shall be submitted to the Board of Supervisors as part of the Agency's
budget or as a budget amendment under Section 8A.106, and may be rejected at that time by a two-thirds' vote
of the Board.
(b) The Agency shall base any proposed change in Municipal Railway fares on the following criteria:
1. The Municipal Railway's need for additional funds for operations and capital improvements.
2. The extent to which the increase is necessary to meet the goals, objectives, and performance
standards previously established by the Agency pursuant to Section 8A.103.
3. The extent to which the Agency has diligently sought other sources of funding for the operations and
capital improvements of the Municipal Railway.
4. The need to keep Municipal Railway fares low to encourage maximum patronage.
5. The need to increase fares gradually over time to keep pace with inflation and avoid large fare
increases after extended periods without a fare increase.
(c) (b) For purposes of this Article, a "route abandonment" shall mean the permanent termination of
service along a particular line or service corridor where no reasonably comparable substitute service is offered.
If the Agency proposes to abandon a route at any time other than as part of the budget process as provided in
Section 8A.106 8A.106(a), it shall first submit the proposal to the Board of Supervisors. The Board of
Supervisors may, after a noticed public hearing, reject the proposed route abandonment by a two-thirds' vote of
its members taken within 30 days after the proposal is submitted by the Agency.
SEC. 8A.109. ADDITIONAL SOURCES OF REVENUE.
(a) To the extent allowed by law, the Board of Supervisors may, by ordinance, dedicate to the Agency
revenues from sources such as gas taxes, motor vehicle licensing taxes or other available motor vehicle-related
revenue sources.
(b) The Mayor, the Board of Supervisors, and the Agency diligently shall seek to develop new sources
of funding for the Agency's operations, including sources of funding dedicated to the support of such
operations, which can be used to supplement or replace that portion of the Municipal Transportation Fund
consisting of appropriations from the General Fund of the City and County. To the extent permitted by State
law, Unless prohibited by preemptive state law, the Agency may submit any proposal for increased or
reallocated funding to support all or a portion of the operations of the Agency, including, without limitation, a
tax or special assessment directly to the electorate for approval, or to the owners of property or businesses to be
specially assessed, or to any other persons or entities whose approval may be legally required, without the
further approval of the Mayor or the Board of Supervisors. The Agency shall be authorized to conduct any
necessary studies in connection with considering, developing, or proposing such revenue sources.
SEC. 8A.110. PLANNING AND ZONING.
The planning and zoning provisions of this Charter and the Planning Code, as they may be amended
from time to time, shall apply to all real property owned or leased by the Agency but shall not impede the
Agency's exclusive authority to set rates and other charges pursuant to Section 8A.102(b)(5).
SEC. 8A.112. PARKING AND TRAFFIC; INCORPORATION INTO AGENCY.
(a) By July 1, 2001, the Agency and the Department of Parking and Traffic shall prepare and submit to
the Mayor and the Board of Supervisors a joint plan for incorporating the Department into the Agency.
(b) Effective July 1, 2002, the Department of Parking and Traffic shall become a separate department
of the Municipal Transportation Agency and Charter Section 4.116, establishing the Parking and Traffic
Commission, shall be repealed. Effective that date, the Agency shall have all the same powers and duties with
respect to the Department of Parking and Traffic that it has with respect to the Municipal Railway, and shall
succeed to all powers and duties of the Parking and Traffic Commission.
The Municipal Transportation Agency board of directors shall succeed to all powers and duties of the
former Parking and Traffic Commission, Effective July 1, 2002, the Agency's board of directors shall also
exercise all remaining powers of the Parking and Traffic Commission for all purposes, including the power of
members of the Parking and Traffic Commission to serve ex officio as members of the Parking Authority
Commission under Section 32657 of the Streets and Highways Code. The chair of the Agency's board of
directors shall designate annually the directors to serve as members of the Parking Authority Commission. Any
person may serve concurrently as a member of the Agency's board of directors and as a member of the Parking
Authority Commission. It is the policy of the City and County that the Agency exercise all powers vested by
State law in the Parking Authority.
It shall be City policy that the offices of Director of Transportation and Parking Authority Executive
Director are not incompatible offices, and the Director of Transportation may serve ex officio as Parking
Authority Executive Director, but shall not receive any additional compensation for that service.
(c) Except as provided in subsection (a), no provision of this Article shall apply to the Department of
Parking and Traffic prior to July 1, 2002.
SEC. 8A.113. PARKING AND TRAFFIC; GOVERNANCE.
(a) The Agency shall be responsible for management of parking and traffic functions within the City, so
as to manage the functions of the Department of Parking and Traffic so that the department:
1. Provide Provides priority to transit services in the utilization of streets, particularly during commute
hours while maintaining the safety of passengers, pedestrians, cyclists and motorists;
2. Facilitate Facilitates the design and operation of City streets to enhance alternative forms of transit,
such as pedestrian, bicycle, and pooled or group transit (including taxis);
3. Propose Proposes and implement implements street and traffic changes that gives the highest priority
to public safety and to impacts on public transit, pedestrians, commercial delivery vehicles, and bicycles;
4. Integrate Integrates modern information and traffic-calming techniques to promote safer streets and
promote usage of public transit; and
5. Develop Develops a safe, interconnected bicycle circulation network.
6. Ensure that parking policies and facilities contribute to the long term financial health of the Agency.
(b) It shall be City policy that the The Agency shall manage the Parking Authority so that it does not
acquire or construct new or expanded parking facilities unless the Agency finds that the costs resulting from
such acquisition, construction, or expansion and the operation of such facilities will not reduce the level of
funding to the Municipal Railway from parking and garage revenues under Section 16.110 to an amount less
than that provided for fiscal year 1999-2000, as adjusted by the Controller for inflation; further provided that it
shall be City policy that before approving the acquisition, construction or expansion of a parking garage, the
Agency's Board of Directors shall make a finding that the operation of the garage will advance or be consistent
with the City's Transit First Policy.
SEC. 8A.114. 16.100. CABLE CARS.
In the conduct of the public transportation system there shall be maintained and operated cable car lines
as follows:
1. A line commencing at Powell and Market Streets; thence along Powell Street to Jackson Street;
thence along Jackson Street to Mason Street; thence along Mason Street to Columbus Avenue; thence along
Columbus Avenue to Taylor Street; thence along Taylor Street to a terminal at Bay Street; returning from Bay
and Taylor Streets along Taylor Street to Columbus Avenue; thence along Columbus Avenue to Mason Street;
thence along Mason Street to Washington Street; thence along Washington Street to Powell Street; and thence
along Powell Street to Market Street, the point of commencement.
2. A line commencing at Powell and Market Streets; thence along Powell Street to Jackson Street;
thence along Jackson Street to Hyde Street; thence along Hyde Street to a terminal at Beach; returning from
Beach and Hyde Streets along Hyde Street to Washington Street; thence along Washington Street to Powell
Street; thence along Powell Street to Market Street, the point of commencement.
3. A line commencing at Market and California; thence along California Street to a terminal at Van
Ness Avenue; returning from Van Ness Avenue along California Street to Market Street, the point of
commencement.
To fully effectuate the intent of this section, these lines shall be maintained and operated at the normal
levels of scheduling and service in effect on July 1, 1971; provided, however, that nothing herein contained
shall prevent the increasing of the levels of scheduling and service.
SEC. 8A.115. 16.102. TRANSIT-FIRST POLICY.
The following principles shall constitute the City and County's transit-first policy and shall be
incorporated into the General Plan of the City and County. All officers, boards, commissions, and departments
shall implement these principles in conducting the City and County's affairs:
1. To ensure quality of life and economic health in San Francisco, the primary objective of the
transportation system must be the safe and efficient movement of people and goods.
2. Public transit, including taxis and vanpools, is an economically and environmentally sound
alternative to transportation by individual automobiles. Within San Francisco, travel by public transit, by
bicycle and on foot must be an attractive alternative to travel by private automobile.
3. Decisions regarding the use of limited public street and sidewalk space shall encourage the use of
public rights of way by pedestrians, bicyclists, and public transit, and shall strive to reduce traffic and improve
public health and safety.
4. Transit priority improvements, such as designated transit lanes and streets and improved
signalization, shall be made to expedite the movement of public transit vehicles (including taxis and vanpools)
and to improve pedestrian safety.
5. Pedestrian areas shall be enhanced wherever possible to improve the safety and comfort of
pedestrians and to encourage travel by foot.
6. Bicycling shall be promoted by encouraging safe streets for riding, convenient access to transit,
bicycle lanes, and secure bicycle parking.
7. Parking policies for areas well served by public transit shall be designed to encourage travel by
public transit and alternative transportation.
8. New transportation investment should be allocated to meet the demand for public transit generated by
new public and private commercial and residential developments.
9. The ability of the City and County to reduce traffic congestion depends on the adequacy of regional
public transportation. The City and County shall promote the use of regional mass transit and the continued
development of an integrated, reliable, regional public transportation system.
10. The City and County shall encourage innovative solutions to meet public transportation needs
wherever possible and where the provision of such service will not adversely affect the service provided by the
Municipal Railway.
SEC. 9.118. CONTRACT AND LEASE LIMITATIONS.
(a) Unless otherwise provided for in this Charter, contracts entered into by a department, board or
commission having anticipated revenue to the City and County of one million dollars or more, or the
modification, amendment or termination of any contract which when entered into had anticipated revenue of
one million dollars or more, shall be subject to approval of the Board of Supervisors by resolution.
(b) Unless otherwise provided for in this Charter, and with the exception of construction contracts
entered into by the City and County, any other contracts or agreements entered into by a department, board or
commission having a term in excess of ten years, or requiring anticipated expenditures by the City and County
of ten million dollars, or the modification or amendments to such contract or agreement having an impact of
more than $500,000 shall be subject to approval of the Board of Supervisors by resolution.
(c) Unless otherwise provided for in this Charter, any lease of real property for a period of ten or more
years, including options to renew, or having anticipated revenue to the City and County of one million dollars or
more; the modification, amendment or termination of any lease, which when entered into was for a period of ten
or more years, including options to renew, or had anticipated revenue to the City and County of one million
dollars or more; and any sale or other transfer of real property owned by the City and County, shall first be
approved by resolution of the Board of Supervisors. Leases of property under the jurisdiction of the Port
Commission for maritime use shall be exempt from the requirements of this section.
(d) Approval of the Board of Supervisors shall not be required for contracts and leases of property
authorized by the Municipal Transportation Agency Board of Directors as part of a lease financing or other
debt financing arrangement the proceeds of which are used exclusively for Agency purposes.
SEC. 16.110. REVENUES FOR PUBLIC TRANSIT.
It is the policy of the City and County of San Francisco to use parking-related revenues, where
available, to support public transit. To the extent allowed by law, there is hereby set aside from the general
revenues of the City and County for the operations and capital improvements of the Department of Public
Transportation for each fiscal year an amount equivalent to the City and County's share of revenues realized
from:
1. Parking meters, except those amounts to be credited to the off-street parking fund as provided in
Traffic Code Section 213 and those amounts collected from parking meters operated by the Recreation and
Park Department and the Port Commission;
2. City-owned off-street parking facilities, including facilities leased to private owners and non-profit
corporations, except those amounts to be credited to the off-street parking fund or otherwise dedicated as
provided in Traffic Code Section 213 and except those amounts generated from any parking on or below any
land or facilities under the jurisdiction of the Recreation and Park Department;
3. Fines, forfeited bail, or penalties for parking violations, except those amounts to be credited to the
courthouse construction fund as provided in Administrative Code Section 10.117-35; and,
4. The tax on occupation of parking spaces, except for the amounts attributable to any surcharges
imposed since 1978 and except for the amounts set aside for senior citizens' programs as provided in Section
615 of Part III of the Municipal Code.
In determining the amounts to be credited to the off-street parking fund as set forth in subparagraphs (1)
and (2) above, sufficient revenues shall be credited to such fund to ensure adequate funding for the purposes for
which such fund was created, including without limitation the following: capital outlays for the acquisition of
property, construction, completion, and leasing of public parking lots, storage space, garages, structures, and
other off-street parking facilities; maintenance and operation of such parking facilities; public works
improvements that increase the supply of on-street parking; engineering and construction of on-street parking
bays in parking meter districts in neighborhood commercial districts; installation and maintenance of on- and
off-street parking meters; and the administration of the parking programs of the City and County.
The Treasurer shall set aside and maintain said amounts, together with any interest earned thereon, in a
special fund, and any amounts unspent or uncommitted at the end of any fiscal year shall be carried forward to
the next fiscal year and, subject to the budgetary and fiscal limitations of the Charter, shall be appropriated
then or thereafter for the purposes specified in this section.
To the extent allowed by law, the Board of Supervisors may, by ordinance, dedicate additional revenues
to the department of public transportation from sources including, but not limited to, gas taxes, motor vehicle
licensing taxes or other available motor vehicle-related revenue sources.
SEC. A8.404. SALARIES AND BENEFITS OF TRANSIT OPERATORS CARMEN.
The wages, conditions and benefits of employment for transit operators as provided for in this section
of the various classifications of employment of platform employees and coach or bus operators of the municipal
railway as compensation, shall be determined and fixed annually as follows:
(a) On or before the first Monday of August of each year, the civil service commission shall certify to
the board of supervisors for each classification of employment the average of the two highest wage schedules in
effect on July 1st of that year for comparable transit operators platform employees and coach or bus operators
of other surface street railway and bus systems in the United States operated primarily within the municipalities
having each a population of not less than 500,000 as determined by the then most recent census taken and
published by the director of the census of the United States, and each such system normally employing not less
than 400 transit operatorsplatform employees or coach or bus operators, or platform employees, coach and bus
operators.
(b) The board of supervisors shall thereupon fix a wage schedule for each classification of transit
operatorsplatform employees and coach and bus operators of the municipal railway which shall not be in
excess of less than the average of the two highest wage schedules so certified by the civil service commission
for each such classification.
(c) When, in addition to their usual duties, such employees are assigned duties as instructors of transit
operatorsplatform employees or coach or bus operators they shall receive additional compensation that shall be
subject to negotiation in addition to the rate of pay to which they are otherwise entitled under the wage schedule
as herein provided.
(d) The rates of pay fixed for transit operators platform employees and coach and bus operators as
herein provided shall be effective from July 1st of the year in which such rates of pay are certified by the civil
service commission.
(e) The terms “wage schedule” and “wage schedules” wherever used in this section are hereby defined
and intended to include only the maximum rate of pay provided in each such wage schedule.
(f) At the time the board of supervisors fixes the wage schedule as provided in (b) above, the board of
supervisors may fix as conditions and benefits of employment other than wages as compensation for transit
operators platform employees and coach or bus operators of the municipal railway, conditions and benefits not
to exceed those conditions and benefits granted by collective bargaining agreements to the comparable transit
operators platform employees and coach or bus operators of the two systems used for certification of the
average of the two highest wage schedules by the civil service commission. The board of supervisors may
establish such conditions and benefits notwithstanding other provisions or limitations of this charter, with the
exception that such conditions and benefits shall not involve any change in the administration of, or benefits of
the retirement system, health service system or vacation allowances as provided elsewhere in this charter. For
all purposes of the retirement system as related to this section, the word “compensation” as used in Section
8.509 of this charter shall mean the “wage schedules” as fixed in accordance with paragraphs (a) and (b) above,
including those differentials established and paid as part of wages to transit operators platform employees and
coach and bus operators of the municipal railway, but shall not include the value of those benefits paid into the
fund established as herein provided. Provided that when in the two systems used for certification as provided
above, vacation, retirement and health service benefits are greater than such similar benefits provided by this
charter for transit operators platform employees, coach or bus operators of the municipal railway, then an
amount not to exceed the difference of such benefits may be converted to dollar values and the amount
equivalent to these dollar values shall be paid into a fund. The fund shall be established to receive and to
administer said amounts representing the differences in values of the vacation, retirement and health service
benefits, and to pay out benefits that shall be jointly determined by representatives of the city and county
government and the representatives of the organized transit operators platform employees and coach and bus
operators of the municipal railway. The civil service commission shall adopt rules for the establishment and
general administration of the fund as herein provided. Such rules shall provide for a joint administration of the
fund by representatives of the city and county government, which shall include representatives of the
administrator of the agency responsible for the municipal railway and representatives of the organized transit
operators platform employees, coach and bus operators of the municipal railway. Such rules may provide a
procedure for final and binding arbitration of disputes which may arise between representatives of the city and
county government and the representatives of the organized transit operators platform employees and coach
and bus operators of the municipal railway. Such rules shall provide that all investments of the fund shall be of
the character legal for insurance companies in California. Such rules and any amendments thereto shall be
effective upon approval by the board of supervisors by ordinance.
(g) Notwithstanding any provisions of this charter, including other subparts of this section, the board of
supervisors may, after meeting and conferring with and reaching agreement with the employee organization
certified as the representative for municipal railway transit operators, fix wages and benefits of employment
other than wages for transit operators platform employees and coach and bus operators of the municipal
railway under this section for periods in excess of one year. Any ordinance fixing wages and benefits of
employment other than wages adopted pursuant to this section for a period of more than one year shall contain a
provision to the effect that during said period of time it shall be unlawful for the employees receiving the
compensation so fixed to engage in a strike, work stoppage or conduct delaying or interfering with work at city
and county facilities. Wages and benefits of employment other than wages established under this section shall
not in any year exceed the limits established under paragraphs (b) and (f) of this section.
(h) Not later than the 25th day of August, the board of supervisors shall have the power and it shall be
its duty, subject to the fiscal provisions of the charter but, without reference or amendment to the annual budget,
to amend the annual appropriation ordinance and the annual salary ordinance as necessary to include the
provisions for paying the rates of compensation and conditions and benefits other than wages fixed by the board
of supervisors as in this section provided for transit operators platform employees and coach or bus operators
for the then current fiscal year.
On recommendation of the civil service commission the board of supervisors shall establish a rate of pay
for trainee transit operators platform men and bus or coach operators at a level reflecting the current labor
market but below the basic hourly rate for transit operators motorman, conductor and bus operator.
PPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
THOMAS J. OWEN
Deputy City Attorney
[MTA budget to be accountable to Mayor and Board of Supervisors; shared jurisdiction; compliance with voterapproved ordinances; Controller to administer MTA quality review.]
CHARTER AMENDMENT
PROPOSITION ____
Describing and setting forth a proposal to the qualified voters of the City and County of San Francisco to
amend the Charter of the City and County of San Francisco by amending Sections 8A.102, 8A.106, and 8A.107,
to provide that: the Municipal Transportation Agency’s budget shall be subject to the City’s normal budget
process; the Municipal Transportation Agency shall be subject to regulation by the Board of Supervisors; the
Municipal Transportation Agency must comply with voter-approved ordinances; and, the Controller, rather than
the Agency, shall administer the biennial municipal transportation quality review survey and study.
The Board of Supervisors hereby submits to the qualified voters of the City and County, at an election to
be held on November 6, 2007, a proposal to amend the Charter of the City and County by amending
Sections 8A.102, 8A.106, and 8A.107 to read as follows:
Note:
Additions are single-underline italics Times New Roman.
Deletions are strikethrough italics Times New Roman.
SEC. 8A.102. GOVERNANCE AND DUTIES.
(a) The Agency shall be governed by a board of seven directors appointed by the Mayor and confirmed
after public hearing by the Board of Supervisors. All initial appointments must be made by the Mayor and
submitted to the Board of Supervisors for confirmation no later than February 1, 2000. The Board of
Supervisors shall act on those initial appointments no later than March 1, 2000 or those appointments shall be
deemed confirmed.
At least four of the directors must be regular riders of the Municipal Railway, and must continue to be
regular riders during their terms. The directors must possess significant knowledge of, or professional
experience in, one or more of the fields of government, finance, or labor relations. At least two of the directors
must possess significant knowledge of, or professional experience in, the field of public transportation. During
their terms, all directors shall be required to ride the Municipal Railway on the average once a week.
Directors shall serve four-year terms, provided, however, that two of the initial appointees shall serve for
terms ending March 1, 2004, two for terms ending March 1, 2003, two for terms ending March 1, 2002, and one
for a term ending March 1, 2001. Initial terms shall be designated by the Mayor. No person may serve more
than three terms as a director. A director may be removed only for cause pursuant to Article XV. The directors
shall annually elect a chair. The chair shall serve as chair at the pleasure of the directors. Directors shall
receive reasonable compensation for attending meetings of the Agency which shall not exceed the average of
the two highest compensations paid to the members of any board or commission with authority over a transit
system in the nine Bay Area counties.
(b) The Agency shall:
1. Have exclusive charge of the construction, management, supervision, maintenance, extension,
operation, use, and control of all property, as well as the real, personal, and financial assets of the Municipal
Railway; and have exclusive authority over contracting, leasing, and purchasing by the Municipal Railway,
provided that any Agency contract for outside services shall be subject to Charter Sections 10.104(12) and
10.104(15). Ownership of any of the real property of the City and County shall not be transferred to any private
entity pursuant to any such contract;
2. Have the sole power and authority to enter into such arrangements and agreements for the joint,
coordinated, or common use with any other public entity owning or having jurisdiction over rights-of-way,
tracks, structures, subways, tunnels, stations, terminals, depots, maintenance facilities, and transit electrical
power facilities;
3. Have the sole power and authority to make such arrangements as it deems proper to provide for the
exchange of transfer privileges, and through-ticketing arrangements, and such arrangements shall not constitute
a fare change subject to the requirements of Sections 8A.106 and 8A.108;
4. Have the authority to arrange with other transit agencies for bulk fare purchases, provided that if
passenger fares increase as a result of such purchases, the increase shall be subject to review by the Board of
Supervisors pursuant to Sections 8A.106 and 8A.108;
5. Notwithstanding Section 2.109, and except, as provided in Sections 8A.106 and 8A.108, have
exclusive authority to fix the fares charged by the Municipal Railway and all other rates, fees, and charges for
services provided by the Agency;
6. Have the authority to conduct investigations into any matter within its jurisdiction through the power
of inquiry, including the power to hold public hearings and take testimony, and to take such action as may be
necessary to act upon its findings; and
7. Exercise such other powers and duties as shall be prescribed by ordinance of the Board of
Supervisors.; and
8. Notwithstanding Section 8A.102(b)(1), the Agency shall comply with such other duties as shall be
prescribed by ordinance of San Francisco voters.
(c) The Agency's board of directors shall:
1. Appoint a director of transportation, who shall serve at the pleasure of the board. The director shall
be employed pursuant to an individual contract. His or her compensation shall be comparable to the
compensation of the chief executive officers of the public transportation systems in the United States which the
directors, after an independent survey to be conducted by the Controller, determine most closely resemble the
Agency in size, mission, and complexity. In addition, the Agency shall provide an incentive compensation
bonus plan for the director of transportation based upon the Agency's achievement of the milestones adopted
pursuant to Section 8A.103.
2. Appoint an executive secretary who shall be responsible for administering the affairs of the directors
and who shall serve at the pleasure of the board.
(d) The director of transportation shall appoint all subordinate personnel of the Agency, including a
deputy director for the Municipal Railway, and, upon its incorporation into the Agency, a deputy director for
Parking and Traffic. The deputy directors shall serve at the pleasure of the director of transportation. The
director of transportation may serve as the deputy director for the Municipal Railway, but shall not be entitled to
any greater compensation or benefits on that basis.
(e) Upon recommendation of the city attorney and the approval of the board of directors, the city
attorney may compromise, settle, or dismiss any litigation, legal proceedings, claims, demands or grievances
which may be pending for or on behalf of, or against the Agency relative to any matter or property solely under
the Agency's jurisdiction. Unlitigated claims or demands against the Agency shall be handled as set forth in
Charter Section 6.102. Any payment pursuant to the compromise, settlement, or dismissal of such litigation,
legal proceedings, claims, demands, or grievances, unless otherwise specified by the Board of Supervisors, shall
be made from the Municipal Transportation Fund.
(f) The Agency's board of directors, and its individual members, shall deal with administrative matters
solely through the director of transportation or his or her designees. Any dictation, suggestion, or interference
by a director in the administrative affairs of the Agency, other than through the director of transportation or his
or her designees, shall constitute official misconduct; provided, however, that nothing herein contained shall
restrict the directors' powers of hearing and inquiry as provided in this Section.
(g) Except to the extent otherwise provided in this Article, the Agency shall be subject to the provisions
of this Charter applicable to boards, commissions, and departments of the City and County, including Sections
2.114, 3.105, 4.101, 4.103, 4.104, 4.113, 9.118, 16.100, and A8.346. Sections 4.102, 4.126, and 4.132 shall not
be applicable to the Agency.
SEC. 8A.106. BUDGET.
The Agency shall be subject to the provisions of Article IX of this Charter except:
(a) No later than March 1 of each year, after professional review, public hearing and after receiving the
recommendations of the Citizens' Advisory Council, the Agency shall submit its proposed budget for the next
fiscal year. to the Mayor and the Board of Supervisors for their review and consideration. The Agency shall
propose a base budget that is balanced without the need for additional funds over the Base Amount, but may
include fare increases and decreases, and reductions or abandonment of service. The Mayor shall submit the
base budget to the Board of Supervisors, without change. Should the Agency request additional support over
the Base Amount, it shall submit an augmentation request for those funds in the standard budget process and
subject to normal budgetary review and amendment.
(b) At the time the budget is proposed adopted, the Agency shall certify that the budget is adequate in
all respects to make substantial progress towards meeting the goals, objectives, and performance standards
established pursuant to Section 8A.103 for the fiscal year covered by the budget.
(c) The Mayor and the Board shall have the same authority under Section 3.100 and Section 9.103
respectively over the Agency's base budget that they have over the proposed budgets of other City
departments, including the authority to increase, decrease, or eliminate any individual expenditure item, so
long as the aggregate changes do not cause the resulting total expenditures to exceed the total amount
proposed for expenditures in the Agency's base budget. The Board may also augment the Agency's base
budget using any legally-available funds, subject to Section 9.103. Funds dedicated to Agency uses under
Section 8A.105 must still only be used for Agency operations. No later than August 1, the Board of
Supervisors may allow the Agency's base budget to take effect without any action on its part or it may reject
but not modify the Agency's base budget by a two-thirds' vote. Any fare or service change proposed in the
base budget shall be considered accepted unless rejected by a two-thirds' vote on the entire base budget.
Should the Board reject the base budget, it shall make additional interim appropriations to the Agency from
the Municipal Transportation Fund sufficient to permit the Agency to maintain all operations through the
extended interim period until a base budget is adopted. Any request for augmentation funding shall be
approved, modified, or rejected under the general provisions of Article IX.
SEC. 8A.107. MUNICIPAL TRANSPORTATION QUALITY REVIEW.
(a) The Controller Agency shall biennially contract with a nationally recognized management or
transportation consulting firm with offices in the City and County for an independent review of the quality of
the Agency’s its operations. The contract shall be funded by the Agency. It shall be competitively bid and
approved by the Controller and the Board of Supervisors. The review shall contain:
1. A detailed analysis of the extent to which the Agency has met the goals, objectives, and performance
standards it is required to adopt under Section 8A.103, and the extent to which the Agency is expected to meet
those goals, objectives, and performance standards in the two fiscal years for which the review is submitted, and
independent verification of the Agency's reported performance under the performance measures adopted
pursuant to Section 4 of this measure; and
2. Such recommendations for improvement in the operation of the Agency as the firm conducting the
review deems appropriate.
(b) The results of the review shall be presented promptly to the Citizens' Advisory Council, the Agency,
the Board of Supervisors, and the Mayor by the reviewing firm; and the Citizens' Advisory Council, the
Agency, and the Board of Supervisors shall each promptly hold at least one public hearing thereon.
APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
THOMAS J. OWEN
Deputy City Attorney
THIS PRINT COVERS CALENDAR ITEM NO. 24
MUNICIPAL TRANSPORTATION AGENCY
City and County of San Francisco
DIVISION: TRANSPORTATION PLANNING AND DEVELOPMENT
BRIEF DESCRIPTION:
Requesting authorization for the Executive Director/CEO to execute Contract Modification No. 43 to San
Francisco Municipal Railway Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold
Avenue, with Mitchell Engineering/Obayashi Corp., a Joint Venture, for an additional $2,650,000.00 for a total
amount not to exceed $51,755,334.00 with no increase to the Contract time.
SUMMARY:




On January 21, 2003, the Municipal Transportation Agency Board of Directors adopted Resolution No.
03-027, which awarded Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold
Avenue, to Mitchell Engineering/Obayashi Corp., a Joint Venture, in the amount of $42,202,780.00.
On April 25, 2003, Muni issued the written Notice to Proceed to start the work.
The work performed under this Contract includes reconstruction of the roadway and sidewalk; construction of
utilities, trackway, transit platforms, landscaping, traffic signals, streetlights, and overhead catenary system; and a
seismic retrofit of the Islais Creek Bridge.
Contract Modification No. 43 will compensate the Contractor for inefficiencies and loss of productivity
while performing bridge work, trackwork, water work, roadway work, and waste handling due to
differing site conditions, re-sequencing, and site access restrictions. The Contract Modification will
increase the contract amount by $2,650,000.00, with no extension of time.


