American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 8

MOTION for Preliminary Injunction /TRO by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Declaration of Pamela Geller, # 3 Exhibit A Certificate of Incorporation for FDI, # 4 Exhibit B FDI Religious Freedom Message, # 5 Exhibit C CBS-FDI Agreement-Miami, # 6 Exhibit D CBS-FDI Agreement-NYC, # 7 Exhibit E CBS-FDI Agreement-Detroit, # 8 Exhibit F Email thread--DDOT rejection, # 9 Exhibit G Atheist Bus Advertisement, # 10 Exhibit H SMART "Advertising Guidelines" and "Policies and Regulations", # 11 Exhibit I Email thread--SMART request, # 12 Exhibit J Email thread--SMART rejection) (Muise, Robert)

EXHIBIT H

SMART -

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SMART Business Advertise with SMART How To Become A Vendor Vendor FAQ Policies and Regulations Contact SMART Procurement Office of DBE-EEO Title VI Policy

ADVERTISE WITH SMART
Bus Exteriors, Interiors & Shelters
CBS Outdoor is SMART's official Bus and Shelter Advertising agency and brings with them immense experience in transit advertising as well as a great knowledge of the Detroit transit market. With SMART's fleet consisting of more than 380 buses and over 70 shelters, you can drive your message deep into the communities you want to reach. Saturate Southeast Michigan with transit and shelter advertising through SMART. Contact:

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Robert B. Hawkins Sales Manager, Displays Division CBS Outdoor 88 Custer Ave. Detroit, MI 48202 [phone] (ph) [phone] (fax)

Advertising Guidelines
As a governmental agency that receives state and federal funds, SMART is mandated to comply with federal and state laws. First Amendment free speech rights require that SMART not censor free speech and because of that, SMART is required to provide equal access to advertising on our vehicles. To comply with these requirements, SMART has in place advertising guidelines for which all advertisements are reviewed against. Any such advertising which does not violate the SMART advertising guidelines or the law must be posted. Advertising posted on SMART property does not always reflect the views or opinions of SMART, its employees or riders.
©Copyright SMART All Rights Reserved. Privacy Policy & Terms of Use

http://www.smartbus.org/Smart/mktg/advertise.aspx

6/15/2010

SMART - Policies and Regulations

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SMART Business Advertise with SMART How To Become A Vendor Vendor FAQ Policies and Regulations Circular 4220.1E State Law Board Policy Protest Procedures Required Clauses Affirmative Action Statement DBE Statement Contact SMART Procurement Office of DBE-EEO Title VI Policy

POLICIES AND REGULATIONS
SMART was created through legislation, Public Act 204, enacted by the Michigan Legislature and signed into law by the Governor in 1974. SMART receives funding from the federal government, via the Federal Transit Administration, the State of Michigan, via the Department of Transportation, and the counties of Macomb, Oakland and Wayne. As a public agency and because of the multiple funding sources, SMART is governed by all of these same entities. The procurement function at SMART must comply with FTA Circular 4220.1F, State law, Section 17 of P.A. 204, as amended, and policy as set forth by SMART's Board of Directors in Board Policy Number 1, Contracting Policy. These governing documents are provided for your reference.

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The General Counsel of the Authority shall review all contracts of the Authority to assure their sufficiency as to form, compliance with laws and regulations, terms of applicable grant contracts, and to otherwise protect the best interest of the Gadgets powered by Authority. The Manager of Procurement is responsible to the General Manager for Google ensuring compliance with all of the requirements set forth in these governing For best results, please use documents. All of the requirements do not apply to each solicitation issued by the Internet Explorer 6 or later Procurement Department. In addition, the requirements of each document differ in versions. many respects. Select Language The professional staff in SMART's Procurement Department is responsible for knowing which requirements apply and for reconciling any conflict among the multiple requirements. Refer to the Contact Listing for the Procurement Department should you wish to speak to someone regarding policies and regulations.

PROTEST PROCEDURES
Interested Parties that believe they have been aggrieved by a solicitation or the award of any resulting contract may file a written notice of protest with the General Manager of SMART and shall serve the copies upon the General Counsel. The General Manager or his designee shall hear and determine the merits of said protest, and shall advise all competitors that a protest has been filed. The General Manager may receive evidence and legal arguments from any interested party, but shall not be bound by the rules of evidence nor formal procedure. Unless otherwise directed by the General Manager, issues will be judged on the basis of written evidence and written arguments. All documents received by the General Manager shall be stamped with the date and time received and logged into the protest file folder. The General Manager shall promptly issue his findings and conclusions to the protesting party, and shall advise the Board of Directors and other interested parties. Issues addressing the adequacy of Proposals or requests for Proposals, including without limitation the pre-award procedure, the instructions, general conditions and specifications and scope of work must be received by the General Manager no later than eight (8) calendar days prior to the time set for receipt of Proposals. Thereafter, such issues are deemed waived by all interested parties. When the General Manager decides that a protest lacks merit, all interested parties shall be so advised, in writing, and the evaluation and award process will continue. Notice of decision is served upon all interested parties by certified mail.

http://www.smartbus.org/Smart/SMART+Business/Policies+and+Regulations/

6/14/2010