CITY OF POMONA. Request for Qualifications and Proposals. For

CITY OF POMONA Request for Qualifications and Proposals For One-Time Assignment of Rights to Wireless Telecommunication Facilities, and Related Access Easements (Cell Tower Leases) Purchasing Specification No. 902.2A City of Pomona Finance Department Purchasing Division 505 S. Garey Ave, Pomona Ca 91766 P.O. Box 660, Pomona Ca 91769 (909) 620-2381 Proposal Submittal Deadline: 4:00 PM, April 30, 2013

Note: The following Request for Qualifications and Proposals is a re-bid of the original RFP that was issued in 2012. All bid proposals related to the original RFP have been rejected. INTRODUCTION The City of Pomona is accepting sealed proposals from qualified firms for a one-time payment/financing agreement in exchange for the assignment of the rights to existing wireless telecommunications facility licenses and/or leases located on City-owned real property (the RFP ). A non-exclusive access easement will also be provided as part of the one-time sale. As of the date of this RFP, the City is a party to a total of 21 cellular communications licenses and/or leases throughout the City, which grant certain rights to build and maintain telecommunications facilities on City owned real property in exchange for monthly license and/or lease payments. The licenses and leases exist to permit the location of cellular equipment on the towers. Licenses and leases have various remaining lives through original terms and renewal terms. A spreadsheet of the leases is attached and a copy of each agreement is available on the City s website located at: www.ci.pomona.ca.us City Business Current Bids & RFPs Non-Construction Bids Interested parties are encouraged to propose alternate financing options which include an upfront payment in conjunction with a share of on-going revenues deemed appropriate or feasible. PROPOSAL SUBMITTAL INSTRUCTIONS Each interested party must deliver one (1) original and two (2) copies of their proposal, clearly marked Wireless Telecommunication Facilities Assignment on the outside of a sealed envelope or box. Proposals must be received in the Purchasing Office no later than 4:00 PM Pacific Standard Time on April 30, 2013: U.S. Mail: City of Pomona Purchasing Division P.O. Box 660 Pomona, CA 91769 Hand delivery, Fedex, UPS: City of Pomona Purchasing Division 505 South Garey Ave. Pomona, CA 91766 Late proposals, electronically transmitted versions, and faxes shall not be accepted by the City. Proposals in the form of telephone calls or e-mails will not be accepted. INQUIRIES Section 2-975(2) of the Pomona City Code states that any unauthorized contact by the bidder during the bid or proposal process with an official or city employee, other than those shown on the RFP or bid, the Finance Director, or Purchasing Manager, shall cause the bidder to be immediately disqualified from consideration of award. 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 2

In compliance with this code section only the following individuals may be contacted during this procurement process (from date of notice until date of award): For questions pertaining to the proposal specifications and bidding process, contact: the Purchasing Division at (909) 620-2381 E-mail: sonia_gil@ci.pomona.ca.us Fax (909) 620-3711. To provide adequate response time prior to proposal closing date, all questions must be submitted to the appropriate person as shown above by April 25, 2013, 5:00 p.m. The interested parties shall carefully examine this RFP and any addenda that may be posted on the City s website. Interested parties shall seek, in writing, any requests for clarification of any ambiguity, conflict, omission or other error in this RFP. If the answer to any written inquiry materially affects the RFP, the information will be incorporated into an addendum and posted on the City s website. All addenda will be numbered in sequence and posted on the City s website on the date stated on the addenda. It shall be the responsibility of any interested party to check the City s website to determine if any addenda have been posted prior to the proposal closing date. Website address: http://www.ci.pomona.ca.us; Select City Business, Select Current Bids and RFP s, Select Non-Construction Bids. No other letters or correspondence will be sent. MISC. TERMS & CONDITIONS A. CONTRACT The party submitting the selected proposal shall enter into an Agreement with the City containing mutually agreed upon terms and conditions related to the assignment of rights and duties under existing City wireless telecommunications licenses and leases agreements. The City reserves the right to negotiate additional terms and conditions as considered necessary to memorialize the purchase and sale of the City s wireless telecommunications facilities agreements and access easements. B. PERMITS & LICENSES The contractor shall secure or maintain in force during the period covered by any contract resulting from this specification all licenses and permits required by law for the operation of their business including a Pomona Business License. C. ASSIGNMENT The contractor shall, under no circumstances, assign any contract issued as a result of this proposal by any means whatsoever, or any part thereof to another party without express written permission of the City. D. SUCCESSFUL PROPOSAL 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 3