The total cost of the modifications will be within the established approved budgets for this project.
The Contract Compliance Office and the City Attorney’s Office have reviewed this calendar item.
ENCLOSURES (List numerically and by title):
1.
2.
3.
4.
MTAB Resolution
Previously Approved Contract Modifications
Contract Modification No. 43
Project Budget & Financial Plan
APPROVALS:
DATE
DIRECTOR OF DIVISION
PREPARING CALENDAR ITEM:
FINANCE:
EXECUTIVE DIRECTOR/CEO:
SECRETARY:
ADOPTED RESOLUTION
TO BE RETURNED TO:
Contracting Section Attn: Gigi Pabros
1 South Van Ness Avenue, 3rd Floor
San Francisco, CA 94102
ASSIGNED MTAB CALENDAR DATE
PAGE 2.
EXPLANATION
On January 21, 2003, the Municipal Transportation Agency (MTA) Board of Directors adopted Resolution No.
03-027, which awarded Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold Avenue
(Segment C) (“The Contract”) to Mitchell Engineering/Obayashi Corp., a Joint Venture, in the amount of
$42,202,780.00. On April 25, 2003, Muni issued the written Notice to Proceed (NTP) to start the work. The
original Contract duration was 760 calendar days from NTP.
The work performed under this Contract includes reconstruction of the roadway and sidewalks, construction of
utilities, trackway, transit platforms, landscaping, traffic signals, streetlights, and the overhead catenary system.
In addition, Segment C includes a seismic retrofit of the Islais Creek Bridge.
Due to the complex nature of this project and its interface with many City agencies and private utilities, a
number of changes have been necessary to complete the work. A listing of all previously approved Contract
Modifications is presented in Enclosure No. 2. Executed Contract Modifications increased the contract amount
by $6,902,554.00 and extended the term by 191 calendar days. These contract changes may have resulted in
impacts to the efficiency of the Contractor’s operations for which a number of Contract Modifications may be
prepared and presented to this Board once those impacts and any associated resulting costs are fully analyzed.
The total cost of the modifications will be within the established approved budgets for this project.
Contract Modification No. 43 will compensate the Contractor for inefficiencies and loss of productivity while
performing bridge work, trackwork, water work, roadway work, and waste handling due to differing site
conditions, design revisions, and re-sequencing of work.
The critical activities at the beginning of construction, which were the prerequisite work to all other contract
work, were the construction of all underground utilities. During this critical work, many Differing Site
Conditions were discovered and many Buried Man-Made Objects were encountered. The differing site
conditions delayed work, necessitated design revisions, and caused out of sequence work that had a ripple effect
on planned activities resulting in piecemeal work and inefficiencies. Work on water utilities was extended from
the baseline plan from one year to two years in duration. There were also numerous added work and design
improvements throughout the project, which added to the re-sequencing and extended the contract completion.
All these changes impacted Contractor’s operations and resulted in additional costs due to inefficiencies and
loss of productivity.
Both the City Attorney’s Office and the Contract Compliance Office have reviewed this calendar item.
Staff recommends that this Board approve Contract Modification No. 42 to San Francisco Municipal Railway
Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold Avenue, with Mitchell
Engineering/Obayashi Corp., a Joint Venture, to increase the Contract amount $2,650,000.00 to a total contract
amount of $51,755,334.00, with no extension of time.
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
CITY AND COUNTY OF SAN FRANCISCO
RESOLUTION No. ______________________
WHEREAS, The Municipal Transportation Agency (MTA) Board of Directors adopted Resolution No. 03-027
on January 21, 2003 which awarded Contract No. MR-1142: Third Street Light Rail Project: 22nd Street to
Jerrold Avenue to Mitchell Engineering/Obayashi Corp., a Joint Venture, in the amount of $42,202,780.00; and,
WHEREAS, MUNI issued a written Notice to Proceed (NTP) to start the work on April 25, 2003; and,
WHEREAS, The original Contract duration for the project was 760 calendar days from NTP; and,
WHEREAS, Previously approved Contract Modifications No. 1 through 42 increased the Contract amount by
$6,902,554.00 and extended the Contract by 191 calendar days; and,
WHEREAS, Differing site conditions and obstructions found during constructions impacted contractor’s
activities resulting in inefficiencies, loss of productivity, and increased cost; now, therefore, be it
RESOLVED, That the MTA Board of Directors authorizes the Executive Director/CEO to execute Contract
Modification No. 43 to San Francisco Municipal Railway Contract No. MR-1142, Third Street Light Rail
Project: 22nd Street to Jerrold Avenue, with Mitchell Engineering/Obayashi Corp., a Joint Venture, to increase
the contract value by $2,650,000 to a total contract value of $51,755,334, with no extension to the Contract
time.
I hereby certify that the foregoing resolution was adopted by the Municipal Transportation Agency
Board of Directors at its meeting of .
_________________________________________________
Secretary, Municipal Transportation Agency Board
Enclosure 2
Previously Approved Contract Modifications
Contract No. MR-1142, Third Street Light Rail Project: 22nd Street to Jerrold Avenue
Contract Modifications
No.
Amount
Change
Description
Duration
Change
Approved
By
01
Delete Power Ductbanks and Power Manholes
$
(644,602.20)
-
Executive Director/CEO
02
Additional Length of CISS Piles
$
180,000.00
-
Executive Director/CEO
03
Replace (E) Sewer between Arthur Ave. & Custer
$
244,222.00
-
Executive Director/CEO
04
$
245,799.00
-
Executive Director/CEO
$
135,169.00
-
Executive Director/CEO
06
Railroad Crossing Signal Interlock Changes
Add Textile Dome to Curb Ramps per ADA
Requirements
Relocate Stored Rail per SSWP
$
99,000.00
-
Executive Director/CEO
07
New Lead Counter Weights North Leaf ICB
$
212,000.00
-
Executive Director/CEO
08
Add Rail Grout at Two ea. Half Grand Unions
$
723,542.00
-
Executive Director/CEO
09
Remove Two Metal Angles at the ICB
$
61,056.00
5
Executive Director/CEO
10
New Lead Counter Weights South Leaf ICB
$
100,000.00
-
Executive Director/CEO
11
Install Lead Counter Weights
$
415,000.00
30
Executive Director/CEO
12
Provide Tieback System for the ICB
$
96,300.00
-
Executive Director/CEO
13
Time Extension
$
-
28
Executive Director/CEO
14
Not Issued
$
-
-
Executive Director/CEO
15
Coal Tar Epoxy on Bridge Rails
$
38,379.00
-
Executive Director/CEO
16
Modify Train & Traffic Signals and IJs at the HGUs
$
100,813.00
-
Executive Director/CEO
17
UPRR Crossing Street Grade Modification
$
130,000.00
-
Executive Director/CEO
18
UPRR Replace (E) Insulated Joints and Install Rail Grout
$
60,000.00
-
Executive Director/CEO
19
$
119,716.00
-
Executive Director/CEO
128
MTAB
21
Construct Twin Sewer at Third Street & Evans Avenue
Time Extension Due to Adverse Weather, Unforeseen
Site Conditions, and City Caused Delay
Colored Pavement and Sealant at Intersection
-
Executive Director/CEO
22
Not Issued
$
-
Executive Director/CEO
23
Changes to Sectionalizing Breaker
$
13,556.00
-
Executive Director/CEO
24
Changes to Traffic Control Cabinets
$
45,758.00
-
Executive Director/CEO
25
Roadway Grade Changes at Cesar Chavez Intersection
$
55,721.00
-
Executive Director/CEO
26
Revised Rail Profile & Rail Isolation
$
197,000.00
-
Executive Director/CEO
27
Not Issued
$
-
Executive Director/CEO
28
Install Sewer Duckbill and Dispose class II Soil
$
43,282.00
-
Executive Director/CEO
29
Revise Sewer Manholes and Repair Existing Sewer
$
76,206.00
-
Executive Director/CEO
30
Revisions to Curb Ramps at Various Locations
$
78,565.00
-
Executive Director/CEO
31
Modification on OCS Foundations
$
95,042.20
-
Executive Director/CEO
32
Speed Bumps
$
80,045.00
Executive Director/CEO
33
Miscellaneous CO's
$
369,909.00
Executive Director/CEO
34
Traffic Gates
$
136,859.00
Executive Director/CEO
35
ICB Miscellaneous CO's
$
152,337.00
Executive Director/CEO
36
ICB Miscellaneous CO's
$
220,207.00
Executive Director/CEO
37
Miscellaneous Electrical CO's
$
247,267.00
Executive Director/CEO
38
Roadway, A&S, Move Rail, Allowances
$
792,429.00
MTAB
39
Jack Bridge, Curb Ramps, Ghilotti escalation
$
257,271.00
MTAB
40
Bridge OCS revisions, Underwater Cables
$
476,151.00
MTAB
41
Inefficiencies, loss of productivity on sewer work
$
765,000.00
MTAB
42
Inefficiencies, loss of productivity on platform work
$
432,000.00
Totals
$
6,902,554.00
05
20
$
$
51,555.00
-
-
ENCLOSURE 4
MTAB
191
Third Street Light Rail Transit Project
Initial Operating Segment
Municipal Railway Contract MR-1142
Project Budget and Financial Plan
Cost Center
($ Thousands)
$ 13,267
28,842
87,483
$ 129,592
Phase 1
Phase 2
Phase 3
Total Grantee Support
Consultant Services
Phase 1
Phase 2
Phase 3
Total Consultant Services
Construction Contract Line Segments – Excluding MR-1142
Construction Contract MR-1142
Construction Contract MME
Total Construction
Right of Way Acquisition
$ 10,821
10,259
24,675
$ 45,755
$ 197,932
$51,962
153,463
$ 403,357
$ 27,079
Contingency
$ 605,783
$ 42,682
ng Segment Expense
$648,465
Funding
Other Agency
Federal
State
Local
Segment Funding
Source: Third Street Light Rail Program Budget Funding Plan
($ Thousands)
$ 26,420
75,235
215,070
331,740
$648,465
ENCLOSURE 3
CONTRACT MODIFICATION NO. 43
San Francisco Municipal Railway Contract No. MR-1142
THIRD STREET LIGHT RAIL TRANSIT – 22ND STREET TO JERROLD AVENUE
Segment – C
Contractor:
Page: 1 of 2
Mitchell Engineering – Obayashi Corporation, A Joint Venture
P.O. Box 34399
San Francisco, CA 94143
The Contract is hereby modified as follows:
1.
Compensate the Contractor for inefficiencies and loss of productivity incurred while
performing Waste Handling, Trackwork, Bridge work, Roadway work, and Water
work due to Differing Site Conditions, Design Revisions, and Re-Sequencing.
Lump Sum,
$2,650,000.00
CM 43 Inefficiency and loss of productivity costs for Waste
Handling, Trackwork, Bridge Work, Roadway Work, and
Water Work
Lump Sum
$2,650,000.00
Total Amount of this Contract Modification:
Increase,
$2,650,000,00
Previous Total of Contract:
$49,105,334.00
New Revised Total of Contract:
$51,755,334.00
2. Add the following new Contract Pay Items:
Total Contract Time added by this Contract Modification: None
Previous Contract Completion Date:
August 6, 2005
New Revised Contract Completion Date:
August 6, 2005
3. All work is to be performed in accordance with the plans, specifications and requirements
of the Contract, as amended and as directed by the City’s Resident Engineer.
4. This Modification is made in accordance with Article 75 of the Contract General
5. Provisions.
Except as provided herein all previous terms and conditions of the Contract remain
unchanged.
CONTRACT
MODIFICATION NO. 43
Contract No. MR-1142
Page: 2 of 2
8. The City's payment of Contractor’s costs for inefficiencies and loss of productivity
described above is a full, complete, and compromise settlement of any and all costs
incurred by the Contractor (including mark-up associated with those costs) in its direct
performance of the Work.
The impacts of the Additional Work to the Contract are not known at this time. Contractor
reserves the right to submit a certified claim for all impacts under section 98.B of the
General Provisions.
MITCHELL ENGINEERING/ CITY AND COUNTY OF SAN FRANCISCO
OBAYASHI CORPORATION, JV
By:__________________________
Signature
___________
By: _____________________
Date
_______
Signature
Curtis F. Mitchell
Date
Nathaniel P. Ford, Sr.
Managing Partner
Executive Director / CEO MTA
MTA Board of Directors
Resolution No. ____________________
Adopted _________________________
Attest:
By:
_____________________
_______
Signature
Date
Roberta Boomer, Secretary
APPROVED AS TO FORM:
Dennis J. Herrera, City Attorney
By: ___________________
__________
Signature
Date
Robert K. Stone, Deputy City Attorney
Deputy City Attorney
THIS PRINT COVERS CALENDAR ITEM NO. 25
SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY
City and County of San Francisco
DIVISION: Finance and Administration
BRIEF DESCRIPTION:
Authorizing the Executive Director/CEO to enter into negotiations for a new Transit Shelter
Advertising Agreement based on the results of an extensive bidding and selection process, with
the highest-ranked compliant proposer, Clear Channel Outdoor, Inc.
SUMMARY:
 The City entered into an Advertising Transit Shelter Agreement in 1987 with a term of 15
years. The Agreement was extended twice by both the SFMTA Board and the Board of
Supervisors, to December 9, 2007.
 On January 16, 2007, the SFMTA Board adopted Resolution No. 07-011, authorizing a
Request for Proposals (RFP) for a new Advertising Transit Shelter Agreement.
 The RFP was issued on February 1, 2007 and four proposers responded – Blue Horizon
Group; CBS/Decaux, a joint venture; Cemusa; and Clear Channel Outdoor, Inc. However,
Blue Horizon Group did not meet the mandatory minimum qualifications, so its proposal was
rejected.
 A Selection Panel reviewed the responses, conducted oral interviews, and after a thorough
evaluation process, ranked Clear Channel Outdoor, Inc. as the top bidder. Afterwards, the
Offers of Compensation from these three bidders were unsealed and reviewed and
CBS/Decaux was found to be unresponsive.
 It is recommended that the SFMTA Board authorize the Executive Director/CEO to begin
negotiations for a new Transit Shelter Advertising Agreement with the highest-ranked
compliant proposer, Clear Channel Outdoor, Inc., which, if successful, will be submitted to
the SFMTA Board, the Port Commission, and the Board of Supervisors for final approval.
 Also included as an exhibit to this document is the financial analysis comparing out-sourcing
versus performing services in-house which has been reviewed by the Controller’s Office.
ENCLOSURES (Listed numerically and by title):
1. Resolution
2. Selection Committee Report
3. Financial Analysis Comparing Out-Sourcing Versus Performing Services In-House
APPROVALS:
DATE
DIRECTOR OF DIVISION: ____________________________________
FINANCE:
EXECUTIVE DIRECTOR/CEO:
SECRETARY:
ADOPTED RESOLUTION TO BE RETURNED TO: Kerstin Magary, Senior Project Manager,
Finance & Admin
ASSIGNED MTAB CALENDAR DATE:
PAGE 2
EXPLANATION:
Background
The City and Gannett Outdoor Company, Inc. of Northern California entered into the current
Advertising Transit Shelter Agreement (“Agreement”) on June 10, 1987. The Agreement had an
original term of 15 years and has been amended four times. In January 1997, the City approved
the Third Amendment to the Agreement, which extended the Agreement by five years because of
the Contractor’s capital contribution for the high-level platforms of the Muni Metro Extension
and design and installation of the F-Line shelters. The Fourth Amendment, approved in
November 2006, extended the Agreement to December 9, 2007. The contract has been assigned
various times throughout its history, most recently to Viacom Outdoor, which changed its name
to CBS Outdoor.
Request for Proposals
On January 16, 2007, the SFMTA Board adopted Resolution No. 07-011, which authorized the
issuance of a Request for Proposals (RFP) for a new Advertising Transit Shelter Agreement.
The SFMTA issued four addenda prior to receiving proposals. Following is a discussion of the
major provisions of the RFP including the addenda:
Minimum Requirements for Proposers:
 The proposer, its key management team, and each of its subcontractors must have had at
least three years experience in selling advertising and building and maintaining
advertising transit shelters or street furniture in major metropolitan markets;
 The proposer must have had advertising contracts in three cities that have transit systems
serving at least 250,000 patrons a day within the last five years;
 The proposer must have had a corporate net worth of at least $50,000,000 for the last
three years.
Payments:
 The RFP required the bidders to propose a percentage of gross revenues from advertising,
which would be payable if it exceeds the specified minimum annual guarantee (MAG).
In order to fairly compare the percentage, the bidders were asked to propose with an
underlying set of assumptions.
 The MAG was established at $3,500,000 for the first five years of the contract,
$6,500,000 for years 6-10, $10,000,000 for years 11-15, and $15,000,000 for years 16-20
(with intermediate annual escalations of five percent during each five year window).
SFMTA will pay the Port a pro rata portion of the revenues for commercial ad frames on
shelters within the Port’s jurisdiction
 In addition, the RFP required that the proposers commit to pay the SFMTA $4,000,000
prior to the effective date of the Agreement. Additionally, bidders are required to pay
$500,000 per year in administrative fees, $265,000 in marketing fees and $265,000 per
year for the Arts Commission. All these fees will escalate annually according to the Bay
Area CPI.
PAGE 3
Term:
 The sample contract specifies a 15-year term, with one five-year option to extend.
However, the SFMTA reserved the right to negotiate a shorter or longer term with the
winning proposer. The SFMTA also requested alternative compensation proposals from
each proposer for 10-year, 15-year and 20-year terms.
Rights Granted:
 The contractor will have the exclusive right to sell print advertising on transit shelters,
kiosks, high-level boarding platforms, and certain low-level boarding platforms in the
City, including on property under the jurisdiction of the Port.
 The contract will also allow the contractor to advertise on property under the jurisdiction
of other public entities (e.g., Presidio, Treasure Island), subject to an authorizing
agreement between the City and the public entity.
Advertising Content:
 The contractor will be required to comply with the provisions of the SFMTA Advertising
Policy.
Design of New Shelters and Kiosks:
 As part of the RFP, proposers were required to present six proposed designs for shelters
(three commercial, three non-commercial, including modular components) in order to
evaluate the best designs representing the uniqueness of the different City neighborhoods.
Proposers were required to display the models at City Hall and provide pictures of the
models for the SFMTA website to solicit public feedback on the designs;

The final shelter and kiosk designs, which must be approved by the Arts Commission,
will be negotiated after award of the contract based on the initial designs submitted by the
winning bidder and incorporating the feedback from the public. The new designs will be
phased in during the first five years of the contract;

The final Agreement will require the winning bidder to replace a minimum of 1,100 and a
maximum of 1,500 transit shelters as well as a maximum of 150 kiosks. Shelters will be
installed at a ratio of two commercial to one non-commercial shelter. The number of
shelters is not guaranteed and are subject to the final recommendations from the Transit
Effectiveness Program;

Features of the Shelters will include:
 NextMuni technology, including a Push-to-Talk feature for people who have visual
disabilities ;
 Use of solar power and other “green” features to the extent feasible;
 Use of universal design and accessibility features.
Other Design Options:
 Providing designs for a canopy over escalators to Market Street stations and other street
furniture such as planters (implementation would be subject to BART and various City
approvals);
 Providing designs for coordinated street furniture.
PAGE 4
Maintenance and Repair Responsibilities:
 Maintaining and repairing all contractor-owned transit shelters and kiosks on sidewalks
and low-level boarding platforms;
 Maintaining high-level boarding platforms (repairing these platforms was an optional
service as this functionality is not part of the current Contractor’s responsibility);
 Relocating shelters as necessary as requested;
 Providing hardware and software for a computerized GIS-based inventory system of the
shelters with database, mapping, and graphic capabilities for recording the location, type,
design, and features of all installed shelters and kiosks;
 Maintaining an on-line state-of-the art reporting database of its activities and costs;
tracking and responding to all service related calls, including any from the City’s 311
system; and providing monthly reports
Bicycle-Sharing Program:
 The SFMTA required the proposers to submit a Bicycle-Sharing Program with the
understanding that the SFMA reserves the right to negotiate with the contractor to
implement a Bicycle-Sharing Program after completion of environmental review of the
City's Bicycle Plan.
Optional Submittals in the RFP:
 The Proposers were required to provide the following information, which the SFMTA, in its
sole discretion, may elect to negotiate with the winning proposer. The costs of these items
were not factored into the evaluation of the proposals.
o The annual time and materials costs of maintenance and repair of low-level boarding
platforms over the life of the contract, broken down by type of expense;
o The annual time and materials costs of repair and/or replacement of elements of
high-level boarding platforms and F-Line and future E-Line low-level boarding
platform not named in Attachment 2, Exhibit H (e.g., replacement of railings if
damaged in accident).
 Proposers could elect, but were not required, to provide proposals for any combination or
all of the service/design options listed below, which are subject to negotiations:
o One or more design proposals with estimated costs for integrating traffic signal
control boxes into shelter design, or alternatively, of installing underground utility
boxes for traffic signal control equipment in conjunction with installation of some
shelters and/or kiosks;
o Design proposals and estimated costs for providing new bus stop signs on
approximately 1,000 existing poles, and signs and new poles at approximately 2,000
stops to be phased in over 10 years;
o Design proposals and estimated costs of providing LED light on signs and shelters
so that passengers can signal transit operators to stop for them;
o Design proposals and estimated costs for design, installation and maintenance of
canopies over subway entrances;
o Any other creative proposals for additional services, designs, advertising, etc. that
would increase or enhance efficiencies, revenues, service levels or design features
related to this proposed agreement.
PAGE 5
Performance Requirements and Security:
 The sample contract in the RFP contemplates liquidated damages ranging from $500/day to
$1,000/day depending on the nature and severity of the failure to provide specified levels
of services.
 The RFP also required the proposers to commit to providing a performance bond and
letter of credit in the following amounts:
o A performance bond of $10,000,000 for the first 10 years of the contract,
increased to $20,000,000 for duration of the Contract if the final negotiated term
in the new Agreement is greater than 10 years or if any option to extend is
exercised by SFMTA;
o A $2,000,000 letter of credit through year 10; raised to $4,000,000 for years 1115, and $6,000,000 for years 16-20 depending on the final terms of the negotiated
new Agreement.
Evaluation Process
Scoring Criteria:
 The selection of the winning bidder was based on the following criteria, with a maximum of
200 points available for scoring:
o Experience – 25 points
o Organization and Management Approach – 25 points (based on proposer’s work
plan for addressing the requirements of this contract, including staffing,
maintenance, quality control, customer service, etc.)
o Offer of Compensation – 70 points (must meet minimum MAG to be considered
responsive, highest offer gets 70 points, lower offers receive proportional number
of points);
o Shelter Design, including Technical Aspects of Design – 60 points;
o Optional submittals – 20 points.
Selection Process:
 In compliance with SFMTA policy, the SFMTA designated one contact person, Gail Stein,
for all communications concerning the RFP (and Ms. Stein will continue to serve in this role
until all three policy bodies approve the final new Agreement).
 A Selection Committee and Technical Advisory Team, made up of a cross-section of
SFMTA and City staff, were asked to sign Confidentiality Statements prior to participating
in the selection process. Additionally, a pre-meeting was held with the Selection Committee
and Technical Advisory Team to review the project, the process and their roles and to
answer any questions.
 The selection process was conducted in three steps and each step was scored separately by
members of the Technical Advisory Team and Selection Committee and the entire process
and score tallying was managed by the SFMTA Contract Compliance Unit:
o Step 1: Shelter Designs and Optional Submittals were scored (80 points)
o Step 2: Experience and Organization and Management Approach were scored (50
points)
o Step 3: Offer of Compensation were scored (70 points)
o Following is a chronology of the selection process. A detailed explanation of the
Selection Process is contained in the Selection Committee Report in Appendix A
enclosed with this calendar item. February 2, 2007: SFMTA staff issued the
RFP; it was also posted on the City website.
o February 13, 2007: SFMTA held a pre-proposal conference.
o April 23, 2007: SFMTA received three proposals – from CBS Outdoor/Decaux;
Clear Cemusa; and Clear Channel Outdoor, Inc. A fourth firm, Blue Horizon
Group, asked for an extension of the deadline for the reason that it could not get
its proposals signed in time—the SFMTA denied that request.
o April 26, 2007: SFMTA rejected all proposals as they were all deemed noncompliant, but sent letters and deficiency notices to each proposer. In the
deficiency notices, the SFMTA outlined the specific issues for each bidder that
made its submission non-compliant. Additionally, Blue Horizon Group was
allowed to submit its proposal. Missing information was due by April 30, 2007,
and revised offers of compensation were due by May 4, 2007.
o April 30, 2007: SFMTA received missing information from CBS/Decaux,
Clear Channel Outdoor, Inc. and Cemusa, as well as a proposal from Blue
Horizon Group. SFMTA determined that the missing information submitted
was adequate.
o May 1, 2007: SFMTA notified Blue Horizon Group that it did not meet the
minimum qualifications and its proposal was non-responsive. (Blue Horizon
Group subsequently appealed this determination, but the SFMTA denied the
appeal given the failure of this bidder to demonstrate its ability to meet the
mandatory minimum qualifications.)
o May 4, 2007: CBS/Decaux, Clear Channel Outdoor, Inc., and Cemusa submit
sealed revised Offers of Compensation.
o May 7-9, 2007: The SFMTA Selection Committee and Technical Advisory
Team held oral interviews with the three responsive proposers.
o May 10-11, 2007: The SFMTA displayed the transit shelter models provided by
the three responsive proposers in City Hall and accepted written comments from
the public.
o May 14 – June 8, 2007: The SFMTA posted photo images of the transit shelters
on its website, constructed to allow for on-line public comment. The SFMTA
received hundreds of public comments, which will be considered in negotiating
the final design of the shelters.
o May 29, 2007: The SFMTA displayed the transit shelter models for its
Citizens’ Advisory Council.
o June 11-12, 2007: The Offers of Compensation submitted by the three bidders
were reviewed. Cemusa submitted one compliant Offer of Compensation and
one non-compliant offer of compensation. SFMTA only considered the
compliant cost proposal. CBS/Decaux's Offer of Compensation was found to be
non-responsive for the following reasons:
 In the April 26, 2007 letter to CBS/Decaux, SFMTA informed this
bidder that its original submission included improper
assumptions/exceptions. The bidder was directed to assume the
following:
1. Assume the minimum number of shelters (1,100), which
includes low level platforms that have shelters (e.g., Exhibits
B-1, B-2, and F);
2. Assume the existing number of kiosks (39);
3. Assume the most expensive design of shelters (the proposer's
cost proposal included one design collection, and the proposer
advised that other design collections proposed would cost more
and thereby reduce the Minimum Annual Guarantee);
4. Assume compliance with all requirements of the Sample
Contract (e.g., Sec. 8.1.1 (up to six new master designs during
the term of the contract); 18.10.2 (payment of possessory
interest tax).
5. Do not assume types of advertising or other provisions that are
not included in the sample contract (e.g., scrollers) or that
locations of shelters and kiosks will be guaranteed or remain
constant throughout the term of the contract (see Sec. 4.3.1).
The revised proposal submitted by this bidder on May 4, 2007 failed to
comply with the requirements in the RFP and the provisions set out in
the April 26, 2007 letter in the Offer of Compensation. The main
reasons for non-compliance are:
1. Did not assume the most expensive shelter design;
2. Did not assume six new master designs would be available
without additional cost (assumed one design would be
available, and offered to provide two more design collections
at comparable cost, but did not submit any such designs);
3. Assumed additional costs for push-to-talk features, which
were a minimum design specification.
By offering designs to the City that, if chosen, could result in reducing
the MAG below the minimum, CBS/Decaux did not comply with the
RFP, which states as follows: "Any proposal that does not meet the
MAG will be deemed non-responsive."
o June 15, 2007: The SFMTA notified the three remaining proposers of the
results of the selection process and their status and of the intention to seek
authority from this Board on June 19, 2007 to negotiate a contract with the
winning proposer.
Financial Analysis Comparing Out-Sourcing Versus Performing Services In-House
Enclosure 3 compares the financial impacts of out-sourcing advertising and maintenance functions
related to transit shelters compared to performing these services by City departments. The
Controller has reviewed the information.
Recommendation
Staff recommends that the SFMTA Board authorize the Executive Director/CEO to enter into
negotiations for a new Advertising Transit Shelter Agreement based on the results of an extensive
bidding and selection process, with the highest-ranked compliant proposer, Clear Channel Outdoor,
PAGE 8
Inc. The final negotiated agreement, if successful, will require approval by the MTA Board, the
Port Commission, and the Board of Supervisors.
The City Attorney's Office and the Contract Compliance Office have reviewed this Calendar Item.
MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
CITY AND COUNTY OF SAN FRANCISCO
RESOLUTION No. ______________________
WHEREAS, The City entered into a Transit Shelter Advertising Agreement in 1987, which is due to
expire in December 2007; and
WHEREAS, On January 16, 2007, the MTA Board adopted Resolution No. 07-011, which authorized the
Municipal Transportation Agency (SFMTA) to advertise a Request for Proposals (RFP) for a new Advertising
Transit Shelter Agreement; and
WHEREAS, The SFMTA issued the RFP on February 2, 2007, and on April 23, 2007, received proposals
from three proposers – CBS / Decaux, a joint venture; Cemusa; and Clear Channel Outdoor, Inc.; and
WHEREAS, The initial proposals were missing information and/or included inappropriate
assumptions/exceptions, so the SFMTA tentatively rejected them and gave all proposers until April 30, 2007 to
submit missing information and until May 4, 2007 to submit revised Offers of Compensation; and
WHEREAS, The SFMTA allowed Blue Horizon Group to submit a proposal by April 30, 2007, but
rejected the proposal for failure to meet the mandatory minimum qualifications and provide other required
information; and
WHEREAS, CBS/Decaux, Cemusa and Clear Channel Outdoor, Inc. submitted the required missing
information by April 30, 2007 and were allowed to proceed to the oral interview stage of the selection process;
and
WHEREAS, CBS/Decaux, Cemusa and Clear Channel Outdoor, Inc. submitted revised sealed Offers of
Compensation by May 4, 2007, which were not opened until after scoring of the written proposals and oral
presentations had been completed; and
WHEREAS, The SFMTA convened a Selection Committee and Technical Advisory Team, which
reviewed the three remaining proposals, conducted oral interviews, and after a thorough evaluation, ranked Clear
Channel Outdoor, Inc. highest overall; and
WHEREAS, When SFMTA opened CBS /Decaux's revised Offer of Compensation, SFMTA determined
that it contained improper assumptions/exceptions and therefore was non-responsive; and
WHEREAS, The Executive Director/CEO has reviewed the work of the Selection Committee and
recommends that the Board authorize the Executive Director/CEO to enter into negotiations for a new Transit
Shelter Advertising Agreement with the highest-ranked compliant proposer, Clear Channel Outdoor, Inc., which
will be brought to this Board for approval if negotiations are successful; now, therefore, be it
RESOLVED, That the SFMTA Board of Directors authorizes the Executive Director/CEO to enter into
negotiations for a new Transit Shelter Advertising Agreement with the highest-ranked compliant proposer,
Clear Channel Outdoor, Inc.
I certify that the foregoing resolution was adopted by the Municipal Transportation Agency Board of Directors
at its meeting of ___________________________.
________________________________________
Secretary, Municipal Transportation Agency Board
Sub-Total Costs
Number of
Positions
Multiplier (inc.
Labor & OH:
MTA = 294%
DPW = 248.18%
Salary x % Time
Salary
% Time on
Shelters: All
100% (Unless
Otherwise
Specified)
Job Classifi-cation
Enclosure 3: Financial Analysis Comparing Out-Sourcing Versus Performing Services In-House
ESTIMATED COST OF SFMTA & CCSF WORK ON TRANSIT SHELTERS & PLATFORMS: MANAGE, DESIGN, BUILD,
MAINTAIN,
REPAIR + SELL ADVERTISING
Estimated Annual Cost
SFMTA & DPW Labor,
Materials, & Trucks to
Design, Build, Maintain,
Repair 1,250 Shelters &
36 Kiosks + Manage &
Sell Ads Nationwide
Manage Transit Shelters
& Kiosks + Advertising
SFMTA Sr. Project
$
$
$
$
Manager: Manage
5506
20% 168,168
33,634
98,883
1 98,883
Program
SFMTA Principal
$
$
$
$
Administrative Analyst:
1824
60% 104,936
62,962
181,959
1 181,959
Administer program
SFMTA Transit Planner
IV: Coordinate shelter
$
$
$
$
design, hearings, permits,
5290
50%
111,774
55,887
161,513
1
161,513
installation
SFMTA Manage Install,
Maintain, Repair up to
1,250 Shelters, 36 Kiosks,
$
Low & High Level
442,355
Platforms
Advertising
$
$
$
$
Manager V: supervise &
0933
100% 138,970
138,970
401,623
1 401,623
manage ad sales
Sub-Total Costs
$
3 909,795
$
100,000
$
1,411,418
Number of
Positions
Multiplier (inc.
Labor & OH:
MTA = 294%
DPW = 248.18%
$
303,265
Salary x % Time
$
104,936
Salary
$
100% 104,936
% Time on
Shelters: All
100% (Unless
Otherwise
Specified)
On
level
w/
1824
Job Classifi-cation
nationwide for 1,250
shelters + 36 kiosks
New positions: MTA
Advertising Salespersons:
3 to sell ads for 1,250
shelters & kiosks
nationwide (estimate
position would be on level
w/ 1824)
Estimate for travel for
nationwide ad sales
Sub-Total MTA
Advertising
Estimated Annual Cost
SFMTA & DPW Labor,
Materials, & Trucks to
Design, Build, Maintain,
Repair 1,250 Shelters &
36 Kiosks + Manage &
Sell Ads Nationwide
Sub-Total MTA
Management &
Advertising Year 1
CCSF/SFMTA Buy,
Design, Build, Maintain,
Repair 1,120 - 1,500
Transit Shelters & Kiosks
Purchase 1,120 shelters &
36 kiosks from CBS
Outdoor per agreed upon
value as of 1/12/07
between MTA and CBS
Outdoor
$
1,853,774
$
3,500,000
MTA Work Order to
CCSF 311 Center for
fulltime 311 Customer
Service Agent (inc. 30%
OH)
MTA Work Order to
DPW for Senior
Architect, Bureau
Architecture: Shelter
Designs Through
Planning, Arts
Commission, Port,
SFMTA
Superintendent Building
& Grounds: Manage
crews and report on
program weekly, monthly
Building & Grounds
Supervisors: 3 (1 per 5
crews): supervise 15
crews which install,
maintain, repair shelters
& kiosks
Laborers: 30 (2 person
crew x 15 crews) which
build, maintain, repair in
15 zones
Sheet Metal Supervisor
II: 1
Sheet Metal Supervisor I:
1
Sheet Workers: 3
$
80,140
5270
$
33% 139,282
$
45,963
$
132,833
7120
$
100% 103,480
$
103,480
$
256,817
$
1 256,817
7203
100%
$
219,520
$
3 658,561
$
139,120
$
67,850
$
249,912
$
223,263
$
30 4,173,593
$
1 67,850
$
1 249,912
$
3 669,788
7514
7247
9345
7376
$ $
88,452 88,452
$
100% 56,056
$
25% 109,356
$
100% 100,698
$
100% 89,960
$
56,056
$
27,339
$
100,698
$
89,960
$
1
$
132,833
7276
Electric Supervisor I: 1
7238
Electricians: 2
Cement Mason
Supervisor II: 1
Cement Mason
Supervisor I: 1
7345
7227
$
25% 108,888
$
100% 97,760
$
100% 86,502
$
25% 91,520
$
100% 86,320
Cement Masons: 4
7311
100%
Painter Supervisor II: 1
7278
25%
Painter Supervisor I: 1
7242
100%
Painters: 3
Labor to build, maintain,
repair shelters & kiosks
Maintenance & repair
materials for up to 1,250
7346
100%
7211
Salary
$
27,222
$
97,760
$
86,502
$
27,339
$
86,320
$ $
68,146 68,146
$
$
89,076
22,269
$
$
84,838
84,838
$
$
70,876
70,876
$
67,560
$
242,621
$
214,681
$
67,850
$
214,229
$
169,125
$
55,267
$
210,551
$
175,900
$
1 67,560
$
1 242,621
$
2 429,361
$
1 67,850
$
1 214,229
$
4 676,499
$
1 55,267
$
1 210,551
$
3 527,700
$
9,788,331
$
200,000
Sub-Total Costs
Electric Supervisor II: 1
$
1 235,716
$
4 771,482
Number of
Positions
7326
$
235,716
$
192,871
Multiplier (inc.
Labor & OH:
MTA = 294%
DPW = 248.18%
Glaziers: 4
Estimated Annual Cost
SFMTA & DPW Labor,
Materials, & Trucks to
Design, Build, Maintain,
Repair 1,250 Shelters &
36 Kiosks + Manage &
Sell Ads Nationwide
% Time on
Shelters: All
100% (Unless
Otherwise
Specified)
7233
Job Classifi-cation
Glazier Supervisor I: 1
$
94,978
$
77,714
Salary x % Time
$
100% 94,978
$
100% 77,714
shelters + 36 kiosks:
average $200,000/year
Vehicles: 27 trucks x
$0.445/mile x 50
miles/day/truck x 220
$
days/year
132,165
Replace 1,130 shelters &
36 kiosks: average
$25,000 per shelter/kiosk
x 250 shelters/kiosks/year
$
x 5 years
6,250,000
Subtotal: Design, build,
maintain, repair shelters
$
& kiosks
16,370,496
Estimated Total Year 1: Manage, Advertise,
Buy, Design, Build, Maintain, Repair 1,120$
1,500 Shelters & Kiosks
21,724,270
Estimated Total Year 2: ($21,724,270 $
$3,500,000 = $18,224,270 + 3.6% CPI
18,880,344
Sources: CCSF HR Labor Rates. SFMTA Finance: SFMTA OH Rates, per 10/31/06 OH Rates Study. DPW & 311 labor
& OH rates, 12/18/06 & 12/22/06.
Enclosure 3: Financial Analysis Comparing Out-Sourcing Versus Performing Services In-House
Estimated Costs Based on Current Contractor's Cost for Annual Maintenance and Repair
Costs
Cost Element
Labor Cost
Average
Monthly
Payments
No. of
Mont
hs
Annual Cost
$
3,333.34
12
$
40,000.08
$
5,416.67
12
$
65,000.04
$
$
$
336,960.00
101,088.00
543,048.12
$
2,051,416.08
$
2,594,464.20
$
200,040.00
$
612,000.00
$
$
$
108,000.00
216,000.00
936,000.00
Vehicles
20 trucks x $0.445/mile x 50 miles/day/truck x 220
days/year.
$
97,900.00
Total Estimated Annual Cost
$ 3,828,404.20
Contractor Vice President
1/3 of $120K annual salary
Maintenance Supervisor
Annual Salary-Full time $65,000.00
9 Transit Workers at $18 per hour for a total of 2080
annual hours
30% benefits of $336,960
Total Contractor Labor Cost
Subcontractors' Labor Costs
29 FT Employees and 12 PT Employees
$170,951.3
4
12
Total Labor Cost
Material Cost
Glass, ad can door, etc
Rent
Berkeley Shop and Office= 34,000 SF at $18.00 per
SF
Maintenance Shops in SF = 6000 SF at $18.00 per
SF
Sales Office in SF= 12,000 SF at $18 per SF
Total Rent
$
16,670.00
12
SELECTION COMMITTEE REPORT
TRANSIT SHELTER ADVERTISING AGREEMENT
REQUEST FOR PROPOSALS
JUNE 2007
Prepared by:
________________________________________
Gail Stein
Committee Facilitator
Approved by:
_________________________________________
Kerstin Manager
Senior Project Manager
Approved by:
_________________________________________
Sonali Bose
Director of Finance/CFO
Approved by:
_________________________________________
Nathaniel P. Ford, Sr.
Executive Director/CEO
Municipal Transportation Agency
TABLE OF CONTENTS
SECTION
PAGE NO.
I.
INTRODUCTION
..........................................................................................................
II.
PROJECT DESCRIPTION
III.
SELECTION PROCESS CHRONOLOGY
....................................................................
2
IV.
SELECTION COMMITTEE AND TECHNICAL ADVISORY TEAM MEMBERS .....
2
V.
RECOMMENDATIONS
6
............................................................................................
................................................................................................
LIST OF ATTACHMENTS
Appendix A
OFFICIAL ADVERTISEMENT
Appendix B
REQUEST FOR PROPOSALS (w/o exhibits)
Appendix C
LIST OF TRANSIT SHELTER ADVERTISING FIRMS
AND CONTACTS
Appendix D
SCORING CRITERIA USED FOR INTERVIEW
Appendix E
STRENGTHS AND WEAKNESSES
Appendix F
SUMMARY OF SCORES
Appendix G
APPROVAL OF SCORES
1
2
I.
INTRODUCTION
Summary
The Selection Committee and Technical Advisory Team have completed the evaluation
of firms responding to the Request for Proposals for the new Transit Shelter Advertising
Agreement.
On January 16, 2007, the MTA Board of Directors adopted Resolution No. 07-011, which
authorized the Executive Director/CEO to advertise a Request for Proposals (“RFP”) for a
new Transit Shelter Advertising Agreement. On February 2, 2007, the SFMTA advertised
the RFP. The official advertisement and the Request for Proposals are attached to this report
as Appendix A and B, respectively.
Following the advertisement, staff received responsive proposals from the following firms:
 CBS Outdoor/JCDecaux, a joint venture
 Cemusa
 Clear Channel Outdoor, Inc.
These three firms were invited to make oral presentations before the Selection Committee and
the Technical Advisory Team. The Technical Advisory Team scored the proposals on the
aesthetic and technical aspects of the design, including maintainability, durability, and
sustainability, and on the optional designs. The Technical Advisory Team submitted its
recommendation to the Selection Committee, who reviewed the recommendation and
independently scored the proposers on experience and the management approach. See sample
score sheets, attached as Appendix D.
Recommendation
Based on evaluations of all of the proposals received, oral presentations, and discussions of
the relative strengths and weaknesses of the firms who submitted proposals, the Selection
Committee, with input from the Technical Advisory Team, recommends the following firm,
who received the overall highest ranking:
Clear Channel Outdoor, Inc.
This report summarizes the process that was followed by the Selection Committee and
the Technical Advisory Team to arrive at this recommendation.
II.
PROJECT DESCRIPTION
The purpose of the project is to select a new advertising transit shelter contractor. The
contractor shall have the exclusive right to sell space for print advertising to advertisers on
transit shelters, kiosks, and high- and low-level boarding platforms. In exchange, the
contractor would be responsible for designing, obtaining approvals for, and constructing up
to 1500 new transit shelters, relocating existing transit shelters as necessary, and maintaining
transit shelters, boarding platforms and kiosks. Optional design/service obligations could
include implementing a bicycle-sharing program, providing LED lights on signs and shelters,
providing new bus signs, installing and maintaining canopies over subway entrances and
installing traffic signal control equipment.
III.
SELECTION PROCESS CHRONOLOGY
The key events for the selection process were as follows:
Advertise Request for Proposals
Pre-Proposal Conference
Proposals Due
Interview Responsive Firms
Technical Advisory Team Scores
Selection Committee Scores
Analysis of Financial Compensation Proposals Completed
Contract Compliance Approval of Final Rankings
IV.
February 2, 2007
February 13, 2007
April 23, 2007
May 7-9, 2007
May 9, 2007
May 11, 2007
June 12, 2007
June 12, 2007
SELECTION COMMITTEE AND TECHNICAL ADVISORY TEAM MEMBERS
A.
Request for Proposals
The RFP advertisement (see Appendix A) was sent to Bid and Contract
Opportunities of the City and County of San Francisco Purchasing Department
and posted on the City’s Website until April 23, 2007. In addition, copies of the
RFP (see Appendix B) were distributed to a list of transit shelter advertising firms
and contacts (see Appendix C). Prior to the due date for proposals, SFMTA
issued four addenda to the RFP (see Appendix B), which were distributed to the
same list of firms and contacts and posted on the City’s Website. The addenda
also included responses to questions posed by the proposed bidders.
B.
Submission of Proposals
On April 23, 2007, the MTA received three proposals. After reviewing the
proposals, the MTA determined that they were all deficient in some respect,
particularly with respect to the financial compensation proposals. For example,
proposers had included exceptions or assumptions in their cost proposals which
were not included in the RFP. The MTA tentatively rejected the proposals and
sent deficiency notices to the three proposers on April 26, 2007. The MTA set a
date of April 30, 2007 for the proposers to submit any missing information and
May 4, 2007 for the proposers to submit revised cost proposals. All proposals
met the deadlines for submitting missing information/revised cost proposals.
After reviewing the missing information submitted by the proposers, it was
determined that all three were responsive for purposes of allowing them to attend
the oral interviews and make their oral presentations. The MTA decided not to
open the revised cost proposals until after the presentations were concluded and
the Selection Committee and Technical Advisory Team had completed scoring.
C.
Interviews and Scoring of Responsive Firms
A Selection Committee and Technical Advisory Team composed of a cross-section
of MTA and City staff was asked to convene to review and evaluate the proposals.
All evaluators were required to attest that they had no conflict of interest with any of
the proposers or their teams. They all signed confidentiality statements prior to
participating in the selection process. Additionally, a pre-meeting was held with the
panel members to review the project, the process and their role, and to answer any
questions. On May 7-9, 2007, CBS/Decaux, Cemusa and Clear Channel Outdoor,
Inc. made their oral presentations, followed by questions and answers from the
Selection Committee and Technical Advisory Team.
Present at each of the interviews were the following persons:
Administrative Staff (Non-Voting)
Gail Stein
Kerstin Magary
André Boursse
Committee Facilitator
Senior Project Manager
Manager, Contract Compliance Office
Selection Committee Members (Voting)
Debra Johnson
MTA Chief of Staff, Director of External Affairs
Sonali Bose
MTA Director of Finance/CFO
Jenniffer Hamilton MTA Chief Information Officer/Dir. Information Technology
Bond Yee
MTA Director of Parking and Traffic
Technical Advisory Team Members (Voting)
Jamie Osborne
MTA Accessible Services
Ted Aranas
MTA Ways and Structures
Kylie Grenier
MTA IT Program Manager
Dan Rosen
MTA Transportation Planning and Development
Henry Li
MTA Budget Manager
Marisa Espinosa
MTA Manager, Strategic Policy Initiatives, Office of Chief
of Staff
Scott Broady
MTA DPT Traffic Engineering
Dan Sider
Mayor's Office of Greening
Nancy Gonchar
Interim Director, Arts Commission
Mohammed Nuru
Deputy Director, Department of Public Works
Following each presentation and interview, the Technical Advisory Team
evaluated the strengths and weaknesses of that firm using the criteria shown on
the Technical Advisory Team score sheet in Appendix D. Following all of the
presentations and interviews and the final discussion of strengths and weaknesses,
and based on each firm's proposal and oral presentation, each Technical Advisory
Team member then filled out and signed his or her score sheet for each firm and
gave the forms to the Contract Compliance Officer for final tabulation.
After reviewing each proposal and attending the interviews of each proposer, the
Selection Committee evaluated the strengths and weaknesses of each firm using
the criteria shown on the Selection Committee score sheet in Appendix D. The
Selection Committee also reviewed and accepted the recommendations of the
Technical Advisory Team. Each Selection Committee member then filled out and
signed the score sheet for each firm and gave the forms to the Contract
Compliance Officer for final tabulation.
The Technical Advisory Team and Selection Committee each reached consensus
on the strengths and weaknesses of the three firms in the areas designated for their
respective review. That information was recorded and is shown in Appendix E.
The final scoring of the three firms is shown in Appendix F. The Contract
Compliance Office letter of approval is included in Appendix G.
D.
Offers of Compensation
MTA Finance opened the revised Offers of Compensation and evaluated them on
June 11-12, 2007. MTA Finance determined that only Clear Channel Outdoor,
Inc.'s and Cemusa's Offers of Compensation were responsive. CBS/Decaux's
Offer of Compensation was found to be non-responsive for the following reasons:

In the April 26, 2007 letter to CBS/Decaux, MTA informed this bidder that its
original submission included improper assumptions/exceptions. The bidder
was directed to assume the following:
6. Assume the minimum number of shelters (1,100), which includes low
level platforms that have shelters (e.g., Exhibits B-1, B-2, and F);
7. Assume the existing number of kiosks (39);
8. Assume the most expensive design of shelters (the proposer's cost
proposal included one design collection, and the proposer advised that
other design collections proposed would cost more and thereby reduce
the Minimum Annual Guarantee);
9. Assume compliance with all requirements of the Sample Contract
(e.g., Sec. 8.1.1 (up to six new master designs during the term of the
contract); 18.10.2 (payment of possessory interest tax)).
10. Do not assume types of advertising or other provisions that are not
included in the sample contract (e.g., scrollers) or that locations of
shelters and kiosks will be guaranteed or remain constant throughout
the term of the contract (see Sec. 4.3.1).
The revised proposal submitted by this bidder on May 4, 2007 failed to
comply with the requirements in the RFP and the provisions set out in the
April 26, 2007 letter in the Offer of Compensation. The main reasons for non-
compliance are:
4. Did not assume the most expensive shelter design
5. Did not assume six new master designs would be available without
additional cost (assumed one design would be available, and offered to
provide two more design collections at comparable cost; but did not
submit any such designs);
6. Assumed additional costs for push-to-talk features, which was one of
the minimum design specifications required under the RFP.
By offering designs to the City that, if chosen, could result in reducing the
MAG below the minimum, CBS/Decaux did not comply with the RFP, which
states as follows: "Any proposal that does not meet the MAG will be deemed
non-responsive."
Clear Channel Outdoor, Inc. had the highest Offer of Compensation and was
awarded 70 out of a possible 70 points. Cemusa had the next highest Offer of
Compensation and was awarded 42 points out of 70 points, based on the formula
in the RFP. CBS/Decaux's Offer of Compensation was awarded 0 points, because
it was non-responsive, as discussed above. The value of the Offer of
Compensation was determined by applying the proposer's revenue share
percentage to an estimated revenue stream, and taking the net present value of the
projected revenue amount.
V.
RECOMMENDATION
Based on evaluations of all of the proposals received, oral presentations, and discussions of
the relative strengths and weaknesses of the firms who submitted proposals, the Selection
Committee, with input from the Technical Advisory Team, recommends the following firm
for work on this contract:
Clear Channel Outdoor, Inc.
NOTE:
After award of the contract, all proposals will be available for review at One South
Van Ness Avenue, 7th Floor, Real Estate Section. They will be maintained for two
years, after which they will be discarded except for the selected consultants’ proposal,
which will be maintained as a permanent record.
LIST OF ATTACHMENTS
Appendix A
OFFICIAL ADVERTISEMENT
Appendix B
REQUEST FOR PROPOSALS (w/o exhibits)
Appendix C
LIST OF TRANSIT SHELTER ADVERTISING FIRMS
AND CONTACTS
Appendix D
SCORING CRITERIA USED FOR INTERVIEW
Appendix E
STRENGTHS AND WEAKNESSES
Appendix F
SUMMARY OF SCORES
Appendix G
APPROVAL OF SCORES
APPENDIX A
OFFICIAL ADVERTISEMENT
The City and County of San Francisco (“City”), through its Municipal Transportation
Agency (“SFMTA”), desires to enter into a contract (“contractor”) for the design, supply,
construction, maintenance and repair of transit shelters within the City during the term of this
proposed contract.
The contractor shall have the exclusive right to sell space for print advertising to
advertisers on transit shelters, kiosks, and high- and low-level boarding platforms. Currently,
there are approximately 1120 bus shelters and kiosks, 33 high-level boarding platforms, and 135
low-level boarding platforms. In exchange, the contractor would be responsible for designing,
obtaining approvals for and constructing up to 1500 new transit shelters, relocating existing
transit shelters as necessary, and maintaining transit shelters, boarding platforms and kiosks.
The contract shall be for a term of 10 years, commencing on December 10, 2007, and
ending on December 9, 2017. In addition, there will be two five-year options to extend the
contract. The successor contractor will receive title to the existing shelters from the City.
Proposals and completed forms must be submitted and received by SFMTA by 5:00 p.m. on
March 19, 2007, at the following address:
San Francisco Municipal Transportation Agency (SFMTA)
Real Estate Division
1 South Van Ness Avenue, 7th Floor
San Francisco, California 94103
Attention: Ms. Gail Stein
E-mail: Gail.Stein@sfmta.com
Prospective proposers may obtain the RFP, and additional information on this contract,
including the forms to be submitted with the proposal, at the address given above or by calling Ms.
Gail Stein at 415-701-4327.
Firms submitting proposals are urged to include small businesses, including minorities,
women and disadvantaged businesses, as subconsultants/subcontractors/suppliers for work under
this contract. Written questions concerning participation of disadvantaged/small businesses and
nondiscrimination requirements should be referred to Mr. André Boursse, SFMTA Contract
Compliance Office, 1 South Van Ness Avenue. 3rd Floor, San Francisco, CA 94103; phone:
415-701-4362, fax: 415-701-4347.
See S.F. Human Rights Commission’s website at
www.sfhrc.org for the City's Local Business Enterprise Directory, the Caltrans federally certified
Disadvantaged Business Enterprise database at http://www.dot.cagov/hq/hep/, and the State of
California certified small business database at http://www.pd.dgs.ca.gov/smbus/default.htm.
A pre-proposal conference will be held on February 13, 2007 at 1:00 p.m. at 1 South Van
Ness, 7th Floor, San Francisco, California 94103, to discuss the proposed contract.
The contractor will be required to comply with all applicable City, State, and Federal
laws and regulations, as further described in the RFP and RFP Attachment 2.
The City will ensure that in regard to any contract entered into pursuant to this
advertisement, disadvantaged/local/small business enterprises will be afforded full opportunity to
submit proposals in response to this invitation and will not be discriminated against on the fact or
perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual
orientation, gender identity, domestic partner status, marital status, disability or Acquired
Immune Deficiency Syndrome or HIV status (AIDS/HIV status), weight, height, or association
with members of classes protected under Chapter 12B of the San Francisco Administrative Code.
APPENDIX B
REQUEST FOR PROPOSALS
(w/o exhibits)
OFFICIAL ADVERTISEMENT
The City and County of San Francisco (“City”), through its Municipal Transportation
Agency (“SFMTA”), desires to enter into a contract (“contractor”) for the design, supply,
construction, maintenance and repair of transit shelters within the City during the term of this
proposed contract.
The contractor shall have the exclusive right to sell space for print advertising to
advertisers on transit shelters, kiosks, and high- and low-level boarding platforms. Currently,
there are approximately 1120 bus shelters and kiosks, 33 high-level boarding platforms, and 135
low-level boarding platforms. In exchange, the contractor would be responsible for designing,
obtaining approvals for and constructing up to 1500 new transit shelters, relocating existing
transit shelters as necessary, and maintaining transit shelters, boarding platforms and kiosks.
The contract shall be for a term of 10 years, commencing on December 10, 2007, and
ending on December 9, 2017. In addition, there will be two five-year options to extend the
contract. The successor contractor will receive title to the existing shelters from the City.
Proposals and completed forms must be submitted and received by SFMTA by 5:00 p.m. on
March 19, 2007, at the following address:
San Francisco Municipal Transportation Agency (SFMTA)
Real Estate Division
1 South Van Ness Avenue, 7th Floor
San Francisco, California 94103
Attention: Ms. Gail Stein
E-mail: Gail.Stein@sfmta.com
Prospective proposers may obtain the RFP, and additional information on this contract,
including the forms to be submitted with the proposal, at the address given above or by calling Ms.
Gail Stein at 415-701-4327.
Firms submitting proposals are urged to include small businesses, including minorities,
women and disadvantaged businesses, as subconsultants/subcontractors/suppliers for work under
this contract. Written questions concerning participation of disadvantaged/small businesses and
nondiscrimination requirements should be referred to Mr. André Boursse, SFMTA Contract
Compliance Office, 1 South Van Ness Avenue. 3rd Floor, San Francisco, CA 94103; phone:
415-701-4362, fax: 415-701-4347.
See S.F. Human Rights Commission’s website at
www.sfhrc.org for the City's Local Business Enterprise Directory, the Caltrans federally certified
Disadvantaged Business Enterprise database at http://www.dot.cagov/hq/hep/, and the State of
California certified small business database at http://www.pd.dgs.ca.gov/smbus/default.htm.
A pre-proposal conference will be held on February 13, 2007 at 1:00 p.m. at 1 South Van
Ness, 7th Floor, San Francisco, California 94103, to discuss the proposed contract.
The contractor will be required to comply with all applicable City, State, and Federal
laws and regulations, as further described in the RFP and RFP Attachment 2.
The City will ensure that in regard to any contract entered into pursuant to this
advertisement, disadvantaged/local/small business enterprises will be afforded full opportunity to
submit proposals in response to this invitation and will not be discriminated against on the fact or
perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual
orientation, gender identity, domestic partner status, marital status, disability or Acquired
Immune Deficiency Syndrome or HIV status (AIDS/HIV status), weight, height, or association
with members of classes protected under Chapter 12B of the San Francisco Administrative Code.
City and County of San Francisco
Request for Proposals for
TRANSIT SHELTER ADVERTISING AGREEMENT
DATE: February 1, 2007
Pre-proposal Conference: February 13, 2007, 1:00 p.m.-3:00 p.m.
Deadline For Submission: March 19, 2007, 5:00 p.m.
REQUEST FOR PROPOSALS FOR TRANSIT SHELTER ADVERTISING
TABLE OF CONTENTS
SECTION & TITLE
PAGE
I.
Introduction ................................................................................................................. 1
II.
Scope of Work and Suggested Payments to SFMTA and City ................................. 1
III.
Tentative Schedule ..................................................................................................... 3
IV.
Minimum Qualifications ........................................................................................... 3
V.
Contents of Proposal
3
VI.
Submission of Proposals
11
VII.
Contractor Selection Process
11
VIII.
Evaluation Criteria .................................................................................................... 12
IX.
Contract Award ......................................................................................................... 14
X.
Errors and Omissions in RFP ................................................................................... 14
XI.
Pre-Proposal Conference ......................................................................................... 14
XII.
Questions................................................................................................................... 14
XIII.
Objections to RFP Terms ......................................................................................... 15
XIV.
Addenda to RFP ........................................................................................................ 15
XV.
Revisions to Proposal................................................................................................ 15
XVI.
Term of Proposal ...................................................................................................... 16
XVII. Errors and Omissions in Proposal .......................................................................... 16
XVIII. Financial Responsibility .................................................. ………………..….…….16
XIX. Nondiscrimination Requirements-Small Business Participation..............................16
XX.
Nondiscrimination in City Agreements - Benefits Ordinance .............................. 17
XXI.
Form of Contract....................................................................................................... 18
XXII. San Francisco Sunshine Ordinance........................................................... .......... 18
XXIII.
San Francisco Business Tax Certificate ............................................................ 18
XXIV. Protest Procedures ............................................................................................... 18
XXV. Resource Conservation ........................................................................................ 19
XXVI. Proposers’ Obligation under the Campaign Reform Ordinance .......................... 19
XXVII. Communications Prior to Contract Award..........................................................20
XXVIII. Public Access to Meetings and Records............................................................22
XXVIII. Reservations of Rights by City..........................................................................22
XXIX.
No Waiver.............................................................................................................. 23
Attachment 1
Nondiscrimination Requirements
 SFMTA Form 1 – DBE/LBE/SBE Participation Report
 SFMTA Questionnaire – Nondiscrimination Requirements
 SFMTA Questionnaire on Recruitment, Hiring and Training Practices for
Consultants
 Workforce Data Spreadsheet #1
 Workforce Data Spreadsheet #2
Attachment 2
Sample Agreement with Exhibits
Attachment 3
Business Tax Declaration
Attachment 4
Revenue Proposal Form
Attachment 5
SFMTA Grey Bus Stop Sign Replacement Program Specifications
Attachment 6
Attestation of Compliance
Attachment 7
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters
Attachment 8
Certification Regarding Lobbying
Attachment 9
Service Option For Additional Maintenance And Repair
Attachment 10
Service Option For Traffic Signal Controllers/Cabinet
Attachment 11
Decals for Bus Stop Signs
REQUEST FOR PROPOSALS FOR TRANSIT SHELTER ADVERTISING
I.
INTRODUCTION
The City and County of San Francisco (“City”), through its Municipal Transportation Agency
(“SFMTA"), which operates the San Francisco Municipal Railway (“MUNI”), is requesting
proposals from qualified firms to design, supply, construct and maintain advertising and noncommercial transit shelters on City property during the term of this contract. There are
approximately 1,120 transit shelters and kiosks that were built by the current contractor. The City
will transfer title to the existing shelters and kiosks to the successor contractor.
The firm that is awarded this contract will be required to design and install a minimum of 1,100
and a maximum of 1,500 new shelters, which will be phased in over the first five years of the
contract.
In addition, SFMTA owns 33 high-level boarding platforms, 135 low-level boarding platforms,
and 8 "historic" transit shelters, which the successor contractor will be required to maintain.
Lists of all shelter, kiosk and boarding platform locations are included as Exhibits A, B-1, B-2,
C, D and F to Attachment 2.
The contract shall be for a term of 10 years, commencing on December 10, 2007, and ending on
December 9, 2017. There will be two five-year options to extend the contract.
II.
SCOPE OF WORK AND SUGGESTED PAYMENTS TO SFMTA AND CITY
The contractor shall have the exclusive right to sell print advertising space on transit shelters,
kiosks, and SFMTA boarding platforms. In exchange, the contractor would be responsible for
the following:

Designing new transit shelters, in compliance with the minimum specifications listed in
Section 8.1 of Attachment 2 and the design guidelines provided in Section V.D below.
The new shelter designs will be phased in during the first five years of the contract.

Providing one non-commercial shelter for every two commercial shelters (1: 2 ratio)

Obtaining all City and other approvals required to remove old shelters and install new
shelters.

Maintaining all transit shelters, high-level boarding platforms and kiosks (see Attachment
2, Section 10 and Ex. H-1 to Attachment 2). The contractor will be required to adhere to
strict maintenance requirements, and will be subject to liquidated damages for noncompliance with such requirements. The contractor must create and maintain an Internetbased Inventory, Maintenance and Complaint Database System and must log in this
system all required data on shelter and kiosk inventory, maintenance activities, and
condition complaints and reports. (See Section 9.8 of Attachment 2).

Payment by contractor to SFMTA of:
1. A payment of $4,000,000 upon execution of the Agreement.
2. The greater of a percentage (to be supplied from the contractor's proposal) of
contractor's gross revenues, or a minimum annual guarantee ("MAG") of revenue of
at least $3,500,000 to the SFMTA for the first five years of the contract, $6.5 million
for years 6-10, $10 million for years 11-15, and $15 million for years 16-20 (with
intermediate annual escalations of five percent); and
3. An annual administrative fee; and
4. A fixed sum for two funds under the jurisdiction of the Art Commission (Art on
Market Street Account and the Youth Arts Account) payable on the Effective Date of
the contract.

Relocating transit shelters as necessary
In addition, SFMTA may elect to negotiate additional service Options that are further described
in Section V.F of this RFP, including:
 maintaining and repairing SFMTA's low-level boarding platforms;
 repairing and replacing components of SFMTA’s high level boarding platforms;
 integrating traffic signal control equipment into shelter design or providing
underground traffic signal control equipment access
 designing and replacing bus stop signs on approximately 1000 existing bus stop
poles and installing newly designed signs at approximately 2000 additional stops;
 designing and installing an LED light on bus stop signs and shelters to enable
passengers to make stop requests;
 designing, constructing, and maintaining, subject to approvals by City and the
Bay Area Rapid Transit District, coordinated canopies over subway entrances on
Market Street;
 other designs, features or services suggested by proposers.
This scope of work is a general guide and is not intended to be a complete list of all work
required under the contract. Respondents to this RFP should review the attached sample contract
(Attachment 2) for more details on the requirements of the contract. The contractor shall be
required to execute an agreement substantially similar to Attachment 2.
III.
TENTATIVE SCHEDULE
The tentative schedule for this contract is listed below. SFMTA reserves the right to change the
schedule at any time.
Advertise RFP
Pre-Proposal Conference
Last Day for Submission of Written Questions
Proposals Due
Interview Short-Listed Firms
Negotiations w/Selected Firm
SFMTA Board Approval
February 2, 2007
February 13, 2007
March 6, 2007
March 19, 2007
Week of April 16, 2007
May-July, 2007
August 2007
Port Commission Approval
Board of Supervisors Approval
IV.
August 2007
September-October 2007
MINIMUM QUALIFICATIONS
Responsive proposals must document the proposer's compliance with the following
minimum qualifications:

The proposer, its key management team, and each of its subcontractors must have
at least three years experience in selling advertising and building and maintaining
advertising transit shelters or street furniture in major metropolitan markets.

Within the last five years, the proposer must have had advertising contracts in
three cities that have transit systems serving at least 250,000 patrons a day.

The proposer must have had a corporate net worth of at least $50,000,000 for the
last three years.