Any agreement between the successful proposer and the City shall require approval by the City of Pomona City Council as prescribed by City Ordinances and Codes. Standard terms and conditions shall govern any contract awarded. E. SIGNED SUBMISSION OF PROPOSALS The submission of proposals must be signed in longhand by the proposer with his/her usual signature. Submission of proposals by partnerships must be signed with the partnership name by the principal partner, followed by the signature and designation of partner signing; submission of proposals by corporations must be signed with legal name of corporation of president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall be typed or printed below the signature. F. ADDENDUM OF THE RFP If it becomes necessary to revise any part of this RFP, an addendum to the RFP will be sequencially numbered and dated and posted on the City s website. All addenda issued by the proposal deadline will be incorporated into any resulting contract. G. LATE SUBMISSION OF PROPOSALS Any proposals received after the due date and time specified in this RFP will not be considered. H. WITHDRAWAL OF SUBMISSION OF PROPOSALS Any proposer may withdraw his/her submission of proposal(s), by written request submitted personally or by facsimile, signed and dated at any time prior to the time set for the proposals opening. I. REJECTION OF SUBMISSION OF PROPOSALS The RFP does not commit the City of Pomona to award any contract. The City reserves the right, at its sole discretion to award a contract, to make no award, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the RFP procedures, and to be the final judge as to which is the responsible, qualified proposal. Any proposal that contains items not specified, items that are incorrect, that does not complete all the items scheduled, or does not respond to items in the manner specified in this RFP, may be considered non responsive and may be rejected on these bases in the sole discretion of the City. Proposals offering less than 90 days for acceptance from the proposed closing date may be considered non-responsive and may be rejected. Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City of Pomona, or that no proposal was deemed acceptable. J. PUBLIC INFORMATION 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 4

After the City Council has taken action to accept the selected proposal,, all materials received relative to this RFP will become public information and be available for inspection. The City reserves the right to retain all proposals submitted, whether or not the proposal was selected or judged to be responsive. K. PROPOSAL VALIDITY PERIOD Submission of a proposal will signify that the proposal is valid for at least ninety (90) days from the date of opening. L. NEWS RELEASES News releases pertaining to a selection resulting from any proposal made in response to the RFP shall not be made by the proposer without the prior written approval of the City of Pomona Finance Director. In addition, the successful proposer must agree not to release any advertising copy mentioning the City of Pomona or quoting the opinion of any City employee without written approval by the City of Pomona Finance Director. INDEMNIFICATION AND INSURANCE REQUIREMENTS A. INDEMNITY The selected party shall agree to indemnify the City of Pomona, and any officer, employee or agent and hold the City of Pomona, and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of the contracted vendor or their employees, agents or invitees, or any subcontractor of the contracted vendor or any of such subcontractor s employees, agents or invitees. B. INSURANCE The selected party shall maintain throughout the duration of the term of the Agreement, liability insurance covering the City and designating City including its elected or appointed officials, directors, officers, agents, employees, volunteers, or Company, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the selected party s performance arising out of the agreement entered into with the City in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the selected party's insurance policies shall be primary as respects any claims related to or as the result of the selected party s performance under any agreement with the CIty. Any insurance, pooled coverage, or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, or volunteers shall be non-contributory. 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 5