The proposer must demonstrate its financial stability by submitting the following:
1. A written commitment to provide a letter of credit in the amount of two
million dollars ($2,000,000). During extensions of the original term of the
agreement, the letter of credit would be required to be increased to four
million dollars ($4,000,000) if the first five-year contract extension is
exercised, and to six million dollars ($6,000,000) if the second 5-year
option is exercised (see Attachment 2, Section 13);
2. Three bank references that will validate the prime firm’s financial
responsibility, including the name and phone number of a bank officer
familiar with the firm’s account;
3. Copies of the prime firm’s financial statements from the last three years,
with profit and loss statements for transit and other outdoor advertising
broken down in detail for major media markets in the United States; and
4. A written commitment to provide a performance bond of ten million
dollars ($10,000,000) for the first ten (10) years of the contract, to be
increased to twenty million dollars ($20,000,000) for the duration of any
contract extension.
V.
CONTENTS OF PROPOSAL
Proposals shall be clear, concise and complete. Partial or complete omission of any required
element of the proposal will disqualify the proposal as non-responsive. The proposal shall total
no more than 30 pages, double-sided. All pages shall be 8-1/2" x 11", minimum size 10 font,
unless otherwise noted in this RFP. Documents requested in subsections E and F of this Section
V, along with team members' references, resumes and other reference materials, shall be placed
in an appendix and will not be counted as part of the 30-page limit. Proposers shall place
required shelter designs and photos in a separate appendix not to exceed 20 pages. Design
documents may not exceed 11" x 14". All documents submitted shall be bound in a binder with
each section separated by tabbed dividers. Tabbed dividers shall be used to separate distinct
documents attached as appendices. Fifteen complete copies of each proposal must be included
with each submittal. See also Section XXV.
A.
Introduction and Executive Summary
Submit a letter of introduction and executive summary of the proposal. The letter must be signed
by a person authorized by your firm to obligate your firm to perform the commitments contained
in the proposal. Submission of the letter will constitute a representation by your firm that your
firm is willing and able to perform the commitments contained in the proposal.
B.
Experience and Qualifications
1.
Provide the full name, address, and phone number of the contact person at the prime
firm, and any subcontractors, of the proposer’s team. For all firms named in the
proposal, provide the type of ownership, number of years each firm has been in
business under the present business name (and any other prior names), and the
number of years of experience managing the construction and maintenance of transit
shelters and the sale and display of advertising services on transit shelters, or the
work for which the firm is listed in the proposal.
2.
Include a description of the proposer’s qualifications and experience, especially as
they relate to the transit shelter advertising services sought in this RFP.
3.
For the prime firm, list all contracts you have had during the last five years for
transit shelter advertising services similar to those described in this RFP. For each
contract, identify the agency, provide the names of individuals and telephone
numbers of contacts at the agency, specify the term (years) of the contract, and the
type of services provided under the contract. These agencies may be contacted as
business references.
4.
For the prime contractor and key subcontractors, name the key personnel who will
have responsibilities for the services proposed. Identify the individual who will be
SFMTA’s single point of contact for this project and will direct, coordinate, and
control the contract (the "Contract Manager"). Proposers shall also designate a
separate Operations/Maintenance Manager. For each of the key personnel, specify
his or her experience and qualifications, proposed project role, years with your firm,
and years of experience in their assigned area of this project. Specify whether any
members of the team have experience in "green" technology and implementation of
universal design and accessibility in shelter design. Include a written assurance that
the key individuals listed will be performing the work and will not be substituted
with other personnel or reassigned to another project without the City's prior
approval.
5.
Attach brief resumes of key personnel assigned to this project for each firm listed.
6.
Specify whether the proposer (or any predecessor in interest) has been involved in
any litigation involving any contract for transit shelter or street furniture advertising
or maintenance services. Describe the nature of the litigation, the parties and the
outcome (judgment, settlement, etc.).
7.
C.
Specify whether a transit agency or municipality has ever terminated the proposer
(or any predecessor in interest) from any contract for transit shelter or street furniture
advertising or maintenance services. State the terminating agency, the date of the
contract and termination, and describe the nature of such termination (for cause, for
convenience).
Organization and Management Approach
1.
Provide an organization chart naming all key personnel participating in the project.
Identify the Contract Manager, the Operations/Maintenance Manager, the person
responsible for sales, and the person responsible for financial matters. Describe how
each of the functions required in Attachment 2 will be managed and staffed. Identify
the relationships between the prime contractor and subcontractors, including the
utilization of DBE firms. Describe how the proposed organization will optimally
provide the services requested in the RFP.
2. Present a work plan for addressing the requirements of this contract, including:
a.
Design of transit shelters and kiosks;
b.
Installation of transit shelters and kiosks;
c.
Maintenance and repair of transit shelters, kiosks, high-and low-level
boarding platforms, and advertising displays, as required by Section 9 of
Attachment 2;
d.
Creation and maintenance of an Internet-based Inventory, Maintenance and
Complaint Database System as required by Section 9.8 of Attachment 2.
3. Present a 52-week maintenance plan, including:
a. Schedule of inspections for structural integrity (footing, seams, welds, loose bolts,
bent/broken frame, leaning structure), and other maintenance and repair issues
(e.g., roof leaks, light bulbs, etched/broken glass).
b. Cleaning schedule and routine, including graffiti removal and removal of paint,
markers, stickers, unauthorized posters, etc.
c.
Plan for minimizing use of maintenance products that contain hazardous
materials and maximizing the use of green cleaning products.
d. Present details of how your firm will staff and manage a quality assurance and
control program, including oversight of subcontractors and vendors.
e. A time line showing elapsed time for advertisement posting, installation,
inspection, removal.
4. Maintaining high quality, aesthetically pleasing advertising displays conforming to
SFMTA's advertising policy.
D.
Design of Shelters
1.
Submit photos or renderings of shelters and kiosks designed for other public
agencies, including shelters designed for areas with narrow sidewalks, hills, or
other areas of unusual topography or site restrictions.
2.
E.
Submit a menu of three new designs for commercial shelters and three new
designs for non-commercial shelters and coordinated kiosk designs (e.g., Market
Street design, bus rapid transit (BRT) design, historic shelter design). The
designs should incorporate the following features:
a.
modular components that would be able to adapt to the varied
neighborhoods of San Francisco;
b.
at a minimum, compliance with the shelter specifications set forth in Section
8 of Attachment 2;
c.
"green technology," including durable building materials, recycled-content
and sustainable building products, and renewable energy; see City
Department of the Environment policies that are posted at
www.sfenvironment.com.
d.
universal design and accessibility features; see
http://www.design.ncsu.edu/cud/about_ud/udprinciples.htm
3.
Submit coordinated designs for bicycle racks and bicycle-sharing stations.
4.
At the oral interview, be prepared to conduct a presentation (e.g., computer
simulation) demonstrating the components and other features of your proposed
designs, including maintainability, durability, and adaptability to City
topographical and other conditions.
Offer of Compensation
All proposals must include an Offer of Compensation, which shall include
o a statement that the proposing firm agrees to make the annual payments described
in Section V.E.1 below; and
o a Revenue Proposal (see Section V.E.2).
The Offer of Compensation must clearly define the total economic value of the proposal, broken
down by year. The Offer of Compensation must be submitted to the City in a separate, sealed
envelope clearly labeled "Offer of Compensation" on a form substantially similar to Attachment
4.
1. Required Payments. The contractor will make the following mandatory payments to
the SFMTA:
a.
b.
c.
One-time up front payment: - $4,000,000 due upon execution of the
Agreement.
Annual Fee for SFMTA administration of contract – $500,000 (to be
escalated annually by the percentage change in the most recently published
calendar year average of the Bay Area CPI)
Annual Payment to Art Commission funds – a single annual contribution
of $265,000 toward the Youth in Art Fund and the Art on Market Street
d.
Fund (to be escalated each year the percentage change in the most recently
published calendar year average of the Bay Area CPI)
Annual Marketing Support -- $200,000 annually (to be escalated each
year the percentage change in the most recently published calendar year
average of the Bay Area CPI)
2.
Revenue Proposal to SFMTA– the contractor will be required to pay SFMTA,
on a monthly basis, the greater of (1) a proposed percentage of gross revenues earned
under the contract or; (2) a Minimum Annual Guarantee ("MAG") (escalated five percent
per year and increased at years 6, 11 and 16), which will not be less than the following
amounts, as shown for the initial term of the contract, plus optional extensions:
Fiscal Year
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
2023-24
2024-25
2025-26
2026-27
Total
MAG
$3,500,000
$3,675,000
$3,858,750
$4,051,688
$4,254,272
$6,500,000
$6,825,000
$7,166,250
$7,524,562
$7,900,791
$10,000,000
$10,500,000
$11,025,000
$11,576,250
$12,155,063
$15,000,000
$15,750,000
$16,537,500
$17,364,375
$18,232,594
$193,397,095
F. Optional Submittals.
Proposers may elect, but are not required, to provide proposals for any combination or all of the
service/design options listed below. The inclusion of any element of this "optional submittal"
section of a proposal will be subject to negotiation. Inclusion of an optional submittal pursuant
to this RFP Section V.F. does not commit the proposer to providing any design or service
discussed in this section of its proposal.
a.
Specify the annual time and materials costs of maintenance and repair of lowlevel boarding platforms over the life of the contract, broken down by type of
expense (see Attachment 2, Ex. F for list of Low-Level Boarding Platforms and
b.
c.
d.
e.
f.
g.
Attachment 9 for description of boarding platform maintenance and repair
standards).
Specify the annual time and materials costs of repair and/or replacement of
elements of high-level boarding platforms and F-Line and future E-Line lowlevel boarding platform not named in Attachment 2, Exhibit H (e.g.,
replacement of railings if damaged in accident). See Attachment 9, paragraph
19.
One or more design proposals with estimated costs for integrating traffic signal
control boxes into shelter design, or alternatively, of installing underground
utility boxes for traffic signal control equipment in conjunction with installation
of some shelters and/or kiosks. (See Attachment 10)
Provide design proposals and estimated costs for providing new bus stop signs
on approximately 1,000 existing poles, and signs and new poles at
approximately 2,000 stops to be phased in over 10 years. (See sign
specifications in RFP Attachment 5.)
Provide design proposals and estimated costs of providing LED light on signs
and shelters so that passengers can signal transit operators to stop for them.
Provide design proposals and estimated costs for design, installation and
maintenance of canopies over subway entrances.
Additional features or services. Provide any other creative proposals for
additional services, designs, advertising, etc. that would increase or enhance
efficiencies, revenues, service levels or design features related to this
Agreement. Any such proposal that would include a financial benefit to the
SFMTA in the form of cost savings or revenue generation should include an
analysis of the estimated benefit as a dollar value on an annual basis.
F. City's Option: Bicycle-Sharing Program
After completion of environmental review of the City's Bicycle Plan, City, in its sole
discretion, may require contractor to implement a bicycle-sharing program (“Program”)
to make bicycles available at key transit stops through a pre-paid option similar to carsharing business models. Bicycle-sharing stations could be incorporated into a transit
shelter design (provided they did not impede access for persons with disabilities and
other patrons) or they could be free-standing. The contractor would be responsible for
the design, installation, acquisition of permits, notice responsibilities, operation of the
Program, and maintenance of the station, either itself, or through a subcontractor.
Contractor would also provide basic bicycles with all equipment required for legal
operation of a bicycle on a public highway, and would be responsible for all maintenance
of the equipment.
Contractor would require bicycle operators to sign a release waiver of any claims against
the City and an agreement to comply with all applicable state and local laws associated
with bicycle riding (helmets, bicycle parking, rules of the road, etc.) before they could
participate in the Program.
The initial phase of the Program would include 10-20 pre-paid bicycle sharing stations
throughout the City, at locations to be identified by the SFMTA.
Proposals must provide the following information:
a.
b.
c.
d.
H.
Proposer’s experience in providing a similar program, the names of clients
and a description of the program;
Sample bicycle-sharing station design(s);
A range of costs per station for the infrastructure installation and maintenance
and a range of cost per station for the service component of the Program; and
Any issues that SFMTA should consider for successful operation of the
Program.
Attestation Statements and Certifications
The proposer and all subcontractors named in a proposal must individually sign
the Attestation Statement and Certifications included herein as Attachments 6, 7 and 8. Any
proposal that does not include the executed Attestation Statement and Certifications as
required by the RFP will be deemed non-responsive and will not be scored. Any proposer
who violates representations made in the Attestation Statement and Certifications, directly or
through an agent, lobbyist or subcontractor will be disqualified from the selection process for
this contract.
I.
Other Required Documents
In addition to the requirements on the content of the proposal discussed above, firms that want to
be considered for this contract must submit the following as part of the appendices to their
proposals. Both the prime contractor and subcontractors will need to submit Items 1-4 listed
below:
1.
2.
3.
4.
5.
6.
VI.
Completed SFMTA Questionnaire on Recruitment, Hiring and Training Practices (RFP
Attachment 1)
A copy of the firm’s Nondiscrimination Program or EEO Policy Statement (if any)
Completed Business Tax Declaration (RFP Attachment 3)
Completed Human Rights Commission HRC-12B-101 Form
(http://www.sfgov.org/site/uploadedfiles/sfhumanrights/forms/12b101.pdf)
If using DBE/LBE/SBE firms as part of your proposal, submit SFMTA Form 1 –
DBE/LBE/SBE Participation Report (RFP Attachment 1)
Completed RFP Attachments 6, 7 and 8 for prime contractor and all subcontracting firms
named in the proposal.
SUBMISSION OF PROPOSALS
Proposals must be received by 5:00 p.m. on March 19, 2007. Postmarks will not be considered
in judging the timeliness of submissions. Proposals may be delivered or mailed to:
San Francisco Municipal Transportation Agency
1 South Van Ness Avenue, 7th Floor
San Francisco, CA 94103
Attention: Gail Stein
Proposers must submit 15 copies of the proposal in a sealed envelope clearly marked Transit
Shelter Advertising RFP to the above location. Proposals that are submitted by fax will not be
accepted. Late submissions will not be considered.
VII.
CONTRACTOR SELECTION PROCESS
A Selection Committee will evaluate the proposals, using the Evaluation Criteria outlined in
Section VIII. All proposers will be invited to make a presentation and participate in an oral
interview that will include detailed discussions of the various elements of their proposals.
SFMTA will provide directions by March 1, 2007 on presentation materials and information for
the oral interview. Those individuals who will actually be assigned to the project shall make
presentations at the oral interview. Firms may be required to submit prior to or at the interview
additional information to clarify their proposals.
The SFMTA will negotiate a contract with the proposer with the highest total score. If SFMTA
is unable to negotiate a contract with the highest-ranked proposer in a reasonable time, the
SFMTA, in its sole discretion, may terminate negotiations with the highest-ranked proposer and
begin contract negotiations with the next highest-ranked proposer. The final Agreement will
have to be approved by the SFMTA Board of Directors, the Port Commission, and the San
Francisco Board of Supervisors.
SFMTA reserves the right to not negotiate with firms and to select the highest-ranked proposer
and its proposal as submitted.
Proposers may request debriefing on a firm’s final ranking in writing.
Debriefing will be scheduled after final award of the contract.
VIII. EVALUATION CRITERIA
The proposals will be evaluated by a Selection Committee comprised of SFMTA and City
representatives. The Selection Committee may also include representatives of other transit
agencies, persons with expertise in the technical aspects of shelter design, and persons
knowledgeable about transit advertising. The City intends to evaluate the proposals generally in
accordance with the criteria itemized below. The firms will be interviewed by the Committee to
make the final selection.
A.
Relevant Experience (25 points)
a.
Expertise of the firm, assigned personnel and subcontractors in managing a
transit shelter contract; and
B.
C.
b.
Actual experience managing similar transit shelter contracts; and
c.
Results of reference checks.
Organization and Management Approach (25 points)
a.
Understanding of the scope of work and tasks to be performed; and
b.
Quality of organization structure; and
c.
Quality of proposed work plan.
Offer of Compensation (up to 70 points)
All proposers must meet, at a minimum, the MAG set forth in Section V.E.2. Any
proposal that does not meet the MAG will be deemed non-responsive. The proposer
with the highest overall Offer of Compensation, considering the net present value to the
City, will be awarded 60 points. Other proposers will be awarded points in proportion to
the proposer with the highest score. The formula is as follows:
(lower) proposer's score =
D.
value of proposer offer
value of highest proposer's offer
x 70
Shelter, Kiosk and Bicycle Sharing Station Designs (60 points)
1. Overall Quality of Design
a.
Overall appearance, creativity and adaptability of design (color; conforms or
harmonizes with scale and character of San Francisco’s neighborhoods and
environment)
b.
Detailing (roofline design, fascia, framing, placement of ad panel)
c.
Integration of amenities into shelter design (seating, placement and comfort),
transit information)
d.
Lighting/ appearance at night (see-through visibility/ patron safety)
e.
Design/ appearance on sloping sites
2.
a.
b.
c.
d.
e.
Technical Aspects of Design
Compliance with design specifications
Use of green technology in design
Ease of use by persons with disabilities;
Universal design features
Maintainability
Demonstrated ability of cleaning agents to remove adhesive
materials and graffiti
Surface treatments and resistance to etching, marring, heat, and fire
f.
g.
Ease in surface patching and refinishing
Ease in unit replacement and component repair
Ease of maintaining adequate drainage
Site Plans (Location Drawings and Renderings)
(i)
Adaptability to narrow sidewalk
(ii)
Adaptability to sloped sidewalk
(iii)
Protection from wind and rain
(iv)
Foundation configuration (accommodates sub-basements)
Durability
(i)
Materials selection
(ii)
Mainframe structure/ jointing
(iii)
Roof structure and material
(iv)
Drainage system (corrosion)
(v)
E.
Method of attaching and securing amenities to shelter
Optional Submittals (20 points)
Responses to Section V.F of the RFP will be eligible for up to 20 points for the entire optional
submittal (the same 20 points to be allocated to a single proposal whether it contains responses to
one or all optional submittal items listed in RFP § V.F paragraphs (a) through (g)) based on the
extent to which the response demonstrates financial benefits to the SFMTA, increased or
enhanced efficiencies or service levels, and/or or creative or innovative design features that
the contractor could provide in the performance of this contract.
IX.
CONTRACT AWARD
SFMTA staff will commence contract negotiations with the highest-ranked proposer. The
selection of any proposal shall not imply acceptance by the City of all terms of the proposal,
including compensation, which may be subject to further negotiation and approvals. If a
satisfactory contract cannot be negotiated in a reasonable time the SFMTA, in its sole discretion,
may terminate negotiations with the highest ranked proposer and begin contract negotiations
with the next highest ranked proposer.
No proposal may be accepted and no contract may be awarded until such time as (a) the Executive
Director/CEO of the Municipal Transportation Agency recommends the Agreement for award and
(b) the Municipal Transportation Agency Board of Directors adopts a resolution awarding the
Agreement. The final contract must also be approved by the Port Commission and the San
Francisco Board of Supervisors.
X.
ERRORS AND OMISSIONS IN RFP
Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly
notify SFMTA, in writing, if the proposer discovers any ambiguity, discrepancy, omission, or
other errors in the RFP. Any such notification should be directed to SFMTA promptly after
discovery, but in no event later than 10 calendar days prior to the date for receipt of proposals.
Modifications and clarifications will be made by addenda as provided below.
XI.
PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held on Tuesday, February 13, 2007, in the main
conference room at 1 South Van Ness Avenue, 7th Floor, from 1 P.M. – 3:00 PM, to discuss
the requirements of the contract and to take questions concerning the RFP. All prospective
proposers are urged to attend this conference. A written list of attendees will be available at
the end of the meeting.
XII.
QUESTIONS
Questions regarding this RFP should be addressed in writing to:
San Francisco Municipal Transportation Agency
Real Estate Division
One South Van Ness Avenue, 7th Floor,
San Francisco, California 94103-1267
Attention: Ms. Gail Stein
Fax: 415-701-4341
The City will keep a record of all parties who request and receive copies of the RFP. Any
requests for information concerning the RFP, whether submitted before or after the pre-proposal
conference, must be in writing, and any substantive replies will be issued as written addenda to
all parties who have requested and received a copy of the RFP from the SFMTA. Questions
raised at the pre-proposal conference may be answered orally. If any substantive new
information is provided in response to questions raised at the pre-proposal conference, it will
also be memorialized in a written addendum to this RFP and will be distributed to all parties that
received a copy of the RFP. No questions or requests for interpretation will be accepted after
5:00 pm on Tuesday, March 6, 2007.
XIII. OBJECTIONS TO RFP TERMS
Should a proposer object on any ground to any provision or legal requirement set forth in this
RFP, the proposer must, not more than 10 calendar days after the RFP is issued, provide written
notice to the SFMTA setting forth with specificity the grounds for the objection. The failure of a
proposer to object in the manner set forth in this paragraph shall constitute a complete and
irrevocable waiver of any such objection.
XIV. ADDENDA TO RFP
SFMTA may modify the RFP prior to the proposal due date by issuing written addenda.
Addenda will be sent via regular, first class U.S. mail to the last known business address of each
firm listed with SFMTA as having received a copy of the RFP. SFMTA will make reasonable
efforts to notify proposers in a timely manner of modifications to the RFP. Notwithstanding this
provision, the proposer shall be responsible for ensuring that its proposal reflects any and all
addenda issued by SFMTA prior to the proposal due date, regardless of when the proposal is
submitted. Therefore, SFMTA recommends that prior to submitting a proposal, proposers call
SFMTA to determine if the proposer has received all addenda. For information, call Ms. Gail
Stein at (415) 701-4327.
XV.
REVISIONS TO PROPOSAL
A proposer may revise a proposal at the proposer’s own discretion at any time before the
deadline for submission of proposals. The proposer must submit the revised proposal in the
same manner as the original. A revised proposal must be received on or before the proposal due
date.
In no case will a statement of intent to submit a revised proposal, or commencement of a revision
process, extend the proposal due date for any proposer.
At any time during the proposal evaluation process, SFMTA may require a proposer to provide
oral or written clarification of its proposal. SFMTA reserves the right to make an award without
further clarification of proposals received.
XVI. TERM OF PROPOSAL
Submission of a proposal signifies that the proposer's offer remains open for one year from the
proposal due date and that the offer is genuine and not the result of collusion or any other anticompetitive activity.
XVII. ERRORS AND OMISSIONS IN PROPOSAL
Failure by SFMTA to object to an error, omission, or deviation in the proposal will in no way
modify the RFP or excuse the proposer from full compliance with the specifications of the RFP
or any contract awarded pursuant to the RFP.
XVIII. FINANCIAL RESPONSIBILITY
The SFMTA accepts no financial responsibility for any costs incurred by a firm in responding to
this RFP. Submissions of the RFP will become the property of the City and may be used by the
City in any way deemed appropriate.
XIX. NONDISCRIMINATION REQUIREMENTS; SMALL BUSINESS
PARTICIPATION
SFMTA encourages each proposer, including subcontractors, to actively recruit minorities and
women for its workforce. The Questionnaire on Recruitment, Hiring and Training Practices
(RFP Attachment 1) is a workforce questionnaire for each proposer to submit with its proposal.
SFMTA also requests copies of any non-discrimination or equal employment opportunity plans
that proposers have in place.
SFMTA encourages proposers to submit proposals that make maximum utilization of service
agencies and suppliers that are small businesses, including minorities, women and disadvantaged
businesses, in the performance of work under the contract. Helpful databases include the
following: S.F. Human Rights Commission’s website at www.sfhrc.org for the City's Local
Business Enterprise Directory; the Caltrans federally certified Disadvantaged Business Enterprise
database at www.dot.cagov/hq/hep/; and the State of California certified small business database at
www.pd.dgs.ca.gov/smbus/default.htm. Questions about available firms should be addressed to:
Mr. André Boursse
SFMTA Agreement Compliance Office
1 South Van Ness, 3rd floor
San Francisco, CA 94103
Tel: (415) 701-4362
Fax: (415) 701-4347
XX.
NONDISCRIMINATION IN CITY CONTRACTS – BENEFITS ORDINANCE
a)
Contractor Shall Not Discriminate. In the performance of this contract, contractor agrees
not to discriminate on the basis of the fact or perception of a person's race, color, creed,
religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic
partner status, marital status, disability or Acquired Immune Deficiency Syndrome or
HIV status (AIDS/HIV), against any employee of, any City employee working with, or
applicant for employment with contractor, in any of contractor's operations within the
United States, or against any person seeking accommodations, advantages, facilities,
privileges, services, or membership in all business, social, or other establishments, or
organizations operated by contractor.
b)
Subcontracts. Contractor shall incorporate by reference in all subcontracts the provisions
of Sections 12B.2(a), 12B.2(c)-12B.2(k) and 12C.3 of the San Francisco Administrative
Code, and shall require all subcontractors to comply with such provisions. contractor's
failure to comply with the obligations in this subsection shall constitute a material breach
of the Agreement with the City.
c)
Nondiscrimination in Benefits. Contractor does not as of the date of the Agreement and
will not during the term of the Agreement, in any of its operations within the United
States, discriminate in the provision of benefits between employees with domestic
partners and employees with spouses, and/or between the domestic partners and spouses
of such employees, where the domestic partnership has been registered with a
governmental entity pursuant to state or local law authorizing such registration, subject to
the conditions set forth in Section 12B.2(b) of the San Francisco Administrative Code.
d)
Condition to Agreement. As a condition to the Agreement, contractor shall execute the
"Nondiscrimination in Agreements and Benefits" form (Form HRC-12B-101) and secure
the approval of the form by the SF Human Rights Commission.
e)
Incorporation of Administrative Code Provisions by Reference. The provisions of
Chapter 12B and 12C of the San Francisco Administrative Code are incorporated by
reference and made a part of the Agreement as though fully set forth herein. contractor
shall comply fully with and be bound by all of the revisions that apply to the Agreement
under Chapter 12B and 12C of the Administrative Code, including but not limited to
remedies provided in such Chapters. Without limiting the foregoing, contractor
understands that pursuant to Section 12B.2(h) of the San Francisco Administrative Code,
a penalty of $50 for each person for each calendar day during which such person was
discriminated against in violation of the provisions of this Agreement may be assessed
against contractor and/or deducted from any payment due contractor.
XXI.
FORM OF CONTRACT
The successful proposer will be required to enter into a contract on terms substantially similar to
the sample contract included as Attachment 2. Failure to timely execute the contract, or to
furnish any and all insurance certificates and policy endorsements, surety bonds or other
materials required in the contract, shall be deemed an abandonment of a contract offer. The City,
in its sole discretion, may select another firm and may proceed against the original firm selected
for damages.
XXII.
SAN FRANCISCO SUNSHINE ORDINANCE
In accordance with S.F. Administrative Code Section 67.24(e), contractors’ bids, responses to
RFPs and all other records of communications between the City and persons or firms seeking
contracts shall be open to inspection immediately after a contract has been awarded. Nothing in
this provision requires the disclosure of a private person’s or organization’s net worth or other
proprietary financial data submitted for qualification for a contract or other benefits until and
unless that person or organization is awarded the contract or benefit. Information provided
which is covered by this paragraph will be made available to the public upon request.
XXIII. SAN FRANCISCO BUSINESS TAX CERTIFICATE
San Francisco Ordinance No. 345-88 requires that, in order to receive an award, a firm located in
San Francisco or doing business in San Francisco must have a current Business Tax Certificate.
Since the work contemplated under the proposed Agreement will be performed in San Francisco,
a San Francisco Business Tax Certificate will be required. The Business Tax Declaration
(Attachment 3) should be completed and submitted with the proposal.
XXIV. PROTEST PROCEDURES
A.
Protest of Non-Responsiveness Determination
Within five working days of the City's issuance of a notice of non-responsiveness, any firm that
has submitted a proposal and believes that the City has incorrectly determined that its proposal is
non-responsive may submit a written notice of protest. Such notice of protest must be received
by the City on or before the fifth working day following the City's issuance of the notice of nonresponsiveness. The notice of protest must include a written statement specifying in detail each
and every one of the grounds asserted for the protest. The protest must be signed by an
individual authorized to represent the proposer, and must cite the law, rule, local ordinance,
procedure or RFP provision on which the protest is based. In addition, the protestor must specify
facts and evidence sufficient for the City to determine the validity of the protest.
B.
Protest of Agreement Award
Within five working days of the City's issuance of a notice of intent to award the contract, any
firm that has submitted a responsive proposal and believes that the City has incorrectly selected
another proposer for award may submit a written notice of protest. Such notice of protest must
be received by the City on or before the fifth working day after the City's issuance of the notice
of intent to award.
The notice of protest must include a written statement specifying in detail each and every one of
the grounds asserted for the protest. The protest must be signed by an individual authorized to
represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision
on which the protest is based. In addition, the protestor must specify facts and evidence
sufficient for the City to determine the validity of the protest.
C.
Delivery of Protests
All protests must be received by the due date. If a protest is mailed, the protestor bears the risk
of non-delivery within the deadlines specified herein. Protests should be transmitted by a means
that will objectively establish the date the City received the protest. Protests or notice of protests
made orally (e.g., by telephone) will not be considered. Protests must be delivered to:
San Francisco Municipal Transportation Agency (SFMTA)
Real Estate Division
One South Van Ness Avenue, 7th Floor,
San Francisco, California 94103-1267
Attention: Ms. Gail Stein
Fax: 415-701-4341
XXV.
RESOURCE CONSERVATION
All documents submitted in response to this RFP must be on recycled paper and printed on
double-sided pages to the maximum extent possible unless otherwise required herein.
XXVI.
PROPOSERS’ OBLIGATIONS UNDER THE CAMPAIGN REFORM
ORDINANCE
Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental Conduct
Code, which states:
No person who contracts with the City and County of San Francisco for the rendition of personal
services, for the furnishing of any material, supplies or equipment to the City, or for selling any
land or building to the City, whenever such transaction would require approval by a City elective
officer, or the board on which that City elective officer serves, shall make any contribution to
such an officer, or candidates for such an office, or committee controlled by such officer or
candidate at any time between commencement of negotiations and the later of either (1) the
termination of negotiations for such contract, or (2) three months have elapsed from the date the
contract is approved by the City elective officer or the board on which that City elective officer
serves.
If a proposer is negotiating for a contract that must be approved by an elected local officer or the
board on which that officer serves, during the negotiation period the proposer is prohibited from
making contributions to:



the officer’s re-election campaign
a candidate for that officer’s office
a committee controlled by the officer or candidate.
The negotiation period begins with the first point of contact, either by telephone, in person, or in
writing, when a contractor approaches any city officer or employee about a particular contract, or
a city officer or employee initiates communication with a potential contractor about a contract.
The negotiation period ends when a contract is awarded or not awarded to the contractor.
Examples of initial contacts include: (i) a vendor contacts a city officer or employee to promote
himself or herself as a candidate for a contract; and (ii) a city officer or employee contacts a
contractor to propose that the contractor apply for a contract. Inquiries for information about a
particular contract, requests for documents relating to a Request for Proposal, and requests to be
placed on a mailing list do not constitute negotiations.
Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties:
(a) Criminal. Any person who knowingly or willfully violates section 1.126 is subject
to a fine of up to $5,000 and a jail term of not more than six months, or both.
(b) Civil. Any person who intentionally or negligently violates section 1.126 may be
held liable in a civil action brought by the civil prosecutor for an amount up to
$5,000.
(c) Administrative. Any person who intentionally or negligently violates section 1.126
may be held liable in an administrative proceeding before the Ethics Commission
held pursuant to the Charter for an amount up to $5,000 for each violation.
For further information, proposers should contact the San Francisco Ethics Commission at
(415) 581-2300.
XXVII. COMMUNICATIONS PRIOR TO CONTRACT AWARD.
It is the policy of the SFMTA that only employees identified in the RFP as contacts for
this competitive solicitation are authorized to respond to comments or inquiries from Proposers
or potential Proposers seeking to influence the contractor selection process or the award of the
contract. This prohibition extends from the date the RFP is issued until the date when the
contractor selection is finally approved by the SFMTA Board of Directors and, if required, by
the San Francisco Board of Supervisors.
All firms and subcontractor(s) responding to this RFP are hereby notified that they may
not contact any SFMTA staff member, other than a person with whom contact is expressly
authorized by this RFP (Gail Stein), for the purpose of influencing the contractor selection
process or the award of the contract from the date the RFP is issued to the date when the contract
award is approved by the Board of Directors of SFMTA and, if required, by the San Francisco
Board of Supervisors. This prohibition does not apply to communications with SFMTA staff
members regarding normal City business not regarding or related to this RFP.
All firms and subcontractor(s) responding to this RFP are hereby notified that any written
communications sent to one or more members of the SFMTA Board of Directors concerning a
pending contract solicitation shall be distributed by the SFMTA to all members of the SFMTA
Board of Directors and the designated staff contact person(s) identified in the RFP.
Except as expressly authorized in the RFP, where any person representing a Proposer or
potential Proposer contacts any SFMTA staff for the purpose of influencing the content of the
competitive solicitation or the award of the contract between the date when the RFP is issued and
the date when the final selection is approved by the SFMTA Board of Directors, and, if required,
by the San Francisco Board of Supervisors, the Proposer or potential Proposer shall be
disqualified from the selection process. However, a person who represents a Proposer or
potential Proposer may contact City elected officials and may contact the Executive
Director/CEO of the SFMTA if s/he is unable to reach the designated staff contact person(s)
identified in the RFP or wishes to raise concerns about the competitive solicitation.
Additionally, the firms and subcontractor(s) responding to this RFP will not provide any
gifts, meals, transportation, materials or supplies or any items of value or donations to or on
behalf of any SFMTA staff member from the date the RFP is issued to the date when the contract
award is approved by the Board of Directors of SFMTA and if required, by the San Francisco
Board of Supervisors.
All lobbyists or any agents representing the interests of proposing prime contractors and
subcontractor(s) shall also be subject to the same prohibitions.
An executed Attestation of Compliance (Attachment 6) certifying compliance with this
section of the RFP will be required to be submitted signed by all firms and named
subcontractor(s) as part of the response to the this RFP. Any proposal that does not include the
executed Attestation of Compliance as required by this section will be deemed non-responsive
and will not be evaluated. Any Proposer who violates the representations made in such
Attestation of Compliance, directly or through an agent, lobbyist or subcontractor will be
disqualified from the selection process.
XXVIII.
PUBLIC ACCESS TO MEETINGS AND RECORDS
If a Proposer is a non-profit entity that receives a cumulative total per year of at least $250,000 in
City-funds or City-administered funds and is a non-profit organization as defined in Chapter 12L
of the San Francisco Administrative Code, the Proposer must comply with the reporting
requirements of that Chapter. The Proposer must include in its Proposal (1) a statement
describing its efforts to comply with the Chapter 12L provisions regarding public access to
Proposer’s meetings and records, and (2) a summary of all complaints concerning the Proposer’s
compliance with Chapter 12L that were filed with the City in the last two years and deemed by
the City to be substantiated. The summary shall also describe the disposition of each complaint.
If no such complaints were filed, the Proposer shall include a statement to that effect. Failure to
comply with the reporting requirements of Chapter 12L or material misrepresentation in
Proposer’s Chapter 12L submission shall be grounds for rejection of the proposal and/or
termination of any subsequent Agreement reached on the basis of the proposal.
XXIX.
RESERVATION OF RIGHTS BY THE CITY
The issuance of this RFP does not constitute an agreement by the City that any contract will
actually be entered into by the City. The City expressly reserves the right, at any time, to:
A. Waive or correct any defect or informality in any response, proposal, or proposal
procedure;
B. Reject any or all proposals;
C. Reissue a Request for Proposals;
D. Prior to submission deadline for proposals, modify all or any portion of the selection
procedures, including deadlines for accepting responses, the specifications or
requirements for any materials, equipment or services to be provided under this RFP, or
the requirements for contents or format of the proposals;
E. Procure any materials, equipment or services specified in this RFP by any other means;
or
F. Determine that no project will be pursued.
XXX. NO WAIVER
No waiver by the City of any provision of this RFP shall be implied from any failure by the City
to recognize or take action on account of any failure by a proposer to observe any provision of
this RFP.
The following attachments accompany this Request for Proposals (RFP) and are incorporated in
the RFP by reference:
Attachment 1
Nondiscrimination Requirements
 SFMTA Form 1 – DBE/LBE/SBE Participation Report
 SFMTA Questionnaire – Nondiscrimination Requirements
 SFMTA Questionnaire on Recruitment, Hiring and Training Practices for
Consultants
 Workforce Data Spreadsheet #1
 Workforce Data Spreadsheet #2
Attachment 2
Sample Agreement with Exhibits
Attachment 3
Business Tax Declaration
Attachment 4
Revenue Proposal Form
Attachment 5
SFMTA Grey Bus Stop Sign Replacement Program Specifications
Attachment 6
Attestation of Compliance
Attachment 7
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters
Attachment 8
Certification Regarding Lobbying
Attachment 9
Service Option For Additional Maintenance And Repair
Attachment 10
Service Option For Traffic Signal Controllers/Cabinet
Attachment 11
Decals for Bus Stop Sign
San Francisco Municipal Transportation Agency
Request for Proposal for Transit Shelter Advertising Agreement
Addendum No. 1
February 13, 2007
Request for Proposals for Transit Shelter Advertising Agreement
1. Section IV.F (Optional Submittals) (Page 8) is amended to read as follows:
F. Optional Submittals.
1.
City's Option: Proposers are required to submit the following, which the City, in
its sole discretion, may elect to negotiate with the winning proposer. The costs of these items
will not be factored into the evaluation of the Offer of Compensation or the Optional Submittals.
However, failure to submit the required costs may render the proposer's bid non-responsive.
a.
b.
Specify the annual time and materials costs of maintenance and repair of lowlevel boarding platforms over the life of the contract, broken down by type of
expense (see Attachment 2, Ex. F for list of Low-Level Boarding Platforms and
Attachment 9 for description of boarding platform maintenance and repair
standards).
Specify the annual time and materials costs of repair and/or replacement of
elements of high-level boarding platforms and F-Line and future E-Line low-level
boarding platform not named in Attachment 2, Exhibit H (e.g., replacement of
railings if damaged in accident). See Attachment 9, paragraph 19.
2.
Contractor Option. Proposers may elect, but are not required, to provide
proposals for any combination or all of the service/design options listed below. The inclusion of
any element of this "optional submittal" section of a proposal will be subject to negotiation.
Inclusion of an optional submittal pursuant to this RFP Section V.F. does not commit the
proposer to providing any design or service discussed in this section of its proposal.
a.
b.
c.
d.
e.
One or more design proposals with estimated costs for integrating traffic signal
control boxes into shelter design, or alternatively, of installing underground utility
boxes for traffic signal control equipment in conjunction with installation of some
shelters and/or kiosks. (See Attachment 10)
Provide design proposals and estimated costs for providing new bus stop signs on
approximately 1,000 existing poles, and signs and new poles at approximately
2,000 stops to be phased in over 10 years. (See sign specifications in RFP
Attachment 5.)
Provide design proposals and estimated costs of providing LED light on signs and
shelters so that passengers can signal transit operators to stop for them.
Provide design proposals and estimated costs for design, installation and
maintenance of canopies over subway entrances.
Additional features or services. Provide any other creative proposals for
additional services, designs, advertising, etc. that would increase or enhance
efficiencies, revenues, service levels or design features related to this Agreement.
Any such proposal that would include a financial benefit to the SFMTA in the
form of cost savings or revenue generation should include an analysis of the
estimated benefit as a dollar value on an annual basis.
2.
Section IV.F (City's Option: Bicycle-Sharing Program) (Page 9) is re-numbered as
Section IV.G.
3.
Section VIII.C. (Offer of Compensation) (Page 12): The third sentence of the section is
amended to read as follows: "The proposer with the highest overall Offer of Compensation,
considering the net present value to the City, will be awarded 70 points."
San Francisco Municipal Transportation Agency
Request for Proposal for Transit Shelter Advertising Agreement
Addendum No. 2
February 23, 2007
Request for Proposals for Transit Shelter Advertising Agreement
1. Sections III, VI and the cover page of the Request for Proposals (“RFP”) are amended as
follows:
The deadline for submission of written questions from proposers has been extended from
March 6, 2007 to March 23, 2007.
The deadline for submission of proposals has been extended from March 19, 2007 at 5:00PM
to April 11, 2007 at 4:00PM.
The tentative schedule for interviews has been changed from the week of April 16, 2007 to
the week of April 23, 2007.
2.
The last paragraph of Section I of the RFP is amended to read as follows:
The contract shall be for a term of 15 years, commencing on December 10, 2007, and ending
on December 9, 2022. There will be one five-year option to extend the contract.
3.
The seventh sentence of the introductory paragraph of Section V of the RFP is amended
to read as follows:
Design documents may not exceed 11” x 17”.
4.
Section V (D) of the RFP is amended to add the following requirement:
5. By the deadline for proposal submission, submit models of all six (6) new designs for the
commercial (3) and non-commercial (3) transit shelters, sized 12 inches high by 16 inches
wide, for public viewing at SFMTA. The models shall be numbered and shall not include the
name of the proposer.
5. The RFP is amended to add Attachment 12 (sample performance bond).
6. The parenthetical in Section 8.1.2(s) of the Attachment 2 to the RFP is amended to read
as follows:
(see Section 8.1.4 below).
San Francisco Municipal Transportation Agency
Request for Proposal for Transit Shelter Advertising Agreement
Addendum No. 3
March 12, 2007
Request for Proposals for Transit Shelter Advertising Agreement
1. Section 8.1.4 of Attachment 2 to the RFP is amended to read as follows:
8.1.4. GPS Technology. Under a contract between the City and NextBus Inc., NextBus
has installed Global Positioning System (GPS) technology at Transit Shelters and
Boarding Platforms in order to provide Muni patrons with “real time” transit
information uisng LED signage ("LED equipment"). Prior to the Effective Date,
NextBus will have installed LED equipment at approximately 464 locations,
including Transit Shelters and High-Level and/or Low-Level Boarding Platforms.
After the completion of such installation, the LED equipment will be owned by
the SFMTA. Contractor agrees to participate and cooperate with the SFMTA in
this initiative by (1) permitting the SFMTA or its contractor to install, remove,
reinstall, repair and maintain the LED equipment, as required, throughout the term
of this Agreement; and (2) causing each new Transit Shelter to be installed with
sufficient wiring capacity and electrical or solar power connections to
accommodate the installation of LED equipment at a height and location
approved by the SFMTA. Contractor will have no responsibility to install,
operate, repair or replace any LED equipment other than cooperating with
SFMTA and its contractor as requested. Contractor will provide cleaning,
graffiti-removal and other basic maintenance of the LED equipment consistent
with its routine maintenance of the Shelters. If in the course of its routine
inspections and maintenance of the Shelters Contractor observes that the LED
signs are not functioning, Contractor agrees to report this problem to SFMTA
within twenty-four (24) hours of such observation. SFMTA will not be
responsible for the condition of the LED equipment or any damage to the Shelters
resulting from the LED equipment.
2. Section V (D) of the RFP is amended to read as follows:
5. By the date scheduled for a proposer’s oral interview, submit models of all six (6) new
designs for the commercial (3) and non-commercial (3) transit shelters, sized 12 inches high
by 16 inches wide, and numbered, for public viewing at SFMTA or at another designated
location. SFMTA will display the models for public viewing on two occasions immediately
following the oral interviews. SFMTA requests a representative from each proposer to be
available at the public viewings.
San Francisco Municipal Transportation Agency
Request for Proposal for Transit Shelter Advertising Agreement
Addendum No. 4
April 4, 2007
Request for Proposals for Transit Shelter Advertising Agreement
1. The last paragraph of Section I of the RFP is amended to read as follows:
The contract shall be for a term of 15 years, commencing on December 10, 2007, and ending
on December 9, 2022. There will be one five-year option to extend the contract. The
SFMTA reserves the right to negotiate a shorter or longer term with the winning proposer.
2. Sections III, VI and the cover page of the RFP are amended as follows:
The deadline for submission of proposals has been extended from April 11, 2007 at 4:00PM
to April 23, 2007 at 4:00PM.
The tentative schedule for interviews has been changed from the week of April 23, 2007 to
the week of May 7, 2007.
3. Section V.E.2 of the RFP is amended in its entirety to read as follows:
2.
Revenue Proposal to SFMTA
a. Basic Proposal. The contractor will be required to pay SFMTA, on a monthly
basis, the greater of (1) a proposed percentage of gross revenues earned under the
contract or; (2) a Minimum Annual Guarantee ("MAG") (escalated five percent
per year and increased at years 6, 11 and 16), which will not be less than the
following amounts, as shown for the initial term of the contract, plus optional
extensions:
Fiscal Year
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
2016-17
MAG
$3,500,000
$3,675,000
$3,858,75
$4,051,688
$4,254,272
$6,500,000
$6,825,000
$7,166,250
$7,524,562
$7,900,791
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
2023-24
2024-25
2025-26
2026-27
Total
b.
Different Contract Terms. Proposers must submit Revenue Proposals, as
described above, for each of the three contract terms set forth below; however,
only one term Revenue Proposal will be used for evaluation purposes. Each
Revenue Proposal shall be in a separate sealed envelope with the term identified
clearly on the outside of the envelope. The SFMTA will decide which of the term
Revenue Proposals will be evaluated prior to opening any of the envelopes. The
SFMTA will evaluate the same term Revenue Proposal for each proposer.



c.
$10,000,000
$10,500,000
$11,025,000
$11,576,250
$12,155,063
$15,000,000
$15,750,000
$16,537,500
$17,364,375
$18,232,594
$193,397,095
10 years, with two five-year options to extend.
15 years, with one five-year option to extend.
One 20-year term.
Secondary Revenue Proposal. With each of its Revenue Proposals, the proposer
shall also submit a Secondary Revenue Proposal, based on the assumption that
Contractor and its subcontractors would be required to comply with the following
two provisions if selected as the winning proposer. The Secondary Revenue
Proposal will be used as the basis for evaluation. If there is no difference between
the Revenue Proposal and the secondary Revenue Proposal in a particular case,
the proposer need only submit one Revenue Proposal, and that proposal will used
for evaluation purposes. The Secondary Revenue Proposal shall be in the same
envelope as its counterpart Revenue Proposal.
Provision 1. REQUIRING MINIMUM COMPENSATION FOR
COVERED EMPLOYEES
Contractor agrees to comply fully with and be bound by all of the
provisions of the Minimum Compensation Ordinance (MCO), as set forth
in San Francisco Administrative Code Chapter 12P (Chapter 12P),
including the remedies provided, and implementing guidelines and rules.
The provisions of Chapter 12P are incorporated herein by reference and
made a part of this Agreement as though fully set forth. The text of the
MCO is available on the web at http://www.sfgov.org/olse.htm.
Capitalized terms used in this Section and not defined in this Agreement
shall have the meanings assigned to such terms in Chapter 12P.
Consistent with the requirements of the MCO, Contractor agrees to all of
the following:
(a)
For each hour worked by a Covered Employee during a Pay
Period on work funded under the City contract during the term of this
Agreement, Contractor shall provide to the Covered Employee no less
than the Minimum Compensation, which includes a minimum hourly
wage and compensated and uncompensated time off consistent with the
requirements of the MCO. For the hourly gross compensation portion of
the MCO, Contractor shall pay a minimum of $10.77 an hour beginning
January 1, 2005 and for the remainder of the term of this Agreement;
provided, however, that Contractors that are Nonprofit Corporations or
public entities shall pay a minimum of $9 an hour for the term of this
Agreement.
(b)
Contractor shall not discharge, reduce in compensation, or
otherwise discriminate against any employee for complaining to the City
with regard to Contractor’s compliance or anticipated compliance with the
requirements of the MCO, for opposing any practice proscribed by the
MCO, for participating in proceedings related to the MCO, or for seeking
to assert or enforce any rights under the MCO by any lawful means.
(c)
Contractor understands and agrees that the failure to
comply with the requirements of the MCO shall constitute a material
breach by Contractor of the terms of this Agreement. The City, acting
through the Contracting Department, shall determine whether such a
breach has occurred.
(d)
If, within 30 days after receiving written notice of a breach
of this Agreement for violating the MCO, Contractor fails to cure such
breach or, if such breach cannot reasonably be cured within such period of
30 days, Contractor fails to commence efforts to cure within such period,
or thereafter fails diligently to pursue such cure to completion, the City,
acting through the Contracting Department, shall have the right to pursue
the following rights or remedies and any rights or remedies available
under applicable law:
(1) The right to charge Contractor an amount equal to the difference
between the Minimum Compensation and any compensation actually
provided to a Covered Employee, together with interest on such amount
from the date payment was due at the maximum rate then permitted by
law;
(2) The right to set off all or any portion of the amount described in
Subsection (d)(1) of this Section against amounts due to Contractor
under this Agreement;
(3) The right to terminate this Agreement in whole or in part;
(4) In the event of a breach by Contractor of the covenant referred to in
Subsection (b) of this Section, the right to seek reinstatement of the
employee or to obtain other appropriate equitable relief; and
(5) The right to bar Contractor from entering into future contracts with the
City for three years.
Each of the rights provided in this Subsection (d) shall be
exercisable individually or in combination with any other rights or
remedies available to the City. Any amounts realized by the City pursuant
to this subsection shall be paid to the Covered Employee who failed to
receive the required Minimum Compensation.
(e)
Contractor represents and warrants that it is not an entity
that was set up, or is being used, for the purpose of evading the intent of
the MCO.
(f)
Contractor shall keep itself informed of the current
requirements of the MCO, including increases to the hourly gross
compensation due Covered Employees under the MCO, and shall provide
prompt written notice to all Covered Employees of any increases in
compensation, as well as any written communications received by the
Contractor from the City, which communications are marked to indicate
that they are to be distributed to Covered Employees.
(g)
Contractor shall provide reports to the City in accordance
with any reporting standards promulgated by the City under the MCO,
including reports on subcontractors.
(h)
The Contractor shall provide the City with access to
pertinent records after receiving a written request from the City to do so
and being provided at least five business days to respond.
(i)
The City may conduct random audits of Contractor.
Random audits shall be (i) noticed in advance in writing; (ii) limited to
ascertaining whether Covered Employees are paid at least the minimum
compensation required by the MCO; (iii) accomplished through an
examination of pertinent records at a mutually agreed upon time and
location within ten days of the written notice; and (iv) limited to one audit
of Contractor every two years for the duration of this Agreement. Nothing
in this Agreement is intended to preclude the City from investigating any
report of an alleged violation of the MCO.
(j)
Any subcontract entered into by Contractor shall require
the subcontractor to comply with the requirements of the MCO and shall
contain contractual obligations substantially the same as those set forth in
this Section. A subcontract means an agreement between the Contractor
and a third party that requires the third party to perform all or a portion of
the services covered by this Agreement. Contractor shall notify the
Department of Administrative Services when it enters into such a
subcontract and shall certify to the Department of Administrative Services
that it has notified the subcontractor of the obligations under the MCO and
has imposed the requirements of the MCO on the subcontractor through
the provisions of the subcontract. It is Contractor’s obligation to ensure
that any subcontractors of any tier under this Agreement comply with the
requirements of the MCO. If any subcontractor under this Agreement fails
to comply, City may pursue any of the remedies set forth in this Section
against Contractor.
(k)
Each Covered Employee is a third-party beneficiary with
respect to the requirements of subsections (a) and (b) of this Section, and
may pursue the following remedies in the event of a breach by Contractor
of subsections (a) and (b), but only after the Covered Employee has
provided the notice, participated in the administrative review hearing, and
waited the 21-day period required by the MCO. Contractor understands
and agrees that if the Covered Employee prevails in such action, the
Covered Employee may be awarded: (1) an amount equal to the
difference between the Minimum Compensation and any compensation
actually provided to the Covered Employee, together with interest on such
amount from the date payment was due at the maximum rate then
permitted by law; (2) in the event of a breach by Contractor of subsections
(a) or (b), the right to seek reinstatement or to obtain other appropriate
equitable relief; and (3) in the event that the Covered Employee is the
prevailing party in any legal action or proceeding against Contractor
arising from this Agreement, the right to obtain all costs and expenses,
including reasonable attorney's fees and disbursements, incurred by the
Covered Employee. Contractor also understands that the MCO provides
that if Contractor prevails in any such action, Contractor may be awarded
costs and expenses, including reasonable attorney’s fees and
disbursements, from the Covered Employee if the court determines that
the Covered Employee’s action was frivolous, vexatious or otherwise an
act of bad faith.
(l)
If Contractor is exempt from the MCO when this
Agreement is executed because the cumulative amount of agreements with
this department for the fiscal year is less than $25,000 ($50,000 for
nonprofits), but Contractor later enters into an agreement or agreements
that cause contractor to exceed that amount in a fiscal year, Contractor
shall thereafter be required to comply with the MCO under this
Agreement. This obligation arises on the effective date of the agreement
that causes the cumulative amount of agreements between the Contractor
and this department to exceed $25,000 ($50,000 for nonprofits) in the
fiscal year.
Provision 2. REQUIRING HEALTH BENEFITS FOR COVERED
EMPLOYEES
Contractor agrees to comply fully with and be bound by all of the
provisions of the Health Care Accountability Ordinance (HCAO), as set
forth in San Francisco Administrative Code Chapter 12Q, including the
remedies provided, and implementing regulations, as the same may be
amended from time to time. The provisions of Chapter 12Q are
incorporated by reference and made a part of this Agreement as though
fully set forth herein. The text of the HCAO is available on the web at
www.sfgov.org/olse. Capitalized terms used in this Section and not
defined in this Agreement shall have the meanings assigned to such terms
in Chapter 12Q.
a.
For each Covered Employee, Contractor shall provide the
appropriate health benefit set forth in Section 12Q.3 of the HCAO. If
Contractor chooses to offer the health plan option, such health plan shall
meet the minimum standards set forth by the San Francisco Health
Commission..
b.
Notwithstanding the above, if the Contractor is a small
business as defined in Section 12Q.3(e) of the HCAO, it shall have no
obligation to comply with part (a) above.
c.
Contractor's failure to comply with the HCAO shall
constitute a material breach of this agreement. City shall notify Contractor
if such a breach has occurred. If, within 30 days after receiving City's
written notice of a breach of this Agreement for violating the HCAO,
Contractor fails to cure such breach or, if such breach cannot reasonably
be cured within such period of 30 days, Contractor fails to commence
efforts to cure within such period, or thereafter fails diligently to pursue
such cure to completion, City shall have the right to pursue the remedies
set forth in 12Q.5.1 and 12Q.5(f)(1-6). Each of these remedies shall be
exercisable individually or in combination with any other rights or
remedies available to City.
d.
Any Subcontract entered into by Contractor shall require
the Subcontractor to comply with the requirements of the HCAO and shall
contain contractual obligations substantially the same as those set forth in
this Section. Contractor shall notify City's Office of Contract
Administration when it enters into such a Subcontract and shall certify to
the Office of Contract Administration that it has notified the Subcontractor
of the obligations under the HCAO and has imposed the requirements of
the HCAO on Subcontractor through the Subcontract. Each Contractor
shall be responsible for its Subcontractors' compliance with this Chapter.
If a Subcontractor fails to comply, the City may pursue the remedies set
forth in this Section against Contractor based on the Subcontractor’s
failure to comply, provided that City has first provided Contractor with
notice and an opportunity to obtain a cure of the violation.
e.
Contractor shall not discharge, reduce in compensation, or
otherwise discriminate against any employee for notifying City with
regard to Contractor's noncompliance or anticipated noncompliance with
the requirements of the HCAO, for opposing any practice proscribed by
the HCAO, for participating in proceedings related to the HCAO, or for
seeking to assert or enforce any rights under the HCAO by any lawful
means.
f.
Contractor represents and warrants that it is not an entity
that was set up, or is being used, for the purpose of evading the intent of
the HCAO.
g.
Contractor shall maintain employee and payroll records in
compliance with the California Labor Code and Industrial Welfare
Commission orders, including the number of hours each employee has
worked on the City Contract.
h.
Contractor shall keep itself informed of the current
requirements of the HCAO.
i.
Contractor shall provide reports to the City in accordance
with any reporting standards promulgated by the City under the HCAO,
including reports on Subcontractors and Subtenants, as applicable.
j.
Contractor shall provide City with access to records
pertaining to compliance with HCAO after receiving a written request
from City to do so and being provided at least ten business days to
respond.
k.
Contractor shall allow City to inspect Contractor’s job sites
and have access to Contractor’s employees in order to monitor and
determine compliance with HCAO.
l.
City may conduct random audits of Contractor to ascertain
its compliance with HCAO. Contractor agrees to cooperate with City
when it conducts such audits.
m.
If Contractor is exempt from the HCAO when this
Agreement is executed because its amount is less than $25,000 ($50,000
for nonprofits), but Contractor later enters into an agreement or
agreements that cause Contractor's aggregate amount of all agreements
with City to reach $75,000, all the agreements shall be thereafter subject to
the HCAO. This obligation arises on the effective date of the agreement
that causes the cumulative amount of agreements between Contractor and
the City to be equal to or greater than $75,000 in the fiscal year.
4.
The second to last sentence of Section V of the RFP is amended to read as follows:
V.
CONTENTS OF PROPOSAL
Twenty (20) complete copies of each proposal must be included with each submittal. See
also Section XXV.
5. Section VII of the RFP is amended to read as follows:
VII.
CONTRACTOR SELECTION PROCESS
A Selection Committee will evaluate the proposals, using the Evaluation Criteria outlined
in Section VIII. All proposers will be invited to make a presentation and participate in an
oral interview that will include detailed discussions of the various elements of their
proposals. Those individuals who will actually be assigned to the project shall make
presentations at the oral interview. Firms may be required to submit prior to or at the
interview additional information to clarify their proposals.
The oral interviews will be at the SFMTA, 1 South Van Ness Avenue, San Francisco, CA
94103, Civic Center Conference Room, #3075. This conference room is 18 feet wide by
40 feet 7½ inches long, with a counter at one end and a built-in screen at the other end..
The conference room seats approximately 20 people around the conference table and 40
around the outside of the room. There is wiring in the center of the conference room
table for a laptop computer and slide projector. Each proposer’s team will have up to
four hours for their presentation, questions and answers and a short break, which will be
on either:


8 a.m. – 12 noon, (lunch on own), or 1 p.m. to 5 p.m., Monday, Tuesday, or
Wednesday, May 7-9, 2007. SFMTA will tell each team its oral interview date.
Public viewings of the model transit shelters will be on Thursday and Friday, May
10-11 at a location to be determined in the Civic Center area.
Proposers are to bring:



Power Point slides with hard copies: 20 total copies, each double-sided
Presentation on laptop computer and on portable USB-compatible computer memory
disk
Proposer's six models, which will be displayed during the oral presentation on a
counter or table that SFMTA will provide
SFMTA will provide a projector and screen in the Civic Center Conference Room.
The oral interviews will consist of the following, with approximate times, as shown
below:
30 Minutes
 Introduction and Executive Summary of Contractor and Subcontractors (up to 8
total team attendees)