General Liability: a. General Aggregate $2,000,000 b. Products Comp/Op Aggregate $2,000,000 c. Personal & Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $ 50,000 f. Medical Expense (any one person) $ 5,000 Workers' Compensation: a. Workers' Compensation Statutory Limits b. EL Each Accident $1,000,000 c. EL Disease - Policy Limit $1,000,000 d. EL Disease - Each Employee $1,000,000 Automobile Liability a. Any vehicle, combined single limit $1,000,000 The selected party shall provide thirty (30) days advance notice to City in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City shall have the right but not the duty to obtain replacement insurance and to charge the selected party for any premium due for such coverage. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by City's Risk Manager. The selected party shall immediately advise City of any litigation that may affect these insurance policies. 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 6

DETAILED SPECIFICATIONS The leases and property locations are listed on the Attachment entitled WIRELESS TELECOMMUNICATIONS LOCATION INFORMATION. A. GENERAL 1) A list of the applicable wireless telecommunications facilities agreements are described in the attached spreadsheet. a) The City does not have the APN or site plans for the sites. b) Base rent is to be interpreted as current rent with the escalation beginning at the renewed term and /or annually. 2) Copies of the wireless telecommunications facilities agreements are available on the City s website at: www.ci.pomona.ca.us City Business Current Bids & RFPs Non-Construction Bids 3) The assignment of rights to the City s wireless communication facilities agreements are being offered to the proposer in as is condition. The City shall make no improvements or upgrades to the cellular tower, equipment, or sites as part of this transaction. 4) Proposers are encouraged to propose alternate financing options which include an upfront payment in conjunction with a share of on-going revenues. The City intends to partner with the proposing party that presents the best financial offer for the one-time lump sum assignment of the identified wireless telecommunication facilities agreements that yields the highest net monetary value. 5) The City reserves the exclusive right to add new carriers to the towers as space permits. 6) The City reserves the exclusive right to install, provide access to lease space and/or negotiate financing agreements on additional City property or other locations not listed in this RFP, and to contract in the best interest of the City. 7) The City is offering to sell only the existing cell towers listed on the spreadsheet. Any new cellular towers installed after the date of the release of this Request for Qualifications and Proposals are not included in this RFP. 8) The proposer shall provide a plan for future additions to the wireless telecommunications facilities under this contract. 9) Due diligence There is no on-site inspection of the towers scheduled for this RFP; however, if selected as the successful proposal, the City may arrange physical inspection of the wireless telecommunications sites prior to award. 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 7

B. PROPOSAL CONTENT REQUIREMENTS - Interested parties shall supply the following information: 1) Cover letter containing the signature of the person authorized to enter into an agreement with the City of Pomona. 2) Full company name, main address of the firm, contact name, phone number, tax identification number, and executive summary. 3) A brief history of the business. 4) Proof of funds or summary of financing, if any. Financial information the proposer wishes to be maintained as confidential and proprietary shall be marked Confidential and Proprietary and submitted in a separate envelope and enclosed in the sealed envelope or box containing the proposal. 5) Number of years in business, date of incorporation. 6) Certification that no member of the firm has a conflict of interest with the City of Pomona. 7) State whether any of the employees or officers of the firm has been named as a defendant in any litigation brought as a result of any contract operations for operation and maintenance. If so, name the individual and describe the circumstances, including the outcome. 8) State whether the firm has ever been terminated, fired or replaced on a project other than those contracts that have been terminated due to completion. If so, name the owner and describe the circumstances. 9) Along with the above information, include a detailed proposal sheet containing all relevant terms and price in connection to the proposed acquisition of the City s rights under the existing wireless telecommunication facilities agreements. 10) Proposals shall be accompanied by a good faith deposit in the form of a certified check or bank treasurer s check in the amount of Twenty Thousand Dollars ($20,000) or properly signed Bid Bond for $20,000. Good faith deposits shall be promptly returned to unsuccessful bidders. 11) Signed Statement of Non-Collusion [END OF REQUIRED INFORMATION] 902.2A One-Time Sale of Cellular Tower Leases and Related Access Easements Page 8

City of Pomona - Statement of Non-Collusion by Contractor The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Pomona either currently or within the last two (2) years; or is related to any officer or employee of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of the City Council prior to contract award. j. That no offer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on at California. (Date) (Location) Firm (Signature) Street (Print Name & Title) City State Zip