Experience and Qualifications of Subcontractor and Subcontractors
10 Minutes

Questions and Answers
60 Minutes

Design of Shelters
20 Minutes

Questions and Answers
10 Minute Break
30 Minutes
 Organization and Management Approach, including Work Plan and Maintenance
10 Minutes
 Questions and Answers
20 Minutes
 Bicycle-Sharing Program: Per Addendum 1
10 Minutes
 Questions and Answers
30 Minutes
 Optional Submittals: per Addendum 1
10 Minutes
 Questions and Answers
The SFMTA will negotiate a contract with the proposer with the highest total score. If
SFMTA is unable to negotiate a contract with the highest-ranked proposer in a reasonable
time, the SFMTA, in its sole discretion, may terminate negotiations with the highestranked proposer and begin contract negotiations with the next highest-ranked proposer.
The final Agreement will have to be approved by the SFMTA Board of Directors, the
Port Commission, and the San Francisco Board of Supervisors.
SFMTA reserves the right to not negotiate with firms and to select the highest-ranked
proposer and its proposal as submitted.
Proposers may request debriefing on a firm’s final ranking in writing. Debriefing will be
scheduled after final award of the contract.
6. Section VIII.C of the RFP is amended to read as follows:
C.
Offer of Compensation (up to 70 points)
All Revenue Proposals must meet, at a minimum, the MAG set forth in Section V.E.2.
Any proposal that does not meet the MAG will be deemed non-responsive. The
proposer with the highest overall Revenue Proposal, considering the net present value to
the City, will be awarded 70 points. Other proposers will be awarded points in
proportion to the proposer with the highest score. For purposes of this evaluation, each
Proposer’s Secondary Revenue Proposal (see Section V.E.2.b and c) will be used if
proposer submits a Secondary Revenue Proposal, otherwise the Primary Revenue
Proposal will be used. The formula is as follows:
(lower) proposer's score =
value of proposer offer
value of highest proposer's offer
x 70
7. The following section is added to Section 1 (Definitions) of Attachment 2 to the RFP:
1.5
Carryover Contract. Any advertising contract that is assigned to Contractor by
City as of the Effective Date of this Agreement; and any advertising contract entered into
by Contractor with an expiration date later than the termination of this Agreement.
8. Section 2.5 is added to Attachment 2 to the RFP to read as follows:
Carryover Contracts
2.5.1 Beginning of Term. As of the Effective Date of this Agreement, SFMTA will
transfer to Contractor the rights to all Carryover Contracts it has acquired from CBS
Outdoor Inc., along with copies of those Contracts. Following such transfer, Contractor
agrees to pay to CBS Outdoor Inc., when and as received from the advertisers, twenty
percent (20%) of the gross income received from such Carryover Contracts except when
said gross income is received (A) from a Carryover Contract that has expired and been
renewed after the Effective Date of this Agreement, or (B) more than One Hundred and
Eighty (180) days following the Effective Date of this Agreement. Contractor agrees that
CBS Outdoor Inc. is a third party beneficiary with a right to enforce the payment
obligation against Contractor.
2.5.2 End of Term. If the written consent of the Executive Director is first obtained,
Contractor may enter into a limited number of Carryover Contracts; provided, however,
that upon expiration of this Agreement, Contractor agrees to immediately assign and
transfer, and does assign and transfer, to SFMTA all such Carryover Contracts then in
effect, and such Carryover Contracts thereupon shall become the property of SFMTA.
Following such assignment and transfer, SFMTA (or its nominee) shall pay to
Contractor, when and as received, twenty percent (20%) of the gross income received
from such Carryover Contracts except when said gross income is received (A) from a
carryover contract that has expired and been renewed, or (B) more than One Hundred and
Eighty (180) days following expiration of this Agreement. Contractor agrees that any
Carryover Contract will not in any way extend the term of this Agreement.
9. Section 8.1.2 (q) of Attachment 2 to the RFP is amended to read as follows:
(q) Except for Low-level Boarding Platforms, Shelters must contain a secure, illuminated
panel for transit information designed to hold system route map(s) and schedule information.
Each panel must be two-sided and at least three feet (3') wide by four feet (4') tall. This
panel shall not impede access to the shelter for disabled riders and should be designed so that
the information it contains is accessible to all riders.
APPENDIX C
LIST OF TRANSIT SHELTER ADVERTISING FIRMS AND CONTACTS
CBS Outdoor
Larry Levine
Senior Vice President
Business Development/Finance
CBS Outdoor
405 Lexington Avenue
New York, NY 10174
Phone: (212) 297-6520
Fax: (212) 297-6555
Email: Larry.Levine@CBSOutdoor.com
Cemusa
Toulla Constantinou
Chief Executive Officer, North America
Cemusa
420 Lexington Avenue, Suite 2533
New York, NY 10170
Phone: (646) 312-8528
Fax: (212) 599-7999
Cell: (312) 543-5428
Email: tconstantinou@cemusainc.com
Jonathan Kaufman
Solem & Associates
550 Kearny Street, Suite 1010
San Francisco, CA 94108
Phone: (415) 296-2019
Fax: (415) 788-7858
Email: jonk@solem.com
Clear Channel Outdoor
Michael Colbruno
Vice President, Governmental Affairs
Clear Channel Outdoor, Northern California
555 12th Street, Suite 950
Oakland, CA 94607
Phone: (510) 835-5900
Fax: (510) 834-9410
Email: michaelcolbruno@clearchannel.com
Corporate Image Media
Stephen Shinn
Vice President
Transit Business Development
CBS Outdoor
865 Battery Street, 3rd Floor
San Francisco, CA 94111
Phone: (415) 402-6863
Fax: (415) 693-0824
Email: Steve.Shinn@CBSOutdoor.com
Mark Madden
Director, Business Development
Cemusa
420 Lexington Avenue, Suite 2533
New York, NY 10170
Cell: (917) 670-8680
Fax: (212) 599-7999
Email: mmadden@cemusainc.com
Steve Feder
Corporate Image Media, Inc.
575 Lexington Avenue, Suite 400
New York, NY 10022
Phone: (212) 527-7595
New Email: sfeder@cimedia-ny.com
JCDecaux
Gayle Zimmerman
Vice President, Sales, StreetScape
Decaux Corporate Headquarters
Three Park Avenue, 33rd Floor
New York, NY 10016
Phone: (646) 834-1352
Fax: (646) 834-1202
Email: Gayle.Zimmerman@jcdecauxna.com
Francois Nion
Executive Vice President
JCDecaux
1000 Quesada Avenue
San Francisco, CA 94124
Phone: (415) 671-1250
Fax: (415) 671-1254
Cell: (917) 692-5177
Email: Francois.Nion@jcdecauxna.com
Adam Solorzano
Director of Operations
JCDecaux
1000 Quesada Avenue
San Francisco, CA 94124
Phone: (415) 671-1250
Fax: (415) 671-1254
Email: Adam.Solorzano@jcdecauxna.com
KEM Outdoor
Marquis LaFortune
Contract Coordinator
KEM Outdoor, Inc.
PO Box 461406
San Antonio, TX 78246-1406
Phone: (210) 675-6444
Fax: (210) 675-6691
Email: marquis.lafortune@swbell.net
Titan Outdoor
Don Allman
Titan Outdoor
850 Third Avenue
New York, NY 10022
Phone: (212) 644-6200
Email: Don.Allman@titanoutdoor.com
Lamar
5551 Corporate Boulevard, Suite 2-A
Dan McCann
Baton Rouge, LA 70808
General Information: Theresa Doran
Mailing Address
P. O. Box 66338
Baton Rouge, LA 70896
Corporate Phone Number
Phone: (225) 926-1000
Fax: (225) 926-1005
Email: tdoran@lamarhq.com
Blue Horizon Group
Paul Mataras
President and CEO
Blue Horizon Group, Inc.
1485 Bush Street, Suite 504
San Francisco, CA 94104
Phone: (415) 410-4913
Fax: (415) 358-9702
Email: pmataras@bhgidev.com
Reiland & Reiland
Hal Reiland
Reiland & Reiland
P.O. Box 5490
Pleasanton, CA 94588
Phone: (925) 223-7053
Email: hal@reilandlaw.com
Bicycle Commuter Services
Bert Hill
Bicycle Commuter Services
38 El Sereno Court
San Francisco, CA 94127
Phone: (415) 337-1156
Cell: (415) 672-3458
Email: echill@sfhills.org
LNI Custom Manufacturing
Theresa Roth
LNI Custom Manufacturing, Inc.
12536 Chadron Avenue
Hawthorne, CA 90250
Phone: (310) 505-7432
Fax: (310) 978-4000
Email: theresar@LNIsigns.com
Lamar
5758 Hollis Street
Emeryville, CA 94608
Phone: (510) 652-2900
Toll Free: (800) 730-0055
Fax: (510) 652-2992
Email: dmccann@lamar.com
Omni Digital Imaging
Milindha Morahela
Omni Digital Imaging, LLC
50 Mendell Street, Suite 2
San Francisco, CA 94124
Phone: (415) 920-9585
Fax: (415) 648-1174
Cell: (415) 652-8652
Yerba Buena Engineering & Construction
Miguel Galarza
President
Yerba Buena Engineering and Construction
1340 Egbert Avenue
San Francisco, CA 94124
Librarybikes.org
Bill Burton
Director
Librarybikes.org
P.O. Box 4343
Arcata, CA 95518
Phone: (408) 234-3322
Email: Librarybike@hotmail.com
APPENDIX D
SCORING CRITERIA USED FOR INTERVIEW
___________________
_________________________
Team Member
Proposer
Selection Committee
Score Sheet
Score
A.
RELEVANT EXPERIENCE (MAXIMUM OF 25 POINTS)
a.
Expertise of the firm, assigned personnel and subcontractors
in managing a transit shelter contract
b.
Actual experience managing similar transit shelter contracts
c.
Results of reference checks
B.
_______
ORGANIZATION AND MANAGEMENT APPROACH (MAXIMUM OF 25 POINTS) _______
a.
Understanding of the scope of work and tasks to be performed
b.
Quality of organization structure
c.
Quality of proposed work plan
C.
SHELTER, KIOSK AND BICYCLE SHARING STATION DESIGNS (MAXIMUM OF 60 POINTS) ______
(Recommendation from Technical Advisory Committee)
D.
OPTIONAL SUBMITTALS (MAXIMUM OF 20 POINTS)
(Recommendation from Technical Advisory Committee)
_______
___________________
Team Member
_________________________
Proposer
Technical Advisory Team
Score Sheet
Superior
Above
Average
Average
SHELTER, KIOSK AND BICYCLE SHARING STATION DESIGNS (MAXIMUM OF 60 POINTS)
1.
f.
g.
h.
i.
j.
k.
(4-5)
(2-3)
(0-1)
Overall Quality of Designs (maximum of 30 points)
Overall appearance, creativity and adaptability of design______ ______
______
(color; conforms or harmonizes with scale and
character of San Francisco’s neighborhoods and
environment)
Detailing (roofline design, fascia, framing, placement of______
______ ______
ad panel)
Integration of amenities into shelter design
______
______
___
(seating, placement and comfort, transit information)
Lighting/appearance at night (see-through visibility/patron ______ ______ ______
safety)
Design/ appearance on sloping sites
______
______
______
Bicycle-sharing station designs
______
______
______
Subtotal
2.
f.
g.
h.
i.
g.
h.
______
______
______
Technical Aspects of Design (maximum of 30 points)
(4-5)
(2-3)
(0-1)
Compliance with design specifications
______
______
______
Use of green technology in design
______
______
______
Ease of use by persons with disabilities; universal design features______ ____________
Maintainability______
______
______
i.
Demonstrated ability of cleaning agents to remove
adhesive materials and graffiti
ii.
Surface treatments and resistance to etching,
marring, heat, and fire
iii.
Ease in surface patching and refinishing
iv.
Ease in unit replacement and component repair
v.
Ease of maintaining adequate drainage
Site Plans (Location Drawings and Renderings)______
______
______
i.
Adaptability to narrow sidewalk
ii.
Adaptability to sloped sidewalk
iii.
Protection from wind and rain
iv.
Foundation configuration (accommodates sub-basements)
Durability
______
______
______
i.
Materials selection
ii.
Mainframe structure/ jointing
iii.
Roof structure and material
iv.
Drainage system (corrosion)
v.
Method of attaching and securing amenities to shelter
Subtotal
______
______
______
Total Points for Design
1.
Overall Quality of Designs
2.
Technical Aspects of Designs______
Overall Total (out of 60)
______
______
OPTIONAL SUBMITTALS (MAXIMUM OF 20 POINTS)
a.
b.
c.
d.
e.
Score ____________
Design proposals with estimated costs for integrating traffic signal control boxes into
shelter design, or alternatively, of installing underground utility boxes for traffic signal
control equipment in conjunction with installation of some shelters and/or kiosks.
Design proposals and estimated costs for providing new bus stop signs on approximately
1,000 existing poles, and signs and new poles at approximately 2,000 stops to be phased
in over 10 years.
Design proposals and estimated costs of providing LED light on signs and shelters so that
passengers can signal transit operators to stop for them.
Design proposals and estimated costs for design, installation and maintenance of canopies
over subway entrances.
Additional features or services. Provide any other creative proposals for additional
services, designs, advertising, etc. that would increase or enhance efficiencies, revenues,
service levels or design features related to this Agreement. Any such proposal that would
include a financial benefit to the SFMTA in the form of cost savings or revenue
generation should include an analysis of the estimated benefit as a dollar value on an
annual basis.
20 points may be allocated to each proposal whether it contains responses to one or all
optional submittal items listed above based on the extent to which the response
demonstrates financial benefits to the SFMTA, increased or enhanced efficiencies or
service levels, and/or or creative or innovative design features that the contractor could
provide in the performance of this contract.
Minimum Qualifications Financials
Criteria
Compensation

Open 1 Set Each AFTER SFMTA Decision of 10, 15, or 20
Years for Term
Scoring:
Score:



C.
All proposers must meet, at a minimum, the
Minimum Annual Guarantee (MAG) (RFP, Section
V. E., Pages 6-8).
Highest overall Offer of Compensation, based on net
present value (NPV), earns 70 points
Others’ scores based on formula below:
Offer of Compensation (up to 70 points)
All Revenue Proposals must meet, at a minimum, the MAG set
forth in Section V.E.2. Any proposal that does not meet the
MAG will be deemed non-responsive. The proposer with the
highest overall Revenue Proposal, considering the net present
value to the City, will be awarded 70 points. Other Proposers
will be awarded points in proportion to the Proposer with the
highest score. For purposes of this evaluation, each Proposer’s
Secondary Revenue Proposal (see Section V.E.2.b and c) will
be used if proposer submits a Secondary Revenue Proposal,
otherwise the Primary Revenue Proposal will be used. The
formula is as follows:
(lower) proposer's score =
x 70
value of proposer offer
value of highest
proposer's offer
APPENDIX E
STRENGTHS AND WEAKNESSES
Strengths and Weaknesses—CBS/Decaux
Technical Advisory Team, 5/9/07
Strengths
Transit Shelter Design
Thoughtful designs
Birchall Design: favored of CBS / Decaux
proposal – reflective of SF character, birds,
hills
Stern Design: reflective of City Hall dome,
Civic Center, accents existing street furniture
Paint: powdered coated, durable design
Recycling program: tempered glass recycling
well developed
Accessibility: presentation of designs met basic
ADA requirements
Design: flexible designs for slopes
Maintainability: well thought out installation
plan
Maintainability: software system that will
integrate w/ City’s 311 reporting system, can
give 311 access to (I)llico
Lighting good in Birchall Design
Good kiosk designs
Birchall: site glass next to ad panel good
design feature
Birchall: roof extends over back side of shelter
Kiosks: very nice, walk under, good handle on
kiosk designs
Options
Canopy
Most developed canopy design
Good design solution
Unique light lighting feature – variable colors,
creative, reflective of SF
Information touch-screen at street level
Weaknesses
Only 1/3 solar on non-commercial shelters
2 off the shelf designs vs. unique to SF
Hydra & Foster designs: uninspired off the
shelf designs & are not responsive to SF
character
Lighting: only 1 design
SFMTA information panel generally not well
integrated in the designs overall
Solar and sustainability features of shelter
designs were not well developed
Ad panel too monolithic
Creative option enhances usability
Bicycle Program
Well thought out
Mature program & extensive experience
Integrated bike lock appropriate for SF
conditions
Good docking station
Option for helmet ID program
7 gears & electric assisted optional
Traffic Signal Control Box
Minimal approach
Strengths and Weaknesses—CBS/Decaux
Selection Committee, 5/11/07
Strengths
Weaknesses
EXPERTISE OF THE FIRM
Local Presence
Rigid / corporate
Knowledge of SF permitting and inspection
Partnership – SFMTA would be the 5th
processes
under joint venture (even though individual
companies have experience)
Knowledge of SFMTA and City
Registered with City
Advertising experience
Only US experience
Experience with Bike Programs
ASSIGNED PERSONNEL
Have identified project managers, present at the
What is the role of City Relations and
meeting
Business Development in the contract?
SUBCONTRACTORS
Least number of Local Business
Uses its own cleaning and repair personnel,
Question about importing materials for the
installation and fabrication
shelters (length of time)
Minimal transition
References mixed
Performance issues under current SF
contract – both advertising and maintenance
ORGANIZATION AND MANAGEMENT APPROACH
Robust, high functionality web database
Advertising Approach – 4 week cycle
(inflexible)
Acknowledged necessity to maintain old shelters Two companies – more complexity, 1
while transitioning to new shelters – 2 teams
company for street furniture and 1 for
advertising
Circular org chart – where is the
accountability
No quantitative maintenance standards
Co Managers
Poor response to maintenance and
construction of new shelters
Public Advertising Commitment - vague
Strengths and Weaknesses—Cemusa
Technical Advisory Team, 5/8/07
Strengths
Transit Shelters
Durability: stainless steel
Straight forward, understated design
Utilized local SF architects created one local
design
Met the technical specs
Integrated technology into ad panel design
Seating: fan seating good idea
Weaknesses
Designs did not reflect SF character
Inadequate development of solar integration
Inadequate development of sustainability
features
Inadequate development of lighting
Inadequate development of unique design
features
Maintainability: shelter walls touch the
ground
Canopy
Interesting unique canopy concepts
Bicycle Program
No experience
Not well thought out
Concept not defined
Options
Traffic Signal Control Box
Put in kiosk
Bus Posts
Provided additional information
Nice design
3,000 provided
160 degree opening, not 180 degree opening
Looked like a vending machine
Strengths and Weaknesses—Cemusa
Selection Committee, 5/11/07
Strengths
Weaknesses
EXPERTISE OF THE FIRM
Has large US contracts
Has no local experience
Will establish a SF office
Will have to lease and find facilities to set up
operations in the Bay Area
Uses its own cleaning and repair personnel
No knowledge of SF permitting and inspection
process
Very knowledgeable about solar energy
Limited experience with Bike Programs
Global Experience
OTHER
References mixed
Most difficult transition
ASSIGNED PERSONNEL
François !!!!
Did not identify their project manager
(contingent on getting the contract)
Project Manager will be trained in Barcelona
and San Antonio
Will have to hire entire team
Corporate Director of Design – did not
contribute to the presentation
SUBCONTRACTORS
High DBE participation for other contracts in
No direct experience with Next Bus
other cities
Little information on subcontractors
ORGANIZATION AND MANAGEMENT APPROACH
24 hour etching removal
No local ad experience
Weekly cleaning: collection of debris from
Advertising concept not tailored for SF –
surrounding area, trimming of grass and weeds
scrollers, wraps
Fastest installation time
Little information on the role of subcontractors
2 person crew to cover 100 shelters and low and
high level platforms
KPI’s – performance measurement
Advertising – moving ads to keep the ads “fresh”
Corporate commitment to leveraging technology
Strengths and Weaknesses—Clear Channel Outdoor
Technical Advisory Team, 5/7/07
Strengths
Weaknesses
Transit Shelter Design
Photovoltaic integrated with design, not tacked
on
Photovoltaic on 100% of shelters
Photovoltaic with net metering
Seismic Ribbon: innovative design & energy
efficient
Seismic Ribbon: design characteristics
reflective of SF neighborhoods & SF natural
environment
Seismic Ribbon: design characteristics
reflective of SF Muni “worm” logo
Seismic Ribbon: first choice for the Clear
Channel designs
Local architects captured local character
Excellent suite of designs
Seismic Ribbon offers customization through
different color lighting for different
neighborhoods
Lighting: good presentation about lighting at
night
Seating: good seating, not sleeping
Wind turbine: common design thread along a
Wind turbine: not proven design & unsure of
corridor appearance
acceptability in SF
Wind turbine: generates energy, green
technology
Met the technical specs, i.e., slope, seating,
shelter, modular
Accessibility: presentation of designs met basic
ADA requirements
Accessibility: designers showed appreciation
for Universal Design concepts, e.g., one
entrance that everyone can use
Graphics: strong graphic communication in
signage
Adaptable to narrow sidewalks, to slopes
Green technology: use of green materials
Maintainability: met the specs
Drainage on flat roof design: drainage &
electrical in same conduit = issue
Seismic Ribbon: Technical Advisory Team
Roof: polycarbonate – scratches easily
preference overall
Bicycle Station Program
Well designed program
Well designed bicycle
Proven company in Europe
Agreement for Washington, D.C., 6/07
Understand concept of bicycle program
Options
Met all the options, except the Canopy design
insufficient
Kiosk w/ traffic signal box OK, door opens
180 degrees
Bicycle bar takes up too much space when
empty
No lock that goes with the bike
Canopy too small
Strengths and Weaknesses—Clear Channel Outdoor
Selection Committee, 5/11/07
Strengths
Weaknesses
EXPERTISE OF THE FIRM
Global Experience
Local Presence
Regional Experience
Familiar with City Contracting Process
Registered with City
Experience with Bike Programs
Many Existing Contracts for Transit Shelters
ASSIGNED PERSONNEL
Did not identify their project manager
(contingent on getting the contract)
SUBCONTRACTORS
Is not subcontracting the maintenance work
OTHER
Will establish SF Office
Reference Checks – Anaheim and Irvine
(slow response)
All reference checks “would you recommend
them for the Contract to SFMTA” - yes
ORGANIZATION AND MANAGEMENT APPROACH
Bar Codes and KB World – inventory – Internet 1 man crew vs. 2 men crew (??) covering 60
shelters
Organization Chart Clearly Defined
Power Wash 5’ radius
Find Local Advertisers, Find New Advertisers
Agreed to cover low and high boarding
platforms
Higher maintenance presence/standard on
Market Street
Add 2 sales reps if they get contract
Short Ad Campaigns
Digital Technology
Customized local networks/maps
Corporate commitment to leveraging technology
APPENDIX F
SUMMARY OF SCORES
(05-926) RFP: TRANSIT SHELTER ADVERTISING AGREEMENT CONTRACT
TECHNICAL ADVISORY TEAM
Presentations:
May 7, 8, and 9, 2007
Firms
1
2
3
4
5
6
7
CLEAR CHANNEL
52
36
39
54
29
48
54 53 56 51
472
Optional 16
10
12
20
18
12
17 14 16 15
150
54
34
42
52
33
49
46 42 45 40
437
Optional 16
10
15
20
15
12
15 10 18 10
141
34
16
23
25
14
44
40 32 37 28
293
Optional 14
10
12
15
13
13
12
125
CBS/DeCAUX
CEMUSA
Maximum Points
200
Selection Committee:
Comprised of:
Technical Advisory Team Recommendation:
Optional Submittals Recommendation:
Offer of Compensation (O/C) Score:
Relevant Experience; Organization & Mgmnt. Approach:
60
20
70
50
8
9 10
5 19 12
TOTAL
GRAND
TOTAL
AVG. GRAND
TOTAL
RANK
622
62.2
1
578
57.8
2
418
41.8
3
(05-926) RFP: TRANSIT SHELTER ADVERTISING AGREEMENT CONTRACT
SELECTION COMMITTEE MEMBER SCORES
Firms
1
2
3
4
TOTAL
AVG.
TOTAL
RANK
CLEAR CHANNEL
35
40
38
42
155
38.75
1
CBS/Decaux
26
30
32
35
123
30.75
2
CEMUSA
25
34
21
31
111
27.75
3
Selection Committee:
Comprised of:
Technical Advisory Team Recommendation:
Optional Submittals Recommendation:
Offer of Compensation (O/C) Score
Relevant Experience; Organization & Mgmnt. Approach:
Maximum Points
200
60
20
70
50
(05-926) RFP: TRANSIT SHELTER ADVERTISING AGREEMENT CONTRACT
Proposer Summary of Technical Advisory Committee; Selection Committee;
Optional Submittals; and Offer of Compensation (O/C) Scores
O/C
AVERAGE TOTAL Plus
O/C
RANK
777 100.95
70
170.95
1
27.75
529
69.55
42
111.55
2
30.75
701
88.55
0
88.55
3
TECHNICAL
SELECTION
Total
Avg.
Total
CLEAR CHANNEL
622
62.2
155
38.75
CEMUSA
418
41.8
111
CBS/Decaux
578
57.8
123
Firms
Avg.
TOTAL
Total
Avg.
Maximum Points
Selection Committee:
Comprised of:
Technical Comm Recommendation:
Optional Submittals Recommendation:
Offer of Compensation (O/C) Score:
Relevant Experience; Organization & Management Approach:
200
60
20
70
50
APPENDIX G
APPROVAL OF SCORES
MEMORANDUM
DATE:
June 12, 2007
TO:
Kerstin Magary, Senior Project Manager
Finance & Administration
FROM:
André P. Boursse, Director
Contract Compliance Office
SUBJECT: Transit Shelter Advertising Proposal: Proposer Summary of Technical
Advisory Team; Selection Committee; and Offer of Compensation (O/C)
Scores.
We have reviewed the raw scores on the evaluation forms completed by the Technical
Advisory Team and the Selection Committee panel participants for each firm interviewed for
the subject RFP.
The Proposer Summary is comprised of the Technical Advisory Team scores; the Selection
Committee scores; and the Offer of Compensation (O/C) scores indicated on the enclosed
spreadsheet.
If you have any questions, please call me at 701-4362.
APB: ab
Enclosures: Proposal Score Sheets, including:
1) Technical Advisory Team Member Scores
2) Selection Committee Member Scores
3) Transit Shelter Advertising Agreement Contract: Technical Advisory Team; Selection
Committee; Optional submittals; and O/C Scores – Proposer Summary.
cc:
Naomi Steinway, CCO
Pansy Waller, CCO
File: Federal contracts
Chron
THIS PRINT COVERS CALENDAR ITEM NO. : 26
MUNICIPAL TRANSPORTATION AGENCY
City and County of San Francisco
DIVISION:
Finance & Administration
BRIEF DESCRIPTION:
Exercising the second extension available in the Award of Security Guard Services (Armed And
Unarmed) For The Revenue And Cost Accounting Sections Of The San Francisco Municipal with King
Security Services, Inc. (“Contract”) from July 1, 2006 through June 30, 2007. Authorizing an extension
for an additional six months through December 31, 2007 and approving retroactive payments from July 1,
2006 through June 30, 2007.
SUMMARY:




The Contract, which had an original term through June 30, 2005, included an extension period of
up to two years. On July 5, 2005, the Office of Contract Administration (OCA) exercised the first
year of the extension through June 30, 2006. The SFMTA intended to exercise the second
extension option through June, 2007. However, due to the transition of SFMTA and OCA staff,
the second year of the contract extension was never executed. King Security Services, Inc., in
good faith, continued to provide services after June 30, 2006.
King Security Services, Inc. was paid $7,157,330.04 for security services under the Contract for
the period August 1, 2002 through June 30, 2006. Additionally, $1,791,758.22 has been paid for
the period July 1, 2006 through June 30, 2007 after the Contract termination date. Invoices
totaling $111,213.15 are pending approval and the vendor has submitted invoices which have not
been processed totaling approximately $250,000.
Not including the unprocessed invoices, $9,060,301.41 has either been paid or is in the approval
process for payment to King Security Services, Inc. Approximately $2,000,000 of security
services for Fiscal Year 2006-2007 has been incurred, the majority of which has been paid,
without an existing contract.
The Board is asked to approve the Contract for an eighteen (18) month period, twelve (12)
months retroactively and six (6) months prospectively, for the period of July 1, 2006 through
December 31, 2007 for a total of $3,500,000.
ENCLOSURES:
1. MTAB Resolution
2. Modification No. 2
APPROVALS:
DIRECTOR OF DIVISION
PREPARING ITEM
FINANCE
EXECUTIVE DIRECTOR/CEO
SECRETARY
ADOPTED RESOLUTION
BE RETURNED TO
DATE
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
ASSIGNED MTAB CALENDAR DATE:
__________________________
____________
____________
____________
____________
PAGE 2.
EXPLANATION:
Background
When Proposition E was passed by the voters, the CEO of the SFMTA delegated purchasing
authority provided to SFMTA under Proposition E to the City’s Purchasing Department. In
2002, the Purchasing Department conducted a selection process for security services and entered
into an Award of Security Guard Services (Armed And Unarmed) For The Revenue And Cost
Accounting Sections Of The San Francisco Municipal Railway For the Term August 1, 2002
Through June 30, 2005 with King Security Services, Inc. (“Contract”).
The Contract included the option to exercise an extension for two additional years and the
Purchasing Division extended the Contract for an additional year through June 30, 2006.
However, no subsequent action was taken to either extend the contract for the second year
available under the Contract option or to conduct a bidding process for a new contract due to the
transition of SFMTA and OCA staff.
Additionally, the vendor continued to provide security services and be paid for these services
after June 30, 2006.
Payments
King Security Services, Inc. was paid $7,157,330.04 for security services under the Contract for
the period August 1, 2002 through June 30, 2006. Additionally, $1,791.758.22 has been paid for
the period July 1, 2006 through June 1, 2007 and $111,213.15 is with the Controller’s Office and
the City Purchasing Department pending approval. Therefore, $9,060,301.41 has either been
paid or in the approval process for payment to King Security Services, Inc. under the original
purchase order for security services. The vendor has submitted additional invoices which have
not been processed totaling approximately $250,000. In summary, approximately $2,000,000 of
security services for Fiscal Year 2006-2007 has been incurred, which has been paid, without a
contract.
Next Steps
The Board of Supervisors will be asked to approve this request as well. Staff anticipates the
release of and RFP for these services within the next 30 days, pending approval of the SFMTA
Board of Directors, with the intent of selecting a vendor for security services under a new
contract as soon as possible but no later than January 1, 2008.
The City Attorney’s Office has reviewed this calendar item.
SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY
BOARD OF DIRECTORS
CITY AND COUNTY OF SAN FRANCISCO
RESOLUTION No. ______________________
WHEREAS, The Office of Contract Administration ("OCA") entered into an agreement
(Contract No. 86091, BPSF00001904) ("Agreement") for armed and unarmed security guard services to
be provided to the Municipal Transportation Agency ("SFMTA") to escort deliveries of fare media and
cash by SFMTA's Revenue and Cost Accounting divisions and to guard Municipal Railway shops and
facilities against trespass, fire, vandalism, theft and other damage to public property; and,
WHEREAS, The term of the Agreement began on August 1, 2002 and continued through June
30, 2005, and with an option to extend the term for a period of up to two years; and,
WHEREAS, The SFMTA and OCA executed Contract Modification 1 to the Agreement to
extend the Agreement through June 2006 in accordance with its terms and added $500,000 for a total
contract amount of $9 million; and,
WHEREAS, The SFMTA and OCA intended to extend the Agreement through June 2007 in
accordance with the terms of the Agreement; and,
WHEREAS, Due to the transition of certain City employees responsible for administration of the
Agreement the second modification of the Agreement was never executed; and,
WHEREAS, King Security anticipated a contract extension and continued to perform needed
security services in good faith; and,
WHEREAS, The SFMTA has not been able to pay King Security outstanding invoices for
services rendered due to the lack of a current contract authorization against which funds could be
released; and,
WHEREAS, The SFMTA is preparing a Request for Proposals for the purpose of soliciting bids
for a new security services contract; and,
WHEREAS, Until a new armed security guard contract can be executed following a competitive
solicitation, SFMTA continues to require the services of armed security guards to escort deliveries of
fare media and cash and to guard Municipal Railway shops and facilities against trespass, fire,
vandalism, theft and other damage to public property; and,
WHEREAS, Section 9.118(b) of the Charter requires that all agreements in excess of ten million
dollars or amendments to said agreements in excess of $500,000 be approved by the Board of
Supervisors, and,
WHEREAS, OCA and SFMTA have prepared proposed Contract Modification 2, to extend the
term of the Agreement through December 31, 2007 or until a new security guard services contract is
awarded, whichever occurs sooner, and to add $3.5 million to the Agreement for a total contract amount
of $12.5 million; and, now, therefore, be it
RESOLVED, That the SFMTA Board of Directors authorizes the Executive Director/CEO to
execute Contract Modification No. 2 to Office of Contract Administration Contract No. 86091, Security
Guard Services (Armed and Unarmed) with King Security Services, Inc., to extend the term of the
contract from July 1, 2006 through December 31, 2007 and increase the contract value by $3,500,000 to
a total contract value of $12,500,000 to provide security services at Municipal Transportation Agency
facilities and escort services for deliveries of fare media and cash, pending approval by the San
Francisco Board of Supervisors.
I certify that the foregoing resolution was adopted by the Municipal Transportation Agency Board of
Directors at its meeting of __________________________
_________________________________
Secretary, Municipal Transportation Agency Board
City and County of San Francisco
Office of Contract Administration
Purchasing
1 Dr. Carlton B. Goodlett Place, Room 430
San Francisco, CA 94102 - 4685
CONTRACT MODIFICATION NO. 2
Indefinite Quantity
King Security Services
1458 Howard Street
San Francisco, CA 94103
Attn: Kim King
Date
June 30, 2007______
Contract Proposal No. 86091
Estimated Amount:
Indefinite
The City and County of San Francisco does hereby accept your offer to extend the contract and furnish the Articles indicated below. Such
Articles are to be delivered in the manner and the form and at the times and prices set forth in the above numbered Contract Proposal, but
only after receipt of order properly certified by the Controller of the City and County of San Francisco.
CONTRACT EXTENSION/PRICE INCREASE
For furnishing and delivering Security Guard Services (Armed & Unarmed) for the Revenue & Cost
Accounting of the S.F. Muni Railway.
By mutual agreement, the parties hereby retroactively exercise the contract extension from July 1,
2006 through June 30, 2007.
By mutual agreement, the contract is amended to extend the term from July 1, 2007 through
December 31, 2007.
The total amount of this contract shall not exceed $12,500,000.
By mutual agreement, prices have increased effective July 1, 2007. (See Attachment “A”).
The following Special Conditions are new and have been added to Contract 86091 (See Attachment
“A”).
93. Termination and Termination for Convenience 98. Prohibition on Political Activity with City Funds
94. Proposal, Quotation and Attachments
99. Contract Product/Service Quality Report
95. Provisions Controlling
100. Nondisclosure of Private Information
96. Drug-Free Workplace Policy
101. Graffiti Removal
97. First Source Hiring Program (FSHP)
All other terms and conditions remain the same.
Acknowledge receipt and acceptance of this Contract Modification in the space below. Return to Purchaser, 1 Dr. Carlton B. Goodlett Place,
Room 430, San Francisco, CA, 94102-4685. DUPLICATE COPY IS FOR YOUR FILES.
________________________________________________________________
As the duly appointed Purchaser
of the City and County of San Francisco
Date
RECEIPT OF THE ABOVE IS HEREBY ACKNOWLEDGED:
Contractor __________________________________________________
By ________________________________________________________
Signature
Title
Date ______________________________________________________________
Revised Pricing Schedule:
A.
Armed Officer Hourly Rate
$ 26.04
B.
Unarmed Officer Hourly Rate
$ 24.95
C.
Observer Hourly Rate
$ 18.33
93.
TERMINATION AND TERMINATION FOR CONVENIENCE
In the event Contractor fails to perform any of its obligations under this contract,
in addition to any other remedies available to City, this contract may be
terminated and all of Contractor’s rights hereunder ended. Termination will be
effective after ten days’ written notice to Contractor. No new work will be
undertaken, and no new deliveries will be made, after the date of receipt of any
notice of termination, or five days after the date of the notice, whichever is earlier.
In the event of such termination, Contractor will be paid for those services
performed, or deliveries made, under this contract to the satisfaction of the City,
up to the date of termination. However, City may offset from any such amounts
due Contractor any liquidated damages or other costs City has or will incur due
to Contractor’s nonperformance. Any such offset by City will not constitute a
waiver of any other remedies City may have against Contractor for financial injury
or otherwise. City may terminate this Contract for City’s convenience and without
cause at any time by giving Contractor thirty days’ written notice of such
termination. In the event of such termination, Contractor will be paid for those
services performed, or deliveries made, pursuant to this contract, to the
satisfaction of the City up to the date of termination. In no event will City be liable
for costs incurred by Contractor after receipt of a notice of termination. Such
non-recoverable costs include, but are not limited to, anticipated profits on this
contract, post-termination employee salaries, post-termination administrative
expenses, or any other cost which is not reasonable or authorized under this
section. This section shall not prevent Contractor from recovering costs
necessarily incurred in discontinuing further work, or canceling further deliveries,
under the contract after receipt of the termination notice.
94.
95.
PROPOSAL, QUOTATION AND ATTACHMENTS
This contract incorporates by reference the provisions of any related bid request
issued by City, any bid submitted by contractor, or both. This contract
incorporates by reference the provision of any attachments.
PROVISIONS CONTROLLING
Contractor agrees that in the event of conflicting language between this contract
and Contractor’s printed form, the provisions of this contract shall take
precedence. This section shall supersede any language in the contractor’s terms
96.
and conditions attempting to nullify City terms and conditions or to resolve
language conflicts in favor of the contractor’s terms and conditions.
DRUG-FREE WORKPLACE POLICY
Contractor acknowledges that pursuant to the Federal Drug-Free Workplace Act
of 1989, the unlawful manufacture, distribution, dispensation, possession, or use
of a controlled substance is prohibited on City premises. Contractor agrees that
any violation of this prohibition by Contractor, its employees, agents, or assigns
will be deemed a material breach of this Contract.
97.
FIRST SOURCE HIRING PROGRAM (FSHP)
If the contract is for more than $50,000, the successful bidder will be required to
agree to comply fully with and be bound by the provisions of the First Source
Hiring Program ordinance, as set forth in San Francisco Administrative Code
Chapter 83. Generally, this ordinance requires contractors to notify the First
Source Hiring program of available entry-level jobs and provide the Workforce
Development System with the first opportunity to refer qualified individuals for
employment.
Contractors should consult the San Francisco Administrative Code to determine
their compliance obligations under this Chapter. For additional information
regarding FSHP, call (415) 401-4935.
A.
Incorporation of Administrative Code Provisions by Reference
The provisions of Chapter 83 of the San Francisco Administrative Code
are incorporated in this Section by reference and made a part of this
Contract as though fully set forth herein. Contractor shall comply fully
with, and be bound by, all of the provisions that apply to this Contract
under such Chapter, including but not limited to the remedies provided
therein. Capitalized terms used in this Section and not defined in this
Contract shall have the meanings assigned to such terms in Chapter 83.
B.
First Source Hiring Agreement
(1)
Contractor will comply with First Source interviewing, recruitment
and hiring requirements, which will provide the San Francisco
Workforce Development System with the exclusive opportunity to
initially provide Qualified Economically Disadvantaged Individuals
for consideration for employment for Entry Level Positions. The
duration of the First Source interviewing requirement shall be ten
(10) days, unless business necessity requires a shorter period of
time.
C.
(2)
Contractor will comply with requirements for providing timely,
appropriate notification of available Entry Level Positions to the San
Francisco Workforce Development System so that the System may
train and refer an adequate pool of Qualified Economically
Disadvantaged Individuals to participating Employers.
(3)
Contractor agrees to use good faith efforts to comply with the First
Source hiring requirements. A contractor may establish its good
faith efforts by filing: 1) its first available Entry Level Position with a
job applicant referred through the First Source Program; and 2) fifty
percent (50%) of its subsequent available Entry Level Positions
with job applicants referred through the San Francisco Workforce
Development System. Failure to meet this target, while not
imputing bad faith, may result in a review of the Contractor’s
employment records.
Hiring Decisions
Contractor shall make the final determination of whether an Economically
Disadvantaged Individual referred by the System is “qualified” for the
position.
D.
Exceptions
Upon application by Employer, the First Source Hiring Administration may
grant an exception to any or all of the requirements of Chapter 83 in any
situation where it concludes that compliance with this Chapter would
cause economic hardship.
E.
Liquidated Damages
Violation of the requirements of Chapter 83 is subject to an assessment of
liquidated damages in the amount of $2,070 for every new hire for an
Entry Level Position improperly withheld from the First Source hiring
process. The assessment of liquidated damages and the evaluation of
any defenses or mitigating factors shall be made by the FSHA.
F.
Subcontracts
Any subcontract entered into by Contractor shall require the subcontractor
to comply with the requirements of Chapter 83 and shall contain
contractual obligations substantially the same as those set fort in this
section.
98.
PROHIBITION ON POLITICAL ACTIVITY WITH CITY FUNDS
In accordance with San Francisco Administrative Code Chapter 12.G, Contractor
may not participate in, support, or attempt to influence any political campaign for
a candidate or for a ballot measure (collectively, “Political Activity”) in the
performance of the services provided under this contract. Contractor agrees to
comply with San Francisco Administrative Code Chapter 12.G and any
implementing rules and regulations promulgated by the City’s Controller. The
terms and provisions of Chapter 12.G are incorporated herein by this reference.
In the event Contractor violates the provisions of this section, the City may, in
addition to any other rights or remedies available hereunder, (i) terminate this
contract, and (ii) prohibit Contractor from bidding on or receiving any new City
contract for a period of two (2) years. The Controller will not consider
Contractor’s use of profit as a violation of this section.
99.
CONTRACT PRODUCT/SERVICE QUALITY REPORT
The attached report (Attachment “A”) will be provided to departments using this
contract. Users of the contract may complete and return these reports at any
time during the life of the contract. The purpose of the report is to monitor
contractor performance and determine supplier successes or shortcomings.
Each report will be sent to the awarded/supplier/contractor. They will have an
opportunity to respond to the information provided by the department. Quality
reports that go unresolved to the satisfaction of the Purchaser may be used as a
basis for commencement of partial or complete contract default proceedings.
100.
NONDISCLOSURE OF PRIVATE INFORMATION
As of March 5, 2005, Contractor agrees to comply fully with and be bound by all
of the provisions of Chapter 12M of the San Francisco Administrative Code (the
“Nondisclosure of Private Information Ordinance”), including the remedies
provided. The provisions of the Nondisclosure of Private Information Ordinance
are incorporated herein by reference and made a part of this Contract as though
fully set forth. Capitalized terms used in this section and not defined in this
Contract shall have the meanings assigned to such terms in the Nondisclosure of
Private Information Ordinance.
Consistent with the requirements of the
Nondisclosure of Private Information Ordinance, Contractor agrees to al of the
following:
(a)
Neither Contractor nor any of its Subcontractors shall disclose Private
Information obtained from the City in the performance of this Contract to
any other Subcontractor, person, or other entity, unless one of the
following is true:
(i)
The disclosure is authorized by this Contract.
(ii)
The Contractor received advance written approval from the
Contracting Department to disclose the information; or
(iii)
101.
The disclosure is required by law or judicial order.
(b)
Any disclosure or use of Private Information authorized by this Contract
shall be in accordance with any conditions or restrictions stated in this
Contract. Any disclosure or use of Private Information authorized by a
Contracting Department shall be in accordance with any conditions or
restrictions stated in the approval.
(c)
Private Information shall mean any information that: (1) could be used to
identify an individual, including without limitation, name, address, social
security number, medical information, financial information, date and
location of birth, and names of relatives; or (2) the law forbids any person
from disclosing.
(d)
Any failure of Contractor to comply with the Nondisclosure of Private
Information Ordinance shall be a material breach of this Contract. In such
an event, in addition to any other remedies available to it under equity or
law, the City may terminate this Contract, debar Contractor, or bring a
false claim action against Contractor.
GRAFFITI REMOVAL
Graffiti is detrimental to the health, safety and welfare of the community in that it
promotes a perception in the community that the laws protecting public and
private property can be disregarded with impunity. This perception fosters a
sense of disrespect of the law that results in an increase in crime; degrades the
community and leads to urban blight; is detrimental to property values, business
opportunities and the enjoyment of life; is inconsistent with the City's property
maintenance goals and aesthetic standards; and results in additional graffiti and
in other properties becoming the target of graffiti unless it is quickly removed
from public and private property. Graffiti results in visual pollution and is a public
nuisance. Graffiti must be abated as quickly as possible to avoid detrimental
impacts on the City and County and its residents, and to prevent the further
spread of graffiti.
Contractor shall remove all graffiti from any real property owned or leased by
Contractor in the City and County of San Francisco within forty eight (48) hours
of the earlier of Contractor's (a) discovery or notification of the graffiti or (b)
receipt of notification of the graffiti from the Department of Public Works. This
section is not intended to require a Contractor to breach any lease or other
agreement that it may have concerning its use of the real property. The term
"graffiti" means any inscription, word, figure, marking or design that is affixed,
marked, etched, scratched, drawn or painted on any building, structure, fixture or
other improvement, whether permanent or temporary, including by way of
example only and without limitation, signs, banners, billboards and fencing
surrounding construction sites, whether public or private, without the consent of
the owner of the property or the owner's authorized agent, and which is visible
from the public right-of-way. "Graffiti" shall not include: (1) any sign or banner
that is authorized by, and in compliance with, the applicable requirements of the
San Francisco Public Works Code, the San Francisco Planning Code or the San
Francisco Building Code; or (2) any mural or other painting or marking on the
property that is protected as a work of fine art under the California Art
Preservation Act (California Civil Code Sections 987 et seq.) or as a work of
visual art under the Federal Visual Artists Rights Act of 1990 (17 U.S.C. §§ 101
et seq.).
Any failure of Contractor to comply with this section of this contract shall
constitute a default of this Contract.
Per General Condition 25 – NOTICES TO PARTIES, the following clause has been
modified to read as follows:
25.
Notices to the Parties
Unless otherwise indicated elsewhere in this Agreement, all notices to be given
by the parties hereto shall be in writing, in duplicate and served by depositing
same in the United States Post Office, postage prepaid and registered as follows:
To City:
Director of the Office Contract Admin.
Naomi Kelly
City Hall, Room 430
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4685
Re: Contract Proposal No. 86091
MUNI
TRANSIT
POLICE
AND
SECURITY
Scott Heugly, MUNI Security Director
S.F. Municipal Railway Department
875 Stevenson Street, Suite 204
San Francisco, CA 94103
Re: Contract Proposal No. 86091
To Contractor:
King Security Services
Kimberley U. King
President / CEO
1458 Howard Street
San Francisco, CA 94103
Per General Condition 42 – LIMITATIONS ON CONTRIBUTIONS, the following
clause has been modified to read as follows:
42.
LIMITATIONS ON CONTRIBUTIONS
Through execution of this Contract, Contractor acknowledges that it is familiar
with section 1.126 of the City’s Campaign and Governmental Conduct Code,
which prohibits any person who contracts with the City for the rendition of
personal services or for the furnishing of any material, supplies or equipment to
the City, whenever such transaction would require approval by a City elective
officer of the board on which that City elective officer serves, from making any
campaign contribution to the officer at any time from the commencement of
negotiations for the contract until the later of either (1) the termination of
negotiations for such contract or (2) three months after the date the contract is
approved by the City elective officer or the board on which that City elective
officer serves.
Per General Condition 43 – MINIMUM COMPENSATION ORDINANCE (“MCO”), the
following clause has been modified to read as follows:
43
MINIMUM COMPENSATION ORDINANCE (“MCO”) Contractor agrees to
comply fully with and be bound by all of the provisions of the Minimum
Compensation Ordinance (MCO), as set forth in San Francisco Administrative
Code Chapter 12P (Chapter 12P), including the remedies provided, and
implementing guidelines and rules. The provisions of Chapter 12P are
incorporated herein by reference and made a part of this Agreement as though
fully set forth. The text of the MCO is available on the web at
www.sfgov.org/olse. Capitalized terms used in this Section and not defined in
this Agreement shall have the meanings assigned to such terms in Chapter 12P.
Consistent with the requirements of the MCO, Contractor agrees to all of the
following:
a.
For each hour worked by a Covered Employee during a Pay Period on
work funded under the City contract during the term of this Agreement,
Contractor shall provide to the Covered Employee no less than the
Minimum Compensation, which includes a minimum hourly wage and
compensated and uncompensated time off consistent with the
requirements of the MCO. For the hourly gross compensation portion of
the MCO, Contractor shall pay a minimum of $10.77 an hour beginning
January 1, 2005 and for the remainder of the term of this Agreement;
provided, however, that Contractors that are Nonprofit Corporations or
public entities shall pay a minimum of $9 an hour for the term of this
Agreement.
b.
Contractor shall not discharge, reduce in compensation, or otherwise
discriminate against any employee for complaining to the City with regard
to Contractor’s compliance or anticipated compliance with the
requirements of the MCO, for opposing any practice proscribed by the
MCO, for participating in proceedings related to the MCO, or for seeking to
assert or enforce any rights under the MCO by any lawful means.
c.
Contractor understands and agrees that the failure to comply with the
requirements of the MCO shall constitute a material breach by Contractor
of the terms of this Agreement. The City, acting through the Contracting
Department, shall determine whether such a breach has occurred.
d.
If, within 30 days after receiving written notice of a breach of this
Agreement for violating the MCO, Contractor fails to cure such breach or,
if such breach cannot reasonably be cured within such period of 30 days,
Contractor fails to commence efforts to cure within such period, or
thereafter fails diligently to pursue such cure to completion, the City, acting
through the Contracting Department, shall have the right to pursue the
following rights or remedies and any rights or remedies available under
applicable law:
(1)
The right to charge Contractor an amount equal to the difference
between the Minimum Compensation and any compensation
actually provided to a Covered Employee, together with interest on
such amount from the date payment was due at the maximum rate
then permitted by law;
(2) The right to set off all or any portion of the amount described in
Subsection (d)(1) of this Section against amounts due to Contractor
under this Agreement;
(3)
The right to terminate this Agreement in whole or in part;
(4)
In the event of a breach by Contractor of the covenant referred to in
Subsection (b) of this Section, the right to seek reinstatement of the
employee or to obtain other appropriate equitable relief; and
(5)
The right to bar Contractor from entering into future contracts with
the City for three years.
Each of the rights provided in this Subsection (d) shall be exercisable individually
or in combination with any other rights or remedies available to the City. Any
amounts realized by the City pursuant to this subsection shall be paid to the
Covered Employee who failed to receive the required Minimum Compensation.
e.
Contractor represents and warrants that it is not an entity that was set up,
or is being used, for the purpose of evading the intent of the MCO.
f.
Contractor shall keep itself informed of the current requirements of the
MCO, including increases to the hourly gross compensation due Covered
Employees under the MCO, and shall provide prompt written notice to all
Covered Employees of any increases in compensation, as well as any
written communications received by the Contractor from the City, which
communications are marked to indicate that they are to be distributed to
Covered Employees.
g.
Contractor shall provide reports to the City in accordance with any
reporting standards promulgated by the City under the MCO, including
reports on subcontractors.
h.
The Contractor shall provide the City with access to pertinent records after
receiving a written request from the City to do so and being provided at
least five (5) business days to respond.
i.
The City may conduct random audits of Contractor. Random audits shall
be (i) noticed in advance in writing; (ii) limited to ascertaining whether
Covered Employees are paid at least the minimum compensation required
by the MCO; (iii) accomplished through an examination of pertinent
records at a mutually agreed upon time and location within ten days of the
written notice; and (iv) limited to one audit of Contractor every two years
for the duration of this Agreement. Nothing in this Agreement is intended
to preclude the City from investigating any report of an alleged violation of
the MCO.
j.
Any subcontract entered into by Contractor shall require the subcontractor
to comply with the requirements of the MCO and shall contain contractual
obligations substantially the same as those set forth in this Section. A
subcontract means an agreement between the Contractor and a third
party that requires the third party to perform all or a portion of the services
covered by this Agreement. Contractor shall notify the Department of
Administrative Services when it enters into such a subcontract and shall
certify to the Department of Administrative Services that it has notified the
subcontractor of the obligations under the MCO and has imposed the
requirements of the MCO on the subcontractor through the provisions of
the subcontract. It is Contractor’s obligation to ensure that any
subcontractors of any tier under this Agreement comply with the
requirements of the MCO. If any subcontractor under this Agreement fails
to comply, City may pursue any of the remedies set forth in this Section
against Contractor.
Each Covered Employee is a third-party beneficiary with respect to the
requirements of subsections (a) and (b) of this Section, and may pursue
the following remedies in the event of a breach by Contractor of
subsections (a) and (b), but only after the Covered Employee has
k.
provided the notice, participated in the administrative review hearing, and
waited the 21-day period required by the MCO. Contractor understands
and agrees that if the Covered Employee prevails in such action, the
Covered Employee may be awarded: (1) an amount equal to the
difference between the Minimum Compensation and any compensation
actually provided to the Covered Employee, together with interest on such
amount from the date payment was due at the maximum rate then
permitted by law; (2) in the event of a breach by Contractor of subsections
(a) or (b), the right to seek reinstatement or to obtain other appropriate
equitable relief; and (3) in the event that the Covered Employee is the
prevailing party in any legal action or proceeding against Contractor
arising from this Agreement, the right to obtain all costs and expenses,
including reasonable attorney's fees and disbursements, incurred by the
Covered Employee. Contractor also understands that the MCO provides
that if Contractor prevails in any such action, Contractor may be awarded
costs and expenses, including reasonable attorney’s fees and
disbursements, from the Covered Employee if the court determines that
the Covered Employee’s action was frivolous, vexatious or otherwise an
act of bad faith.
If Contractor is exempt from the MCO when this Agreement is executed because the
cumulative amount of agreements with this department for the fiscal year is less than
$25,000 ($50,000 for nonprofits), but Contractor later enters into an agreement or
agreements that cause contractor to exceed that amount in a fiscal year, Contractor
shall thereafter be required to comply with the MCO under this Agreement. This
obligation arises on the effective date of the agreement that causes the cumulative
amount of agreements between the Contractor and this department to exceed
Per General Condition 57 – REPORTS BY CONTRACTOR, the following clause
has been modified to read as follows:
57.
REPORTS BY CONTRACTOR
MULTI-YEAR TERM CONTRACT
Each year, 90 days before the anniversary date of this contract, Contractor must furnish a report
of the total services ordered under this contract during the preceding 12 months. The report
must be in a format acceptable to the City and must list by department or location: all services
awarded under this contract; total dollar value for each service ordered, including services for
which there were no orders. Contractor must also furnish a separate similar report for the total
of all services ordered by City that are not part of this contract.
Contractor shall send the reports to:
Mr. Ted Unaegbu, SFMTA Security Division and
Re: Term Contract No. 86091
875 Stevenson Street, Suite 204
Charles T. Van Horn, Senior Purchaser
Re: Term Contract No. 86091
1 South Van Ness, 3rd Floor, Room 1058
San Francisco, CA 94103
San Francisco, CA 94103